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Audio CD + Course Book

Advanced Trial Tactics

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • ID CLE - 6.00
From Event: Advanced Trial Tactics, held December 2017.

Program Description

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!

Course Content

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

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 ID - Credit Approval Expiration 12/18/2019 *

* denotes specialty credits

Agenda / Content Covered

    9:00 - 10:00, Joseph C. Miller
    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
    10:15 - 11:15, Dr. Richard A. Hearn
    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
    11:15 - 12:15, Keely E. Duke
    1. Advanced 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
    1:15 - 2:15, John R. Kormanik
    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
    2:30 - 3:30, Sam Johnson
    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
    3:30 - 4:30, Matthew T. Christensen
    1. Rules of Professional Conduct
    2. Handling Highly-Prejudicial Evidence
    3. Talking to Witnesses Before They Testify
    4. Identifying and Avoiding Conflicts of Interest
    5. Interactions with Jurors
    6. Candor Toward the Tribunal

MATTHEW T. CHRISTENSEN is a member at the law firm of Angstman Johnson, where he has a civil litigation practice involving commercial law (finance and secured transactions), bankruptcy, real property and business matters. He also has a transactional practice involving real estate, finance and business matters, including franchising. Mr. Christensen frequently represents bankruptcy trustees and other fiduciaries in recovering assets and administering estates. Mr. Christensen is also an adjunct professor at the University of Idaho College of Law, where he teaches international trade/business, real estate transactions and law practice management courses. He is a member of the Idaho State Bar and received his B.A. degree from Brigham Young University, and his J.D. and LL.M. degrees from Duke University School of Law.

KEELY E. DUKE is a founder of Duke Scanlan Hall PLLC, where she has dedicated her career in the law to defending companies, employers and individuals in complex business litigation and in medical malpractice, legal malpractice, employment, insurance bad faith and product liability/medical device litigation. Ms. Duke is a member of the Idaho State Bar, the American Bar Association and the Oregon State Bar. She received her J.D. degree from Willamette University College of Law in Salem, Oregon, and her B.A. degree from Carroll College in Helena, Montana.

DR. RICHARD A. HEARN, M.D., is with Hearn Law PLC, where he uses his 20 plus years of experience practicing medicine to benefit his clients. He obtained a personal injury judgment in excess of 5.4 million dollars in 2009, which is still one of the largest personal injury judgments in Idaho. Dr. Hearn has successfully prosecuted personal injury, wrongful death, medical malpractice, wrongful termination, class action and products liability cases in both federal and state courts. He has also defended health care providers and corporations prosecuted criminally. Dr. Hearn received his J.D. degree, magna cum laude, from Georgetown Law in Washington D.C.

SAM JOHNSON is the senior partner and lead trial attorney for Johnson & Monteleone, L.L.P., where he practices in the areas of personal injury, employment law, civil litigation, commercial/contractual disputes and workers' compensation. Mr. Johnson is a member of the Idaho Trial Lawyers Association, the Idaho State Bar, and the Third and Fourth District bar associations. He also is admitted to the Ninth Circuit Court of Appeals. He earned his B.S. and J.D. degrees from the University of Idaho College of Law.

JOHN R. KORMANIK is a founding partner of Kormanik & Sneed, LLP. He focuses his practice almost exclusively on criminal defense. Prior to entering private practice, Mr. Kormanik served as a law clerk for the Honorable Darrel R. Perry of the Idaho Court of Appeals and as a deputy attorney general for the state of Idaho in the Natural Resources Division. He is a member of the Idaho Trial Lawyers Association, the American Association for Justice, the Idaho Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers. Mr. Kormanik earned his B.S. degree at the University of Redlands and his J.D. degree, magna cum laude, at California Western Law School.

JOSEPH C. MILLER is a partner with Mauk Miller & Hawkins, PLLC, where he practices in the areas of criminal defense and personal injury. He has been an active member of both the Idaho Trial Lawyers Association (ITLA) and the Idaho Association of Criminal Defense Lawyers. Mr. Miller received his B.A. degree from Boise State University and his J.D. degree from the University of Idaho College of Law.

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


Accreditation Details:

Continuing Legal Education

ID CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.

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How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702