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| From Event: Advanced Trial Tactics, held October 2011.
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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, Martin E. Kohler - 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 - 11:30, James C. Ratzel - 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
11:30 - 12:45, James C. Ratzel - 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 - 2:30, Thadd J. Llaurado - 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
2:45 - 3:45, Martin E. Kohler - 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
3:45 - 4:30, Martin E. Kohler, James C. Ratzel and Thadd J. Llaurado - 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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MARTIN E. KOHLER is a managing partner in the Milwaukee law firm of Kohler & Hart, LLP. Identified by Newsweek as a prominent criminal defense attorney, he has nearly 30 years of experience as a trial lawyer, overseeing many cases of national scope and significance. Mr. Kohler has tried hundreds of felony cases dealing with homicide, sexual assault, arson, drug conspiracy and white-collar crime. A revered and awarded litigator, he has been quoted in the New York Times, the Wall Street Journal and other prominent publications. He also was recognized as a "Leading Attorney" by Milwaukee Magazine for his outstanding work as a practitioner in his field. Mr. Kohler is an active member of the legal community, shaping educational programs and professional organizations. He is a program coordinator for The Center For Continuing Legal Studies at Marquette University Law School and is a frequent public speaker, appearing at law seminars and law enforcement and training seminars as well. He also is a member of the State Bar Association and the Milwaukee Bar Association, for which he chaired the Criminal Section for eight years. He earned his B.A. degree from the University of Wisconsin and his J.D. degree from Hofstra University. THADD J. LLAURADO is a partner with the Milwaukee law firm of Murphy & Prachthauser and has practiced law with the firm for 25 years. Mr. Llaurado has tried and settled numerous serious personal injury cases including cases caused by defective products, automobile accidents, trucking accidents, construction accidents and other forms of negligent conduct, including complex litigation involving automobile crashworthiness and construction site safety. He has handled cases throughout Wisconsin's courts and has also handled cases in Arkansas, California, Illinois, Indiana, Kentucky, Pennsylvania, Texas and Utah. Mr. Llaurado is an active member of the American Association for Justice, the American Bar Association, the State Bar of Wisconsin, the Wisconsin Association for Justice, the Consumer Attorneys of California and the Milwaukee Bar Association. He earned a Bachelor's degree from Marquette University, graduating magna cum laude, Phi Beta Kappa, Alpha Sigma Nu, Eta Sigma Phi. Mr. Llaurado graduated from Marquette University Law School and was a Thomas More Scholar. He was on the Marquette Law Review as an articles editor. Mr. Llaurado has presented numerous seminars and is the author of "Reducing Rollover Deaths and Injuries," Trial Magazine, American Association for Justice, February 2009. JAMES C. RATZEL is a partner in the law firm of Ratzel & Associates, LLC, where he concentrates in insurance defense litigation. He earned his B.A. degree from Hanover College and his J.D. degree from the University of Toledo. He previously has served as a workers' compensation administrative law judge and as an assistant U.S. attorney with the U.S. Department of Justice. Over his career, he has successfully conducted more than 70 jury trials and has argued before the Wisconsin Supreme Court and the U.S. Court of Appeals. Mr. Ratzel is a frequent speaker to insurance companies and businesses. He is a member of the State Bar of Wisconsin and has previously served on the Board of Directors of the Civil Trial Counsel of Wisconsin.
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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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