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Audio CD + Course Book

Advanced Trial Tactics

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • FL CLE - 7.00
From Event: Advanced Trial Tactics, held March 2018.

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. Roundtable Discussion

Continuing Education Credit

Continuing Legal Education – CLE: 7.00 FL - Credit Approval Expiration 09/28/2019 *

* denotes specialty credits

Agenda / Content Covered

    9:00 - 10:00, Donna M. Goerner
    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
    10:00 - 11:15, William J. Cook
    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
    11:30 - 12:30, Harley S. Herman
    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
    1:30 - 2:45, Scott R. Jeeves
    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
    3:00 - 4:00, Jack Gordon
    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
    4:00 - 4:30, Jack Gordon, Harley S. Herman and Scott R. Jeeves
    1. Handling Surprises at Trial - What to do When Unfavorable Facts Surface
    2. Lessons Learned From Experience - Share Your Trial Tips and Techniques

WILLIAM J. COOK is a trial attorney with the Tampa law firm Barker | Cook. He handles cases involving commercial and employment disputes, as well as administrative law. Mr. Cook has been listed in Florida Super Lawyers for business litigation since 2013. He is a member of the Hillsborough County Bar Association, as well as The Florida Bar (Business Law Section). Mr. Cook also is admitted to practice before the U.S. Court of Appeals, Eleventh Circuit and D.C. Circuit; and the U.S. District Courts for the Northern, Middle and Southern districts of Florida. He is past president of the Rotary Club of Tampa Bay. Mr. Cook earned his undergraduate degree from Virginia Tech and his J.D. degree, with honors, from Stetson University College of Law.

DONNA M. GOERNER is owner of The Law Office of Donna M. Goerner, P.A. Her areas of practice include criminal defense, wills, estate planning, and bankruptcy. Ms. Goerner has been practicing law for nearly 20 years. She served as an assistant state attorney with the Seminole County State Attorney's Office in Sanford, Florida. Ms. Goerner has significant experience in all areas of criminal law, including misdemeanors, such as DUI and domestic violence; and felonies such as murder, robbery and sex offenses. Specifically, she has prosecuted thousands of cases and has tried more than 135 jury trials. Ms. Goerner was also a Felony Division chief, responsible for supervising other attorneys in addition to prosecuting cases. She is licensed in Florida, Pennsylvania and Washington D.C and is admitted to practice before the U.S. Middle District of Florida. Ms. Goerner is a board certified criminal trial attorney in Florida and a Florida Supreme Court certified family mediator. She is a member of the Seminole County Inn of Court, Seminole County Bar Association, and Paul C. Perkins Bar Association. Ms. Goerner earned her B.S. and J.D. degrees from the University of Florida.

JACK GORDON is a highly skilled trial attorney with Maney & Gordon, P.A., where he concentrates his practice in representing individuals who have been injured, and families of relatives who have been killed, as a result of medical malpractice, motor vehicle negligence, and defective products. Mr. Gordon has been profiled among the TopLawyers© in the Bay Area by Tampa Bay Magazine and has twice been selected a Leading Attorney of the Southeastern United States in Forbes magazine. He has been selected for inclusion among Florida’s Legal Elite, and recognized as one of the Top 100 Super Lawyers in the state of Florida and one of the Top 50 Super Lawyers of Tampa Bay. In 2016, Mr. Gordon was named the #1 Medical Malpractice Lawyer by his peers in Tampa Magazine. Four times board certified in civil trial law by The Florida Bar, Mr. Gordon is also certified by The National Board of Trial Advocacy as an expert in both civil trial law and civil pre-trial litigation. Mr. Gordon earned a 2014 and 2015 National Litigator Award and is a lifetime member of The Million Dollar Advocates Forum having achieved multiple seven figure jury verdicts and settlements. Mr. Gordon was honored in Florida Top Verdicts for having obtained the largest award in a lawsuit against a dram shop in 2011 (8.25 million dollars). In 2016, Mr. Gordon was elected to membership in the American Board of Trial Advocates (ABOTA). Mr. Gordon earned his B.A. degree from Tulane University and his J.D. degree from Tulane University School of Law.

HARLEY S. HERMAN practices litigation probate and general civil trial law as a managing partner of Herman and Herman, a Plant City law firm. He has taught estates and trust law at the FAMU College of Law and Business Law; criminal justice at Savannah State University; and numerous CLE courses for lawyers, accountants, and law-related professionals. Mr. Herman continues to mentor young attorneys through The Florida Bar's Lawyer to Lawyer program. In addition to his work in estates, trusts and elder law, Mr. Herman earned his LL.M. degree from Stetson University and his J.D. degree from the University of Florida.

SCOTT R. JEEVES is the president of the Jeeves Law Group, PA, in St. Petersburg, Florida. He is a certified circuit court mediator and admitted to practice in the state courts of Florida, and before the U.S. District Court of the Middle District of Florida and the U.S. Court of Appeals for the Eleventh Circuit. Mr. Jeeves also serves as class counsel in numerous cases both in state and federal court. He handles complex personal injury and medical malpractice actions as lead counsel. Mr. Jeeves earned his B.A. degree from the University of Florida and his J.D. degree from Stetson College of Law. He is a member of the Pinellas County, Hillsborough County and American bar associations; the Tampa Bay Trial Lawyers; and an Eagle member of the Florida Justice Association.

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

FL CLE: 7.00 Credit Approval Exp
Includes - Civil Trial: 7.00, Technology: 1.50
Approved by The Florida Bar, this program may qualify for up to 7.0 general hours of CLER self-study credit including 0.0 hour of self-study ethics credit. Certification: 7.0 - Civil Trial and 1.5 hours of Technology CLER credit.

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