Audio CD + Course Book

Advanced Trial Tactics

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:


Audio + Course Book

Credit Information

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From Event: Advanced Trial Tactics, held April 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

Credit Hrs State Credit Approval Expiration
CLE 7.20 NJ 11/15/2018
CLE 7.00 NY * 04/20/2020
CLE 6.00 PA 04/20/2020

* denotes specialty credits

Agenda / Content Covered

    9:00 - 10:00, Julian E. Neiser
    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 - 11:30, Julian E. Neiser
    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, Gregory H. Teufel
    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, Ray F. Middleman
    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 - 4:05, Ray F. Middleman
    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
    4:05 - 4:30, Ray F. Middleman, Julian E. Neiser and Gregory H. Teufel
    1. Handling Surprises at Trial - What to do When Unfavorable Facts Surface
    2. Lessons Learned From Experience - Share Your Trial Tips and Techniques

RAY F. MIDDLEMAN is a Member in the office of Eckert Seamans Cherin & Mellott, LLC. He is a litigation attorney whose areas of practice include commercial and civil litigation. Mr. Middleman represents clients in trademark, products liability, medical and psychiatric malpractice defense, business torts, and civil litigation. He also represents several insurance carriers and has extensive experience in the area of transportation litigation, including matters before the Public Utility Commission. He is a member of the Allegheny County and American bar associations, and the Pennsylvania Defense Institute. Mr. Middleman earned his B.A. degree from Cornell University and his J.D. degree from Duquesne University School of Law.

JULIAN E. NEISER is a commercial and construction trial attorney with Spilman Thomas & Battle, PLLC. He has extensive experience in litigation, contract negotiations, and alternative dispute resolution. Mr. Neiser also is a mediator and serves as outside general counsel to corporations. Mr. Neiser is a regular contributor to national business and legal publications on topics such as electronic discovery, construction law, and trial work. He also is an officer and council member of the Allegheny County Bar Association Construction Law Section and a committee member of the Local Rules Committee. He previously was a litigation attorney with Meyer, Unkovic & Scott, Tucker Arensberg, and McGuireWoods and served as the general counsel of The Rhodes Group, an international construction claims consulting company. He earned his undergraduate degree from the University of Pittsburgh and his law degree from Duquesne University School of Law, where he currently serves as an adjunct professor of trial advocacy.

GREGORY H. TEUFEL is the founder and managing member of OGC Law, LLC, a Pittsburgh law firm. He focuses his practice on outside general counsel work and commercial litigation. Mr. Teufel's broad base of experience includes drafting and negotiating a wide variety of commercial agreements on a regular basis that frequently include indemnification, competition, and confidentiality provisions of various types. He frequently handles breach of contract litigation matters as well. Mr. Teufel is a member of the Allegheny County, West Virginia and Pennsylvania bar associations. He earned his B.S. degree, magna cum laude, from Kings College and his J.D. degree, cum laude, from the University of Michigan 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


Accreditation Details:

Continuing Legal Education

NJ CLE: 7.20 Credit Approval Exp
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 0.0 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.

NY CLE: 7.00 Credit Approval Exp
Includes - Skills: 7.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 7.0 hours can be applied to the Skills requirement and is approved for experienced attorneys.

PA CLE: 6.00 Credit Approval Exp
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 6.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.

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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