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| From Event: Advanced Trial Tactics, held May 2012.
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Program Description
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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!
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Course Content
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- Voir Dire/Jury Selection Strategies
- Opening Statements and Direct Examination
- Cross-Examination and Redirect – Focus on Experts and Evidence
- Effective Exhibits and Courtroom Technology
- Summations and Jury Instructions
- Roundtable Discussion
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- VOIR DIRE AND JURY SELECTION STRATEGIES
9:00 - 10:00, John E. Dunlap - Preparing for Jury Selection – Researching Your “Target Audience”
(Venue, Juror Pool Demographics, Creating Your “Ideal Juror,” Drafting Surveys/Questionnaires, etc.) - Preparing the Pre-Trial Order
- Introducing Your Case During Jury Selection
- Bringing to the Surface and Overcoming Juror and Judicial Biases
- Reading the Vital Non-Verbal Signals Jurors are Sending
- Peremptory and For-Cause Challenge Tactics
- OPENING STATEMENTS AND DIRECT EXAMINATION
10:15 - 11:45, Jeff Barnett - 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) - Preparation Tips for Direct Examination
(Establishing the Main Theme; Organizing the Order of Testimony; Preparing Witnesses; Formulating Effective Questions) - Areas of Direct Examination
(Specific Approaches to Impeachment, Fact Testimony, Expert Testimony, Causation, Liability, Damages, Foundation, etc.) - Persuasive Witness Testimony – How to:
- Develop the Story and Make it Interesting
- Integrate a Theme
- Adjust to the Specific Audience
- Limit the Scope
- Handle and Introduce Exhibits
- Authenticate Documents
- Humanize Your Witness
- Anticipate and Neutralize Cross-Examination
- Is Interim Commentary Allowed? How to Use it Well
- CROSS-EXAMINATION AND REDIRECT – FOCUS ON EXPERTS AND EVIDENCE
12:45 - 1:45, John E. Dunlap - Advance Uses of Basic Cross-Exam Tools: Bias, Opportunity to Observe, Inconsistency, etc.
- Tips for Cross-Examining Difficult Lay Witnesses
- Opposing Experts in the Courtroom – Setting Up the Motion to Strike
- Timing/Sequence
- Phrasing
- Detailed Facts
- Psychological Components
- Advanced Techniques for Getting an Expert Disqualified
- Making and Responding to Objections
- Relevancy Issues
- Addressing Hearsay
- Redirect Examination – Taking Advantage of the Often-Overlooked Resource
- EFFECTIVE EXHIBITS AND COURTROOM TECHNOLOGY
1:45 - 2:45, Taylor A. Cates - Overcoming Fear and Confronting Technology
- Preparing for the Digital Trial
- Digital Case Storage and Organization
- Authentication of Documents
- Document/Exhibit Organization
- Preparing the Courtroom and Conditioning the Jury
- Blending Technology Use Into Your Presentation for Seamless Delivery
- 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) - Does Each of Your Exhibits Pass the 8-Point Test?
- What Can the Opposing Counsel do With the Evidence I Introduce?
- Video Depositions (Prior Testimony)
- Advantages and Pitfalls
- When to Use
- Rules of Completeness
- Objections
- Fairness
- SUMMATIONS AND JURY INSTRUCTIONS
3:00 - 4:00, Taylor A. Cates - What to Include
- Length and Style Tactics
- Use of Pace and Voice Inflection to Emphasize Key Elements
- Addressing the Weak Points of the Case
- The Verdict Sheet/Jury Instructions – Clearly Asking for What You Want
- ROUNDTABLE DISCUSSION
4:00 - 4:30, All Faculty - Handling Surprises at Trial – What to do When Unfavorable Facts Surface
- Lessons Learned From Experience – Share Your Trial Tips and Techniques
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JEFF BARNETT is a solo practitioner in Memphis, Tennessee, where he practices primarily in the areas of insurance defense and civil litigation. Mr. Barnett received his B.S. degree from the Middle Tennessee State University; and his J.D. degree from the Cecil C. Humphreys School of Law, University of Memphis. He is a member of the Memphis Bar Association, the Defense Research Institute and the Tennessee Bar Association. TAYLOR A. CATES is a member of the Memphis firm of Burch, Porter & Johnson, PLLC. His practice includes an array of litigation matters in both state and federal courts, including commercial litigation, tort claims and real property disputes. Mr. Cates also represents clients in intellectual property matters, including trademark and copyright infringement litigation, and the protection of intellectual property rights. He has been a frequent speaker on intellectual property topics, as well as on developments in media and defamation law. Mr. Cates earned his B.A. degree from the University of Virginia and his J.D. degree from Vanderbilt University School of Law. JOHN E. DUNLAP is a sole practitioner in Memphis, where he is board-certified by the Tennessee Continuing Legal Education and Specialization Commission in consumer bankruptcy. His main areas of practice include bankruptcy, workers' compensation, personal injury, ERISA litigation and Social Security disability. Mr. Dunlap has spoken on consumer bankruptcy and workers' compensation, as well as having spoken for a company called SCES and for the Memphis Bar Association. He earned his B.A. degree from the University of Tennessee at Knoxville and his J.D. degree from the University of Memphis. Mr. Dunlap is a member of the Memphis and American bar associations, as well as the National Association of Consumer Bankruptcy Attorneys.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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