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Live Seminar

Advanced Trial Tactics

Seminar

Date:

Wednesday, March 28, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78238ER

Location:

Fairfield Inn & Suites Columbus Polaris

9000 Worthington Road

Westerville, OH 43082

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • OH CLE - 6.00

Program Description

Sophisticated Courtroom Strategies for Experienced and Aspiring Trial Attorneys

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? Join our panel of seasoned trial lawyers for an engaging day of learning and tactics exchange and take your courtroom presentation skills to the next level of excellence. Register today!

  • Explore the most effective approaches to case theme development and information organization to help in your trial preparation efforts.
  • Masterfully use openers and direct examination to inoculate jurors against the opponent's major arguments.
  • Choose the right form of exhibit for each key piece of evidence and enhance the visual experience to facilitate comprehension, evoke emotion, and help memory.
  • Use powerful summation strategies to distill the maelstrom of information into juror understanding and acquiescence.
  • Make the best use of video-recorded testimony to refresh witness recollection, demonstrate inconsistencies and impeach experts.
  • Review and analyze sample transcripts to learn from others' mistakes and successes.
  • Share your own courtroom experiences and gain valuable insights from your colleagues' courtroom strategies.

Who Should Attend

This advanced level seminar is designed for trial attorneys and litigation support professionals.

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: 6.00


* denotes specialty credits

Agenda / Content Covered

  1. VOIR DIRE AND JURY SELECTION STRATEGIES
    9:00 - 10:10, Keith E. Golden
    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
    10:25 - 11:35, Terry V. Hummel
    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 REDIRECT - FOCUS ON EXPERTS AND EVIDENCE
    12:35 - 1:45, Robert C. Mitchell
    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
  4. EFFECTIVE EXHIBITS AND COURTROOM TECHNOLOGY
    1:45 - 2:55, Sarah Benoit
    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
    3:10 - 4:10, Andrew W. Owen
    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
    4:10 - 4:30, All Faculty Members
    1. Handling Surprises at Trial - What to do When Unfavorable Facts Surface
    2. Lessons Learned From Experience - Share Your Trial Tips and Techniques

SARAH BENOIT is of counsel with Ulmer & Berne LLP, where she is a business litigator with a successful track record of representing clients in cases involving transportation, general liability, insurance defense, professional liability, catastrophic injuries, insurance matters, and premises liability. Ms. Benoit has represented a multitude of clients ranging from trucking companies and their drivers, companies and their officers in business disputes, steel mills, architects, transportation companies, factories, and insurance companies. She is a member of the State Bar of Michigan, and the Pennsylvania and Ohio State bar associations. Ms. Benoit received her B.A. degree from The Ohio State University and her J.D. degree from The University of Toledo School of Law.

KEITH E. GOLDEN is the managing partner of Golden & Meizlish Co., LPA. His main areas of practice include business and corporate law, family law, real estate, civil litigation, and personal injury. Mr. Golden is admitted to practice in Ohio, and before the U.S. Supreme Court; U.S. Court of Appeals; U.S. District Court, Northern and Southern districts of Ohio; and U.S. District Court, Eastern and Western districts of Michigan. He is a member of the Columbus and Ohio State bar associations, and the Central Ohio Association for Justice. Mr. Golden earned his B.S. degree from Ohio State University and his J.D. degree from Capital University Law School.

TERRY V. HUMMEL is an attorney with the law firm of Scott W. Schiff & Associates. He has been an attorney for more than 35 years and focuses his practice in the area of plaintiff's personal injury. Mr. Hummel's practice and experience has involved thousands of personal injury and death claims in state and federal courts throughout Ohio and neighboring states, including Michigan, Indiana, Pennsylvania, and West Virginia. He is a member of the Central Ohio Association for Justice, the Ohio Association for Justice, and the Ohio State and Columbus bar associations. He is a frequent lecturer for National Business Institute seminars. Mr. Hummel earned his B.A. and J.D. degrees from Capital University.

ROBERT C. MITCHELL is a partner with Ulmer & Berne LLP. His practice focuses on product liability defense. Mr. Mitchell has extensive experience in the management of toxic tort litigation on a national basis for a Fortune 100 client and he also handles insurance coverage litigation on behalf of policyholders. He is admitted to Ohio and Illinois and admitted to the U.S. Court of Appeals for the Third, Fifth, Sixth, Seventh, Ninth, and Tenth circuits; U.S. District Court, Northern District Illinois; U.S. District Court, Northern District Ohio; and U.S. District Court, Southern District Illinois. He is a member of the American Bar Association, the Ohio State Bar Association (Standing Committee on Insurance Law), the Defense Research Institute, the American Chemistry Council Tort Litigation Group, Ohio Alliance for Civil Justice, and its Litigation Task Force. Mr. Mitchell received his B.A. degree from Denison University and his J.D. degree from the University of Cincinnati College of Law.

ANDREW W. OWEN is a partner with Ulmer & Berne LLP. He is an experienced litigator whose practice focuses on the representation of clients in the commercial mortgage-backed securities industry, with particular emphasis on default administration for corporate trustees, and master and special servicers of commercial mortgage securitized trusts. Mr. Owen also has a vigorous practice in all aspects of complex business disputes, including business torts, breach of contract and warranty, toxic tort and product liability defense, and unfair trade practices and non-competition agreements. He is a member of local, state and national bar associations, a fellow in the Ohio State Bar Foundation, a member of the Ohio Association of Civil Trial Attorneys, and a past chair of the Young Lawyers Section of the Ohio State Bar Association. Mr. Owen earned his B.A. degree, with honors, from the University of Virginia and his J.D. degree from the George Washington University Law School.

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

Accreditation Details:

Continuing Legal Education

OH CLE: 6.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 0.0 hour of attorney professional conduct instruction.


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