Have you perfected your process of trial preparation into an art of war? Are you getting all you can out of the opportunities witnesses and opposing counsel let slip during trial? Do your juries leave the courtroom wanting to reach the verdict that you've clearly stated you want? Take your courtroom presentation skills to the next level of excellence with this strategic guide. Order today!

1. Voir Dire/Jury Selection Strategies
2. Opening Statements and Direct Examination
3. Cross-Examination and Direct – Focus on Experts and Evidence
4. Effective Exhibits and Courtroom Technology
5. Summations and Jury Instructions
6. Roundtable Discussion

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. VOIR DIRE AND JURY SELECTION STRATEGIES
   9:00 - 9:45, David Gould
   1. Preparing for Jury Selection – Researching Your “Target Audience”
      (Venue, Juror Pool Demographics, Creating Your “Ideal Juror,” Drafting Surveys/Questionnaires, etc.)
   2. Preparing the Pre-Trial Order
   3. Introducing Your Case During Jury Selection
   4. Bringing to the Surface and Overcoming Juror and Judicial Biases
   5. Reading the Vital Non-Verbal Signals Jurors are Sending
   6. Peremptory and For-Cause Challenge Tactics
2. OPENING STATEMENTS AND DIRECT EXAMINATION
   9:45 - 10:45, Gregory F. Hauser
   1. Maximizing the Impact of Opening Statements
      (Introducing Case Theme and Key Case Parties; Laying out the Sequence of Events; Introducing Supporting and Damaging Evidence; Preparing Judge and Jury to Focus on Specific Elements of Trial Presentation; Opening Techniques That Simply Don't Work, Cutting Out Unnecessary Clutter)
   2. Preparation Tips for Direct Examination
      (Establishing the Main Theme; Organizing the Order of Testimony; Preparing Witnesses; Formulating Effective Questions)
   3. Areas of Direct Examination
      (Specific Approaches to Impeachment, Fact Testimony, Expert Testimony, Causation, Liability, Damages, Foundation, etc.)
   4. Persuasive Witness Testimony – How to:
      1. Develop the Story and Make it Interesting
      2. Integrate a Theme
      3. Adjust to the Specific Audience
      4. Limit the Scope
      5. Handle and Introduce Exhibits
      6. Authenticate Documents
      7. Humanize Your Witness
      8. Anticipate and Neutralize Cross-Examination
   5. Is Interim Commentary Allowed? How to Use it Well
3. CROSS-EXAMINATION AND DIRECT – FOCUS ON EXPERTS AND EVIDENCE
   11:00 - 12:00, David Gould
   1. Advance Uses of Basic Cross-Exam Tools: Bias, Opportunity to Observe, Inconsistency, etc.
   2. Tips for Cross-Examining Difficult Lay Witnesses
   3. Opposing Experts in the Courtroom – Setting Up the Motion to Strike
      1. Timing/Sequence
      2. Phrasing
      3. Detailed Facts
      4. Psychological Components
      5. Advanced Techniques for Getting an Expert Disqualified
   4. Making and Responding to Objections
   5. Relevancy Issues
   6. Addressing Hearsay
   7. Redirect Examination – Taking Advantage of the Often-Overlooked Resource
4. EFFECTIVE EXHIBITS AND COURTROOM TECHNOLOGY
   1:00 - 2:30, Roy W. Breitenbach
   1. Overcoming Fear and Confronting Technology
   2. Preparing for the Digital Trial
      1. Digital Case Storage and Organization
      2. Authentication of Documents
      3. Document/Exhibit Organization
      4. Preparing the Courtroom and Conditioning the Jury
      5. Blending Technology Use Into Your Presentation for Seamless Delivery
   3. Choosing the Right Method and Form of Exhibit
      (Physical vs. Image; Actual vs. Demonstrative; Budget; Setting; Venue; Subject Matter; Order of Proof; Presenter's Style and Preferences; Comfort Level With Technology)
   4. Does Each of Your Exhibits Pass the 8-Point Test?
   5. What Can the Opposing Counsel do With the Evidence I Introduce?
   6. Video Depositions (Prior Testimony)
      1. Advantages and Pitfalls
      2. When to Use
      3. Rules of Completeness
      4. Objections
      5. Fairness
5. SUMMATIONS AND JURY INSTRUCTIONS
   2:45 - 4:00, Roy W. Breitenbach
   1. What to Include
   2. Length and Style Tactics
   3. Use of Pace and Voice Inflection to Emphasize Key Elements
   4. Addressing the Weak Points of the Case
   5. The Verdict Sheet/Jury Instructions – Clearly Asking for What You Want
6. ROUNDTABLE DISCUSSION
   4:00 - 4:30, All Faculty
   1. Handling Surprises at Trial – What to do When Unfavorable Facts Surface
   2. Lessons Learned From Experience – Share Your Trial Tips and Techniques

ROY W. BREITENBACH is a partner with the law firm of Garfunkel Wild, P.C., where he practices in the areas of commercial litigation, real estate and healthcare litigation. He has lectured on his areas of practice for the National Academy of Law, Greater New York Hospital Association, HealthCare Financial Management Association at St. John's University and the Medical Liability Mutual Insurance Corporation. Mr. Breitenbach is an editor for, and has had an article published in, the St. John's Law Review, titled, "Perpich v. United States Department of Defense: Who Controls the Weekend Soldier." He also has written articles published by the Nassau Lawyer. Mr. Breitenbach earned his B.A. degree, summa cum laude, from St. John's University and his J.D. degree, cum laude, from St. John's University. He is a member of the New York State and American bar associations, and the Nassau County Bar. Prior to law school, Mr. Breitenbach worked as a title examiner, clearance officer and claims investigator.

DAVID GOULD is a partner with the law firm of Russo & Toner, LLP, where his main area of practice is negligence. He is a frequent lecturer on negligence to various professional groups and organizations. Mr. Gould is an adjunct professor at City University of New York and Queens College. He earned his B.A. degree from the University of Wisconsin at Madison and his J.D. degree from Pace University. Mr. Gould is a member of the New York State Trial Lawyers Association and the American Bar Association.

GREGORY F. HAUSER is a partner in the New York firm of Wuersch & Gering LLP, where his litigation practice includes domestic and international commercial litigation and arbitration, including product liability defense; intellectual property; insurance coverage; employment; contracts; and business tort matters. Mr. Hauser has written a number of law review articles on various topics, and has lectured on product liability law and the differences between the civil law and common law legal systems. He is admitted to the New York State Bar Association and before more than a dozen federal courts. Mr. Hauser earned his J.D. degree, cum laude, from New York University, where he also served on the Law Review. He also holds B.S. and M.S. degrees from Michigan State University.

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