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

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

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.

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.

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

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.

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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.

Effective information gathering requires proficiency in a series of complex skills. The lawyer must be an incisive, probing and expansive questioner while simultaneously remaining an active and perceptive listener. This program teaches these intricate skills through lecture, interactive exercises and media clips. We demonstrate a useful construct for comprehensive yet focused questioning. We discuss how to identify and resolve the many known witness inhibitors that can stand in the way. Perceptions, assumptions, language, and self censorship can also hamper the interviewer’s effectiveness. Awareness of these issues can significantly improve the quality of information obtained. Participants will learn how to: Become aware of how an interviewer’s biases and different perspectives might limit full information gathering Use active listening techniques to identify important factual, cultural and emotional nuances in the witness interview Follow-up with the witness to explore areas suggested by those nuances Improve communication with a witness, to obtain more complete information and have a more cooperative witness

Mediation is one of the most effective Alternative Dispute Resolution tools. In this program, we explain the mediation process, discuss what mediators do, and teach techniques to get the right result for the client. This workshop simulates a real mediation. Using a short case file, Trial Run faculty act as mediators and participants represent their clients. Critiques follow the presentations. Lawyers will learn how to: Help clients identify interests not just positions Select a mediator Prepare the client for mediation Prepare the statement in joint session Appreciate how mediation advocacy differs from trial advocacy Present the client’s interests to the mediator and the opposition

Many cases are resolved upon pre-trial dispositive motion, and motion practice permeates other aspects of the case from discovery through trial. We offer skills development in both oral and written motion practice to help lawyers hone these important skills.

This one-day class helps lawyers about to argue their first motion as well as more experienced lawyers who want to hone their skills. We teach the fundamentals via a blend of lecture, film clips, and group exercises that focus on physical style, organization, expressing themes, discussing cases, and responding to the court and opposing counsel. For the remainder of the class, participants break into small groups, in which each associate gives a brief oral argument and receives immediate constructive comments. Each participantargues twice, once for a plaintiff and once for a defendant. Argument is based upon one of several short fact patterns applicable to a typical motion, such as forum non conveniens, leave to file late, or a simple motion to dismiss. Participants will learn, in the context of motion practice, to: Capture attention at oral argument Identify and express a persuasive theme Use body language and voice to their advantage Respond to the court’s questions Refute opposing arguments Overcome nervousness

Many lawyers can benefit from help with brief writing, in the areas of organization, critical analysis, concision, precision, and persuasion. Instruction on polishing skills for drafting persuasive briefs in support of motions is offered in several formats: • Within the one-day oral motions class: written critique of short briefs on the oral argument topic, which participants draft in advance. •During a second day of the oral motions class: class instruction and exercises plus written critique of short briefs on the oral argument topic, which participants draft in advance. •As a free-standing program: class instruction, exercises and critique of individual briefs, in a program without a segment on oral argument. At the client’s option, the class can involvea drafting assignment of a brief for which case law and a fact pattern are provided, or, actual briefs written by each participant can be critiqued and discussed. Participants will learn how to: Organize arguments logically Analyze law and facts Discuss cases selectively Craft persuasive fact statements Write organized, persuasive, well-grounded paragraphs Self-edit to achieve concise and precise writing

Every lawyer must negotiate. Whether the negotiation concerns a discovery matter or a settlement, an attorney must understand what negotiation techniques to use or to counter with, and how to achieve the best for her client. In this learning-by-doing program, we teach and demonstrate the basic tenets of effective negotiation, and then critique and counsel participants as they apply that material in negotiation simulations. In this program, we incorporate years of experience and information about what makes negotiators tick and how to succeed. Participants will learn to: Identify what you or the client wants Set short term goals/ long term goals Understand and work with negotiation parameters such as positions versus interests, BATNA, reservation value, target value, and common goals Identify what information must be gathered Size up the situation by researching matters such as the number and relationship of parties, costs and benefits to delay, will the negotiation affect future negotiations/linkages, strategies Claim and create value in the negotiation

There is no more rewarding aspect of trial advocacy than persuading a finder of fact to resolve a case in your favor. All trial lawyers dream of presenting the well crafted opening statement and delivering the eloquent closing argument which wins the case. Our one day workshop gives lawyers of all skill levels the opportunity to enhance their abilities to give great openings and closings. The morning session is devoted to the opening statement. After a lecture and demonstration by an experienced Trial Run lawyer, participants deliver opening statement vignettes. Lawyers will learn to: Seize the moment at the outset Be a story teller Use visual aids in opening Use language that is simple yet persuasive Employ the 10 rules for effective openings The afternoon session devoted to closing argument follows a similar format. Lawyers will learn to : Argue the facts and inferences Use trial exhibits, demonstrative aids and the trial transcript Address burden of proof issues Tie together the facts in a positive way Anticipate or address opposition arguments Use evocative language that persuades the fact finder

The ability to persuade at trial is an art that lawyers can learn. We break down the elements of persuasion, and then dissect how advocates incorporate those elements to present a winning case. We draw upon examples from real cases to generate lively discussion aboutwhat worked – or not. In this workshop, we focus on jury speeches, especially closing and rebuttal, the theme and story presented on direct examination, and cross-examination to reduce the witness’s credibility.  Participants use a realistic case file to practice examinations and jury speeches and to identify attractive and persuasive themes. Participants will learn how to: Understand the classic elements of persuasion Weave those elements into case strategy Incorporate those elements in witness examination and jury speeches

We offer learn-by-doing deposition training for summer associates as a great way to demonstrate a firm’s commitment to training and to instill a passion for litigation work. Trial Run Inc. finds that summer associates are very interested in learn-by-doing training in deposition skills, and in presentation on other aspects of pre-trial and trial advocacy.  We use a simple but realistic learn-by-doing case file, supplemented by brief lectures on the basic skills of taking, defending, and organizing depositions, plus how to use depositions at trial, in motions practice, and settlement.  In this program, summer associates will learn how to: Appreciate their role in deposition preparation as crucial to the end game Think “on their feet” as they practice taking and defending depositions Understand the importance of careful discovery in successful litigation Spot issues concerning documents, testimonial evidence, and discovery gaps Ask basic open-ended questions and make objections

The key feature of any trial training program is, of course, the trial itself. Most simulated trials we teach – whether bench or jury – last one full day. Participant lawyers stay “in role” throughout as they portray the counsel at trial. Trial Run’s teachers, sometimes along with senior attorneys, serve as judge and jurors and provide critique for a superior learning experience. Just as important as the trial day are the “building block” training sessions that precede it. We target many topics: strategy, themes and proof; evidence; direct and cross examination; openings and closings; exhibits; experts; and more. Multi-day trial programs include segments on those topics, culminating in the trial day. Or, we can provide the segments on separately-scheduled days prior to the trial day. Our program topics include:

The first forays into the trial courtroom can be daunting; this one- or two-day workshop provides basic skills and instills a comfort level for attorneys learning about this experience. At this level, we use case files with few witnesses, minimal documents, and only one or two causes of action, so participants can concentrate on learning the skills rather than learning the file. In lectures and demonstrations, faculty teach the basic steps to conducting each portion of a trial. We alternate the information sessions with small break-out groups in which participants apply what they learned as they role-play trial tasks and receive immediate constructive critique from faculty. In this program, participants will learn basic techniques for: Giving a factual yet persuasive and thematic opening statement Eliciting testimony and offering documents within the rules of evidence Direct examination featuring the witness who tells a story Cross examination using leading questions to confirm building-block admissions Making strong and sound objections Delivering persuasive closing arguments and rebuttal that tie the facts and law together

This program builds upon Basic Trial Advocacy by focusing upon strategy, technique, and handling challenging witnesses, counsel, and judges. Again, faculty deliver informational tips and provide demonstrations before participants break into small groups to role-play trial work, as faculty critique. Participants will learn how to: Cull extraneous facts, theories and documents in order to focus upon trial theory Employ storytelling and rhetorical techniques for effective opening statements Enhance persuasion on direct examination by using vocal emphasis, strategic words, and questioning techniques such as re-play and detail Control a witness on cross using selective technique for the particular witness type Heighten the impact of documentary evidence upon a jury Object with the jury in mind Preserve the record for appeal

Trying a case to a judge or hearing officer requires a different advocacy style than is needed for passionate appeals to a jury. In this program, attorneys have the opportunity to conduct examinations and deliver arguments to the bench in numerous short exercises, practicing a more restrained and controlled delivery that focuses on logic and the applicable law.  Our faculty, acting as judges, provide constructive critique. Participants then have an opportunity to practice again to incorporate lessons learned. Then the attorney has the opportunity to review videotape and perform again in front of the faculty.  In programs of sufficient length, a half-day or full-day bench trial may be included, to pull together all the lessons learned. Participants will learn to: Conduct tight witness examinations Interpret cues from the bench Deliver opening statements and closing argument persuasively yet concisely Cope with difficult rulings and courtroom behavior Speak and act with power and authority

We will prepare and teach a multi-year curriculum to develop your litigators, that iscustomized to your needs. Following is an example of typical programming. We recommend a two-day length for most classes. All classes combine lecture, demonstration, interactive discussion, visual aids, and learning-by-doing with immediate critique. Associates in Years 1 and 2 Session 1: Deposition Training Session 2: Motions Advocacy (Oral and Written) Session 3: Trial Evidence: Objections, Evidence, and Foundations Session 4: Case Analysis and Direct Examination Session 5: Cross Examination and Impeachment Session 6: Introduction to Expert Examination Associates in Years 3 and 4 Session 1: Negotiation and Mediation Skills Session 2: Advanced Depositions Session 3: Expert Depositions Session 4: Trial Team, Case, and Client Management Session 5: Oral Advocacy Skills for Bench and Jury Associates in Years 5 and 6 Session 1: Advanced Trial Advocacy: Expert Direct and Cross in a Complex Case Session 2: Appellate Advocacy Skills Session 3: Counseling the Client Skills Session 4: Advanced Graphic Evidence and Focus Groups

This one-day interactive lecture program is specifically designed for attorneys in the first few years of practice.  The goal is to educate them in the trial process and the relationships among the various trial components. As we provide context and practice tips for each step, we invite active participation by the young lawyers as we discuss the goals, strengths, and weaknesses of each aspect of trial in the effort to present a persuasive case. The topics are: Motions in limine The trial notebook Jury speeches Direct examination Cross-examination and impeachment Exhibits Expert direct examination Expert cross-examination (Daubert and traditional cross)

What responsibilities fall to the lawyer who takes the helm of a trial team? That lawyer’s job is to get the best result for the client. That goal can’t be reached, though, without trial team management skills that help the manager: ensure the team functions optimally; resolve problems with team members or issues with the client; and encourage the best work while helping each member advance skills. We help lawyers achieve these management skills by learning: task delegation; task supervision; team building; work critiquing; decision-making; and client counseling. Participants engage in learning-by-doing exercises, in which they alternately role-play team leaders, team members, or clients. Role-play critiques plus guided discussions help participants internalize and execute their new skills. Participants will learn how to: Lead the team’s direction Organize the team’s work Manage the team’s performance Ensure competent and always improving performance Communicate and manage relationships

Through interactive exercises, multimedia examples and learning-by-doing workshops, the participants explore the fundamentals of witness preparation. We assist lawyers to identify challenges to communication with the witness, such as equivocal language and self-censorship, and suggest techniques to address those challenges. Our faculty teach participants how to prepare a witness for a trial or deposition; they discuss the ethical and legal boundaries of that process; and they help attorneys help their witnesses to put the best foot forward. Participants will learn how to: Address the witness’s needs and concerns Explain the process Prepare the witness for video depositions Learn what to expect from you and opposing counsel Listen to and observe the witness carefully to obtain all information and address all issues Select the best 14 documents to cover with the witness Prep rather than “practice” with the witness Help the witness to resist trick questions about documents

For the litigator, style is – almost – everything. Demeanor at the deposition table, stance in the courtroom, even voice inflection during witness examination, can impact how we are perceived by judge, jurors, and counsel. And, sometimes, women are misperceived. This program looks at specific incidents such as the preparation of the dismissive witness, depositions with demeaning opposing counsel, exchanges with condescending judges, and negotiations with dominating or patronizing opponents. We dissect those interactions to identify and explore whether gender-related biases and behaviors – by all involved – are hampering effective advocacy. Together, we explore ways to avoid that result as we find better ways to respond to these and comparable advocacy situations. Participants will learn how to:

• Recognize the gender landmines that might prevent a lawyer from being heard
• Identify strategies to prevent gender biases from impairing advocacy
  
• Employ powerful yet natural advocacy styles