2009-10-06T19:17:30-05:00 plainblack In this program, we break down the rigors of appellate argument into manageable components, so even the least experienced advocates can deliver oral argument confidently and persuasively. After faculty provide teaching tips and demonstrations, participants argue before our faculty judges, who provide immediate critique. For the case being argued, we provide short written briefs or, optionally, participants in advance can draft their own based upon our case file. (Written critique of the latter is offered as an additional part of this program.) This program is best delivered in two half-day sessions, with instruction and demonstrations provided on day one, participant preparation before day two, and simulated moot court arguments on day two. Participants will learn to: Create and deliver a thematic, persuasive appellant argument Organize and prioritize arguments Prepare effectively and create easy-to-use written notes for the courtroom Respond to questions from the court Counter opposing argument Speak naturally with confidence and use appropriate body language and demeanor Deliver closing argument and rebuttal, arguing both responsively and affirmatively 1241819235 http://www.trialruninc.com/tat/trial-advocacy-training/apellate-argument 2009-05-08T16:47:15-05:00 2009-05-08T16:47:15-05:00 plainblack A winning case has a consistent and persuasive theory and theme. In this program, we coach how to craft the legal and factual theories that support a case and the themes that persuade the trier-of-fact to find for the client. Workshops give the participants opportunities to select themes, debate their application, and then experiment with phrasing those themes in memorable ways, using memorable rhetorical devices such as repetition, trilogy, parallelism, and analogy. Participants also practice expressing their themes and furthering their theory in opening statement, direct, cross, closing argument, and rebuttal. Participants will learn to: Understand the importance and components of theme and theory Identify a theory that cohesively explains the facts and law Articulate a persuasive theme Practice applying the theme and theory throughout a trial 1241819206 http://www.trialruninc.com/tat/trial-advocacy-training/case-analysis-selection-of-theory-and-theme 2009-05-08T16:46:46-05:00 2009-05-08T16:46:46-05:00 plainblack Good lawyers strive to improve their skills throughout their legal careers, in order to represent their clients to the utmost. And, supervisors on litigation teams must provide feedback on others’ work, not only to improve the task at issue but also to pave the way for better performance next time. We teach the skills necessary to critique constructively and effectively, on tasks from writing briefs to examining witnesses. Lawyers with these skills can help manage a trial team as well as teach with Trial Run faculty in our advocacy training programs. 1241819175 http://www.trialruninc.com/tat/trial-advocacy-training/critiquing-advocacy-and-writing-effectively 2009-05-08T16:46:15-05:00 2009-05-08T16:46:15-05:00 plainblack In this workshop, supervising attorneys hear about the keys to sound critique methodology, with demonstrations. Steps in effective critique include: highlight the topics of critique for the participant, record, present the statements on which you will comment, state the reasons for changing or maintaining the observed approach, demonstrate, and provide direction for the next performance of the skill. We brief supervisors about the most likely good and poor aspects of advocacy performance they will see (e.g., “Many of the participants will use too many leading questions on direct examination. Here is how to talk about that problem with them”). Participants are given multiple opportunities to observe performances and practice critiquing. 1241819144 http://www.trialruninc.com/tat/trial-advocacy-training/advocacy-learn-by-doing-critique 2009-05-08T16:45:44-05:00 2009-05-08T16:45:44-05:00 plainblack Sometimes it may seem easier to just mark-up and edit another attorney’s writing. Nonetheless, that use of time is both inefficient and not helpful to the subordinate who must learn to persuade on the client’s behalf. We begin this workshop by reviewing common errors in writing organization and style, and then we move to a discussion of methods for providing constructive critique, both orally and in writing on the document at issue. Participants will learn how to: Identify typical patterns of error and learn ways to correct them Provide criticism and correction in ways the subordinate attorney can absorb Offer steps to improve written analysis, organization, and style Motivate the subordinate to improve 1241819119 http://www.trialruninc.com/tat/trial-advocacy-training/writing-critique 2009-05-08T16:45:19-05:00 2009-05-08T16:45:19-05:00 plainblack Depositions play a critical role in today’s litigation environment, when a good transcript can support summary judgment or promote settlement. Still relevant, of course, is the use of depositions for trial work. We offer a series of programs pertaining to depositions. We teach these workshops in a learning-by-doing format, ranging from one day in length to two-and-one- half days. 1241819093 http://www.trialruninc.com/tat/trial-advocacy-training/deposition-skills 2009-05-08T16:44:53-05:00 2009-05-08T16:44:53-05:00 plainblack We designed this program to help lawyers prepare to take a basic discovery deposition in an organized, thorough, and strategic manner. Participants learn how to assess pre-existing discovery, research more facts, create a timeline for the case events and documents, and assess the evidence needed to prove or disprove each element of the causes of action, and draft a useful outline. In small groups, participants evaluate documents, a timeline, and an elements chart to determine topics for questioning. Faculty provide immediate suggestions. Last, we preview the tasks of all parties’ lawyers at deposition, to help participants learn to think ahead as they plan to take or defend. In this workshop, participants will learn how to: Determine gaps in facts, to inquire about at deposition Assess what facts will prove or disprove elements of the cause of action Use a timeline and elements chart to plan organized deposition questions Determine what documents relate to the deposition inquiry Create a workable deposition outline Plan questions about elements of foundation for documents and testimony Anticipate proper objections and how to respond to them 1241819078 http://www.trialruninc.com/tat/trial-advocacy-training/preparing-yourself-to-take-or-defend-a-fact-witness-deposition 2009-05-08T16:44:38-05:00 2009-05-08T16:44:38-05:00 plainblack Good witness preparation is essential to a good deposition outcome. In this program, we discuss the goals and techniques of fact witness preparation, such as explaining the deposition process, putting the witness at ease, instructing how to assess and respond to questions, and covering how to interact with opposing counsel. In small breakout groups, participants practice witness preparation and receive immediate faculty critique. Other topics for instruction and practice in this workshop include preparing a witness for questions about documents, and observing ethical rules during witness preparation. Accordingly, participants will learn how to: Assess the witness Describe the deposition process Prep witnesses about responses to questions Teach witnesses about the role of, and interaction with, opposing counsel Select documents for preparation Teach witnesses about questioning on documents Role-play anticipated lines of questioning Ethically prep a witness versus coach the witness what to say 1241819022 http://www.trialruninc.com/tat/trial-advocacy-training/preparing-the-fact-witness-for-deposition 2009-05-08T16:43:42-05:00 2009-05-08T16:43:42-05:00 plainblack Our goals include helping participants achieve a basic level of competency, as well as confidence in their performance. This workshop teaches, and gives participants practice in, all essential aspects of an effective deposition. Participants will learn how to: Begin a deposition and handle important preliminary matters Question efficiently on the relevant background of a witness Gather information thoroughly and methodically, using the funnel and closing-off techniques Listen carefully to answers and follow-up Question effectively with documents Obtain admissions that support case theory Create a clear record Deal with obstreperous opposing counsel Identify and handle ethical and privilege issues 1241818996 http://www.trialruninc.com/tat/trial-advocacy-training/basic-deposition-practice 2009-05-08T16:43:16-05:00 2009-05-08T16:43:16-05:00 plainblack This program is for lawyers who have taken depositions but want to hone their skills for working with more complex cases and difficult witnesses. Class discussions and faculty demonstrations are followed by role-plays of depositions as participants try out their techniques. Participants will learn how to: Prepare and execute a strategic plan of deposition Get answers from uncooperative witnesses Obtain admissions that provide a strong basis for cross-examination at trial Plan how to get admissions to use for summary judgment and settlement Manage examinations in document-heavy cases Examine and defend a witness on privileged or other protected matters 1241818972 http://www.trialruninc.com/tat/trial-advocacy-training/advanced-deposition-practice 2009-05-08T16:42:52-05:00 2009-05-08T16:42:52-05:00 plainblack The guts of a case lie in the witness examinations. This program helps lawyers learn and refine many techniques of winning examinations. We can gear the teaching tolawyers of various levels of experience. Depending upon participant experience, we use case files ranging from fact-based lay witnesses through advanced corporate executive witnesses. Participants role-play examinations and receive faculty critique,learning to craft lines of direct that tell the story without leading, in an interesting and persuasive way. On cross, participants control the witness and reveal bias and witness frailties. Participants will learn how to: Use proper forms of questions Organize exams for maximum persuasive impact Showcase the witness and her story on direct Control the witness on cross Impeach with prior inconsistent statements, reputation evidence, and other methods Examine appropriately with documents Exhibit persuasive courtroom style and demeanor 1241818947 http://www.trialruninc.com/tat/trial-advocacy-training/direct-examination-cross-examination-and-impeachment 2009-05-08T16:42:27-05:00 2009-05-08T16:42:27-05:00 plainblack In this half-day workshop, we address ethical dilemmas that typically face litigators as they prepare a case and conduct a trial. We present the ethical problems in faculty role-play vignettes. Participants then debate what ethics rules apply and how to handle these sticky situations. These vignettes may include: interviewing former and current employees of the client; preparing the overly cooperative witness who seeks to please counsel; handling the witness who finds new documents or remembers new facts late in discovery; prepping the witness who wants to know how to testify favorably for the client; and dealing with the client who gives directions to counsel that are against the client’s own interest. Participants will learn how to: Be prepared to spot and address potential ethics breaches Apply ethical rules using proper standards and judgments Know how to investigate and assess potential problems Provide proper advice and take further action if necessary 1241818913 http://www.trialruninc.com/tat/trial-advocacy-training/ethical-issues-facing-litigators 2009-05-08T16:41:53-05:00 2009-05-08T16:41:53-05:00 plainblack Making and responding to objections during witness examinations is one of the most difficult, yet important tasks, of the litigator. Lawyers can struggle with: How do I quickly identify which rule of evidence applies? How do I state the objection effectively to preserve the record? What do I argue to get a favorable ruling on my objection? If I’m a lawyer for the other party, how do I respond so as to get the judge to agree with me? Our interactive workshop on Evidentiary Objections not only answers these questions but also helps make the skill of objecting become second nature. We include drills in which each participant states the correct objection and basis in response to testimony we provide. Participants then view demonstrations and film excerpts of simulated direct and cross examinations, both at deposition and trial. As the evidence unfolds, participants spot and make the evidentiary objections and articulate the basis for the objections, while others argue the response. The workshop also can include examination vignettes of expert witnesses, used to teach rules specific to expert objections, including Daubert and Kumho Tire issues. Participants will learn how to: Identify the rules of evidence that apply to particular testimony Understand strategic pros and cons of making objections State correct objections and argue them persuasively Respond to objections rapidly with effective counter-argument Know when to make an offer of proof 1241818886 http://www.trialruninc.com/tat/trial-advocacy-training/evidentiary-objections 2009-05-08T16:41:26-05:00 2009-05-08T16:41:26-05:00 plainblack Skillful use of documentary evidence during witness examinations can create “ah-ha” moments for a winning case. In this learn-by-doing program for attorneys of all experience levels, each participant has opportunities to lay foundation for and offer documents in evidence in a mock trial setting and to use documents for questioning in a deposition setting. Faculty members also discuss the five elements of foundation: Best Evidence (or the Original Document Rule), Authentication, Relevance, Privilege, and Hearsay. Participants also learn about the process of using documents with a witness and options to display documents at trial. Objections to the alleged inadequacy of the foundation are made by faculty and other participants, and the offering attorney must respond with appropriate reference to the Federal Rules of Evidence.Participants will learn how to: Take preparatory steps before showing documents to witnesses Lay proper foundations for documents Make sound, strategic objections Get documents into evidence Obtain useful testimony about documents Select the right documents for examination Use documents in different ways during trial 1241818858 http://www.trialruninc.com/tat/trial-advocacy-training/exhibits-foundation-and-examination 2009-05-08T16:40:58-05:00 2009-05-08T16:40:58-05:00 plainblack This half-day class targets the preparation and use of exhibits for trial. Using a blend of interactive discussion, examples, and small group exercises, we address effective demonstrative exhibits and how to use them in the courtroom. This class is offered alone or in conjunction with another half-day program. Participants will learn to: Identify issues appropriate for exhibits and understand evidentiary issues Work with graphic artists or internal software to achieve persuasive design Simplify and highlight key points Use exhibits to examine both lay and expert witnesses Use exhibits during opening statement and closing argument Deal with opposing counsel’s exhibits 1241818831 http://www.trialruninc.com/tat/trial-advocacy-training/exhibits-making-visuals-work 2009-05-08T16:40:31-05:00 2009-05-08T16:40:31-05:00 plainblack Expert witnesses can be challenging, both in manner and as to subject matter. But, the attorney’s job is to make the witness credible but likeable, and her testimony understandable, even as opposing counsel aims to undo any good impressions. In our series of workshops on expert witnesses, we teach the art and science of dealing with experts, while participants put it all into practice. Any of the following programs can be offered singly or in combination with others in the series. 1241818808 http://www.trialruninc.com/tat/trial-advocacy-training/expert-witness-examination 2009-05-08T16:40:08-05:00 2009-05-08T16:40:08-05:00 plainblack This overview “jump starts” lawyers about to work with expert witnesses. In three engaging hours loaded with tips and information, we teach: Finding, guiding and preparing the expert witness Direct examination of the expert witness Cross examination of the expert witness Participants will learn how to: Avoid tainting the witness Prevent work product disclosure Have the expert educate you Organize trial exams Help the expert appear credible and personable Employ various strategies for effective cross 1241818781 http://www.trialruninc.com/tat/trial-advocacy-training/experts-a-power-packed-overview 2009-05-08T16:39:41-05:00 2009-05-08T16:39:41-05:00 plainblack This full-day workshop is loaded with tips to position any attorney to get what she wants from the opposing party’s expert. Our faculty uses blended-learning techniques such as interactive lecture, visual aids, faculty demonstrations, small group work based upon a simulated case file, on-the-spot faculty commentary during small group sessions, and class discussion. Participants will learn how to: Use different strategies to learn about the expert Organize topics for deposition Develop questions about Daubert/Kumho Tire challenges Prepare lines of questioning about possible biases Target nine topics of questions about the expert’s report Anticipate and prepare for objections Plan strategies for document examination 1241818705 http://www.trialruninc.com/tat/trial-advocacy-training/preparing-yourself-to-take-or-defend-an-expert-witness-deposition 2009-05-08T16:38:25-05:00 2009-05-08T16:38:25-05:00 plainblack This one-day program alternates between interactive lecture and role-play simulations that enable participants to practice preparing an expert for deposition. We focus upon goals, areas, and techniques involved in effective preparation. Participants role-play a prep session about one key line of questioning and receive immediate faculty comments. We also address Daubert/Kumho Tirechallenges, delving into multiple factors relevant to reliability, and more. Participants then practice preparing their expert to testify on reliability issues. Participants will learn how to: Prepare the expert for questions about his report and about reliability Train the expert to substitute or translate technical language Raise witness awareness about troublesome or misleading questions Prepare the expert for questions on rejected alternative methodologies or data Address whether to protect or reveal other engagements Prepare rather than coach the witness Anticipate issues for the company expert 1241818515 http://www.trialruninc.com/tat/trial-advocacy-training/prepaing-the-expert-witness-for-deposition 2009-05-08T16:35:15-05:00 2009-05-08T16:35:15-05:00 plainblack Like the one-day course Preparing the Expert Witness for Deposition (live link), this workshop involves interaction and participant practice in preparing their witness. Similar topics are covered in both programs, but here we also focus upon the particular issues that arise in IP cases. Therefore, this workshop also includes how to anticipate and prepare an expert for questions about: affirmative burdens of infringement and damages; invalidity of patent or suit, including obviousness; fraud on the Patent Office and equitable estoppel; and more. In addition to the learning objectives for Preparing the Expert Witness for Deposition, participants will learn how to: Help the witness simplify IP concepts and facts Teach the expert to teach the jury Use demonstrative aids, analogy, and other techniques to make testimony understandable 1241818488 http://www.trialruninc.com/tat/trial-advocacy-training/preparing-the-intellectual-property-expert-witness-for-deposition 2009-05-08T16:34:48-05:00 2009-05-08T16:34:48-05:00 plainblack This workshop provides participants plenty of opportunity to practice both taking and defending expert witness depositions. Faculty offer tips and demonstrations concerning the major areas of questioning: the expert’s report; pre-trial challenges; biases; and the opposing expert’s opinions, bases, and credibility. We also discuss organizational strategy and techniques for deposing difficult witnesses. Participants role-play deposition taking and defending in two or more break-our sessions per day. When the case file includes experts such as economists, financial, or accounting experts, we have worked with many clients to obtain witnesses from firms that specialize in expert consulting. We offer this program in: a two-day session; or, on day one of a program that features trial examinations of the same experts on day two. Participants will learn for expert depositions how to: Question the expert about his report Question about Daubert/Kumho Tire issues Get the expert to substitute or translate technical language Question about alternative methodologies or data Explore areas of bias Keep control of the witness If defending, pose strategic questions to clarify or rehabilitate 1241818437 http://www.trialruninc.com/tat/trial-advocacy-training/expert-witness-deposition-practice 2009-05-08T16:33:57-05:00 2009-05-08T16:33:57-05:00 plainblack This workshop helps lawyers make expert exams “play” to a jury. Whether examining the client’s expert or crossing the opposing expert, participants role-play and learn to build – or demolish – understandable, credible, personable testimony. We offer this program in: a two-day session; or, on day two of a program that features deposition examinations of the same experts on day one. Participants will learn how to: Conduct expert direct examination at trial, including Having the expert teach others and use trial aids Helping the expert to use simple words and common analogies Fronting cross examination questions about biases or methodology Conduct expert cross examination, at trial, including: Employing techniques to show bias Emphasizing weakness in opinions and bases Committing the expert to treatises or prior opinions that contradict testimony 1241818408 http://www.trialruninc.com/tat/trial-advocacy-training/examining-the-expert-witness-at-trial 2009-05-08T16:33:28-05:00 2009-05-08T16:33:28-05:00 plainblack How does the jury view the credibility of a female expert witness? How does a male attorney get female jurors on his side? How does a female attorney minimize belittling comments by a judge? How do men and women become power litigators that turn gender differences to advantage in the courtroom? Every player in the courtroom has behaviors or biases based upon gender that might influence a case’s outcome. This program is designed to help men and women alike be better advocates, by recognizing and impacting gender dynamics. To teach these concepts, we use a provocative combination of group discussion, film clips, class exercises, and learn-by-doing exercises with critique. Participants will learn how to manage gender stereotypes to: Present openings and closings that use power, emotion, and storytelling Maintain credibility and interest in witness examinations To gauge the jury impact of different styles, such as aggression, deference, and more Help witnesses breach the gender gap to achieve credibility and be likeable Maintain credibility before the court Capture a jury’s attention and approval 1241818377 http://www.trialruninc.com/tat/trial-advocacy-training/gender-in-advocacy-behaviors-biases-and-solutions-for-a-winning-case 2009-05-08T16:32:57-05:00 2009-05-08T16:32:57-05:00 plainblack Impeachment or credibility challenges take many forms, including the use of deposition testimony, examination of character and conduct, or strategic structuring of a cross examination. Techniques can rely upon testimony alone or in conjunction with documentary evidence. Our teaching includes lecture, film clips, faculty demonstration, and “on your feet” exercises in which participants employ these strategies as they conduct portions of direct and cross examination. For this one-day class, we use a very short case file with deposition transcripts and exhibits. Participants will learn to: Identify and prepare for impeachment opportunities Impeach with deposition testimony, including delivering the classic impeachment formula and doing impeachment by omission Observe applicable rules of evidence Work with documentary evidence Control wary or difficult witnesses On the opposing side, rehabilitate impeached witnesses 1241818331 http://www.trialruninc.com/tat/trial-advocacy-training/impeachment-and-rehabilitation 2009-05-08T16:32:11-05:00 2009-05-08T16:32:11-05:00 plainblack In-house counsel face several difficulties that outside counsel do not. In this workshop, we lead and guide discussions among these lawyers as, collectively, we identify issues and suggest solutions for these common but tricky problems. Discussions may involve the following topics or other issues brought up by the group. The sole client for in-house counsel is the corporation, so she cannot afford to alienate that client. In-house counsel are often respected as having informed judgment, so they may well be drawn into business discussions and decisions which may take them outside the attorney-client relationship. In-house counsel are frequently directed to conduct inside investigations of corporate problems, which puts them in contact with employees who mistakenly believe that the in-house lawyer also represents the employee. In such investigations, the employee may be entitled to warnings, like “Miranda warnings,” to prevent misunderstandings; but those same warnings may make the employee uncooperative. In this era of intense scrutiny of corporate decisions and board perquisites, the in-house lawyer must always remember who his client is and where his loyalties must lie. These sessions are conducted primarily in brainstorming groups and workshops. 1241818300 http://www.trialruninc.com/tat/trial-advocacy-training/in-house-lawyers-special-issues-in-client-representation 2009-05-08T16:31:40-05:00 2009-05-08T16:31:40-05:00