Agenda / Content Covered

10:00 am to 5:00 pm Eastern Standard Time

1. Questioning Tactics (and Pitfalls) Every Litigator Needs to Know
   10:00 - 10:30, Daniel Torrens
   
   1. Top 10 Tactics That Should be in Every Litigator's Arsenal
   2. Applying Psychology in Your Questioning Strategy
   3. Common Questioning Mistakes That Can Hurt Your Case
2. Deposition Questioning Techniques: Obtaining the Information and Testimony You Need
   10:30 - 11:15, Glenn A. Duhl
   
   1. Questioning Techniques, Wording, Question Structure, Order, etc.
   2. Lines of Questioning
   3. Obtaining Crucial Information and Eliciting Concessions
   4. Drawing Out the Evidence You Need to Get Testimony Excluded
   5. Setting Up Later Trial Impeachment
   6. Dealing with Objections and Obstructionist Tactics by Opposing Counsel
3. Voir Dire: Questions and Strategies to Uncover Hidden Biases
   11:30 - 12:15, Glenn A. Duhl
   
   1. Juror Questionnaires, Research and Prep
   2. Boundaries and Limits on Questions - Rules and Judge's Preferences
   3. Questioning Potential Jurors - Styles and Techniques
   4. Eliciting Biases and Laying the Groundwork for Cause Strikes
   5. Identifying Their Best Jurors Without Unmasking Your Own
   6. Getting Honest Answers to Tough Questions
   7. Planting Your Own Ideas & Persuading Through Voir Dire Questions
   8. Observing Juror Reactions - Verbal and Nonverbal
4. Foundational Questions: Getting Exhibits and Testimony Admitted Into Evidence
   12:15 - 1:00, Jan I. Berlage
   
   1. Proper Lay and Expert Opinions
   2. Qualifying the Expert Witness
   3. Direct Examination: Solidifying Your Story and Witness Credibility
   4. Laying a Foundation for Documentary Evidence
   5. Social Media Posts, Texts, Emails and More: Sample Foundation Questions/Scripts
   6. Physical, Demonstrative and Illustrative Evidence
5. Making Objections and Preparing Your Witnesses to Avoid Traps
   1:30 - 2:00, Glenn A. Duhl
   
   1. Preparing Witnesses for Tricky Questions
   2. Tips for Preparing Difficult Witnesses
   3. Defending Depositions and Making Objections
   4. Objecting to Testimony at Trial
6. Cross-Examination: Eliciting Favorable Admissions and Undercutting Harmful Testimony
   2:00 - 2:45, Jan I. Berlage
   
   1. Questioning Tips and Tactics for Cross-Examination
   2. Gaining (and Maintaining) Control
   3. Setting Up the Witness
   4. Forcing the Witness to Answer Questions Harmful to an Adversary's Case
   5. Destructive Cross-Examination - Destroying Credibility
   6. Words and Questions That Can Backfire
   7. Knowing When to Stop Asking Questions
7. Questioning Experts and Difficult or Special Witnesses
   2:45 - 3:15, Jan I. Berlage
   
   1. Strategically Questioning an Expert Witness
   2. Exposing Expert Bias and Lack of Qualifications
   3. Types of Difficult Witnesses and the Tactics They Use
   4. Cross-Examining Difficult Witnesses
   5. Controlling the Runaway or Explaining Witness
   6. Questioning Children and Other Special Witnesses
8. Lies, Evasion and Omissions: Exposing and Dealing with Deception
   3:30 - 4:00, Daniel Torrens
   
   1. Detecting Lies and Deception: Tips From a Seasoned Trial Attorney
   2. Identifying Micro-Expressions and Ignoring False Cues
   3. Confronting Lying Behavior
   4. Dealing with the Lying or Evasive Witness
   5. Questioning Strategies to Draw Out Honest Answers
9. Legal Ethics
   4:00 - 5:00, Daniel Torrens
   
   1. Preparing vs. Improperly Coaching Witnesses
   2. Advocacy vs. Misrepresentation: Applying ABA Model Rules
   3. When Aggressive Litigation Tactics Cross the Ethical Line
   4. Juror Investigation and Communication
      1. Competence and Diligence
      2. Avoiding Jury Tampering
   5. Legal Ethics of Social Media and Data Mining

Accreditation Details:

JAN I. BERLAGE is a partner with Gohn Hankey & Berlage LLP. His practice focuses on general business litigation, ranging from commercial disputes to bankruptcy to intellectual property. Mr. Berlage has extensive experience in trials, arbitrations, mediations, and administrative hearings, including arguments before the Maryland Court of Appeals and the U.S. Court of Appeals for the Third and Fourth circuits. He has secured major jury verdicts and large settlements for both businesses and individuals, as well as successfully defended against multimillion dollar claims in both state and federal court. Prior to private practice, Mr. Berlage served as law clerk to the Honorable E. Stephen Derby, U.S. Bankruptcy Court for the District of Maryland. He has taught pretrial litigation practice at the University of Maryland School of Law, served on the Board of Governors for the Maryland State Bar Association, and the U.S. Commission on Civil Rights, Maryland State Action Committee. Mr. Berlage is a fellow of both the American and Maryland State bar foundations, presents regularly at CLE courses, and has been the chair of numerous committees at both the national and state level. He earned his B.A. degree, with honors and Phi Beta Kappa, from Wesleyan University and his J.D. degree from the University of Virginia School of Law, where he served as executive editor of The Journal of Law & Politics.

GLENN A. DUHL is a principal in Zangari Cohn Cuthbertson Duhl & Grello P.C., representing management in employment law and litigation. He is an aggressive, experienced litigator who zealously represents his clients in trials before federal and state court judges, juries, and administrative and arbitration proceedings. Representative matters include breach of contract, wrongful termination, discrimination, defamation, trade secret misappropriation, restrictive covenants, wage and hour, harassment, and class action defense. Mr. Duhl also advises clients on litigation-avoidance strategies and techniques in complex and highly sensitive disputes. He was chosen for inclusion in The Best Lawyers in America; selected by his peers as a Connecticut and New England Super Lawyer in the areas of employment litigation defense, employment & labor law and civil litigation defense; and earned an Avvo Rating of 10.0 out of 10.0. For the following ABA - Bloomberg/BNA publications, Mr. Duhl is the Connecticut chapter author of Wage and Hour Laws - A State-by-State Survey, associate editor of Age Discrimination in Employment Law, and contributing author of The Fair Labor Standards Act, The Family and Medical Leave Act, and Tortious Interference in the Employment Context. Mr. Duhl frequently speaks on various employment law and litigation topics. He previously served as an adjunct professor in moot court and trial advocacy at UCONN Law School, and taught advanced employment law at the University of Hartford. Mr. Duhl is licensed in Connecticut, New York, Massachusetts and Louisiana. He earned his B.A. degree from Wesleyan University and his J.D. degree from Tulane Law School.

DANIEL TORRENS is an attorney with Portmeirion Law Offices in Phoenix, where he practices in the areas of personal injury litigation, alternative dispute resolution, and commercial litigation. Mr. Torrens lectures nationally in the areas of contracts, personal injury, and trial advocacy. He is a faculty member of the Arizona College of Trial Advocacy and a graduate of the State Bar of Arizona's CLE Institute. Mr. Torrens is a member of the State Bar of Arizona and the Colorado Bar Association. He is a member of the American Board of Trial Advocates and is a judge pro tem with the Maricopa County Superior Court. Mr. Torrens earned his B.A. degree from Arizona State University and his J.D. degree from the University of Nebraska.