Criminal Defense Trial Strategies A-Z

Agenda / Content Covered

1. Preparing for Trial and Developing Your Case Theme
   10:00 - 10:30, Cynthia E. Everson
2. Voir Dire and Jury Selection Strategies
   10:30 - 11:30, Brian H. Bieber
   1. Preparing for Voir Dire: Overall Strategy and Research
   2. Structuring Your Introduction
   3. Effective Questioning Techniques: Ferreting Out Subtle Bias
   4. Peremptory and for-Cause Challenge Tactics
   5. Top 10 Voir Dire Mistakes to Avoid
3. Delivering a Powerful Opening Statement
   11:45 - 12:30, Brian H. Bieber
   1. Overall Structure and Introduction
   2. Conveying Your Theme and Theory
   3. Event Sequence and Evidence
   4. Addressing Weaknesses
   5. High-Impact Presentation Techniques
   6. What NOT to Do During Your Opening
4. Direct Examination Strategies - Lay Witnesses
   12:30 - 1:15, Joel Hirschhorn
   1. Overall Witness Strategy and Relationship to Case Theme
   2. Sequencing Questions for Different Types of Non-Expert Witnesses
   3. Preparing Yourself and Your Witnesses
   4. Anticipating Areas of Cross-Examination
   5. Phrasing Questions Effectively
   6. Listening and Following Up
   7. Style, Posture, Objections, and Use of Exhibits and Diagrams
5. Cross-Examination Strategies - Lay Witnesses
   1:45 - 2:30, Joel Hirschhorn
   1. Identifying Goals and Devising Your Plan
   2. To Cross or Not to Cross?
   3. Structuring Destructive Cross-Examinations
   4. How to Not Drop the Ball When Impeaching
   5. Phrasing Questions Effectively
   6. When to Stop Asking Questions
6. Preparing for Expert Witness Battles
   2:30 - 3:15, Cynthia E. Everson
   1. 1. Knowing When to Retain Which Expert
      2. Attacking (and Demonstrating) Qualifications and Reliability
      3. Preparing Experts and Structuring Direct Examination
      4. Cross-Examination Strategies and Questioning Lines
7. Effective Closing Argument Techniques
   3:30 - 4:00, Cynthia E. Everson
   1. Goals and Organization
   2. Arguing Your Story, Addressing Weaknesses, and Attacking
   3. Style and Presentation Tips
   4. Concluding
   5. Getting Creative and Bold: Lessons From History
8. Legal Ethics
   4:00 - 5:00, Cynthia E. Everson
   1. Decision-Making and Authority Issues
   2. Working With Clients Who Have Diminished Capacity
   3. Landmines in Witness Preparation
   4. Handling Client Lies, Omissions, and Misrepresentations
   5. Confidentiality Issues for Criminal Lawyers

Accreditation Details:

Brian H Bieber is a shareholder with the Miami law firm of GrayRobinson, P.A. He is engaged in criminal and civil white collar defense litigation (both high profile and extremely confidential) for corporate executives, prominent clients, ordinary citizens, as well as small, midsized and major multimillion-dollar businesses, in all federal and state courts at the trial and appellate levels. Mr. Bieber concentrates on the defense of fraud in the areas of banking, bankruptcy, computer, environmental health care, insurance, mail, mortgage, pharmaceutical, real estate, tax, wire, and other types. Additionally, he defends clients charged with violations of the Foreign Corrupt Practices Act ("FCPA"), money laundering and “RICO” statutes, regulatory matters, and Native American and gaming laws. Mr. Bieber represents individuals and corporations involved in grand jury investigations. He has successfully represented, by way of dismissals before trial, and acquittals by juries, numerous clients charged with serious criminal activity who were facing lengthy prison sentences if convicted. Mr. Bieber is a member of the Florida Association of Criminal Defense Lawyers; the National Association of Criminal Defense Lawyers; is a fellow of the American Board of Criminal Lawyers; The Florida Bar (Criminal Law Section); and New York State, District of Columbia and Dade County bar associations. He is admitted to practice before the U.S. Supreme Court; and the 2nd, 3rd, 4th, 5th, 6th, 8th, 9th and 11th Circuit courts of Appeal. Mr. Bieber has successfully challenged, by way of appeal, Florida law enforcement's ability to collect DNA samples from convicted felons who are no longer being supervised by the state. He has been featured numerous times in the Miami Herald, Sun-Sentinel, Palm Beach Post, Ocala Star Banner, and other daily newspapers across the country. Mr. Bieber has also been featured in the New York Times, Wall Street Journal, National Law Journal, and various national, as well as international publications. He has appeared on CNN, Dateline, Good Morning America, Telemundo, 48 Hours, FOX News Channel, as well as other radio and television appearances throughout the U.S. and internationally. Mr. Bieber earned his B.S. degree from Rutgers University and his J.D. degree from the University of Miami School of Law.

Cynthia E Everson is an attorney at Everson Law Firm PLLC, where she provides private representation for federal and state criminal and civil matters, with an emphasis on indigent representation. She has defended people accused of gun crimes in both state and federal court, and has litigated issues related to the right to possess (and carry) firearms, as well as property issues related to retrieving firearms that were seized by law enforcement. Ms. Everson is an adjunct writing instructor at Rowan Cabarrus Community College in Concord, North Carolina, and has been teaching there for two years. She earned her B.A. degree from Gardner Webb University, her M.A. degree from the University of North Carolina-Charlotte, and her J.D. degree, magna cum laude, from the Charlotte School of Law.

 

Joel Hirschhorn is a shareholder in the Miami office of GrayRobinson, P.A. Mr. Hirschhorn is considered one of America's most prominent criminal defense trial attorneys. He has been named to Best Lawyers in America for 37 consecutive years. Mr. Hirschhorn focuses his practice on the criminal and civil white collar defense of corporations and business executives, as well as elected public officials and private individuals accused of alleged criminal misconduct. He received his B.A. degree from the University of Connecticut and his J.D. degree from the University of Wisconsin Law School. Mr. Hirschhorn is a fellow of the American Board of Criminal Lawyers (president, 2003). He is a past president of the Wisconsin State Bar Non-Resident Lawyer Division; a life fellow of the Wisconsin Law Foundation; served as a board member on the National Association of Criminal Defense Lawyers and for three years on the Wisconsin Bar Board of Governors. Mr. Hirschhorn is also a fellow of the International Academy of Trial Lawyers and the Litigation Counsel of America. In addition, he also holds memberships in the International Who's Who of Business Crime Lawyers, the American Bar Association, the Dade County Bar Association, the First Amendment Lawyers Association (a founder and past president), and the Florida Association of Criminal Defense Lawyers. Mr. Hirschhorn is admitted to The Florida Bar, the Wisconsin State Bar, the U.S. Court of Appeals (all circuits except the District of Columbia), and the U.S. Supreme Court.