Agenda / Content Covered

All times are shown in Eastern time.

1. CIVIL PRACTICE AND TRIAL PROCEDURE UPDATE
   10:00- 10:45, Tracy N. Tool
   1. Rules Updates
   2. Significant Rulings and Case Updates
   3. Rethinking Jury Trials: COVID-19 in the Courtroom
   4. Trial Tools: Trending Technology
2. VOIR DIRE AND JURY SELECTION STRATEGIES
   10:45 - 11:45, James M. Susag
   1. Preparing for Jury Selection - Researching Your "Target Audience"
   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. Peremptory and For-Cause Challenge Tactics
   6. Social Media: Jury Selection, Juror Usage, etc.
   7. "Challenges for Cause" in the Jury Selection Process
   8. Jury Instructions
      1. What to Include
      2. Length and Style Tactics
3. OPENING STATEMENTS AND DIRECT EXAMINATION
   12:00 - 1:30, James M. Susag
   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
4. ADVANCED DISCOVERY SKILLS
   2:00 - 2:45, James M. Susag and Tracy N. Tool
   1. E-Discovery
   2. The Use of Social Media as Evidence
   3. Other Important Discovery Issues
5. CROSS-EXAMINATION AND REDIRECT - FOCUS ON EXPERTS AND EVIDENCE
   2:45 - 3:45, Tracy N. Tool
   1. How to Bolster or Attack an Expert's Testimony After Receiving a Daubert Challenge
   2. Advance Uses of Basic Cross-Exam Tools: Bias, Opportunity to Observe, Inconsistency, etc.
   3. Tips for Cross-Examining Difficult Lay Witnesses
   4. 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
   5. Making and Responding to Objections
   6. Relevancy Issues
   7. Addressing Hearsay
   8. Redirect Examination - Taking Advantage of the Often-Overlooked Resource
6. CLOSING ARGUMENT
   4:00 - 5:00, James M. Susag and Tracy N. Tool
   1. What to Include
   2. Length and Style Tactics
   3. Use of Pace and Voice Inflection to Emphasize Key Elements
   4. Addressing Weak Points in Your Case
   5. Clearly Asking for What You Want

Accreditation Details:

JAMES M. SUSAG is a shareholder with Larkin Hoffman Daly & Lindgren, Ltd., in Minneapolis, Minnesota. Since 1995, his commercial and real estate litigation trial practice has focused on franchise; dealer and contract disputes; and real estate, construction, and land use. He has extensive first chair litigation experience representing clients in numerous jury and court trials, domestic and international arbitrations, administrative proceedings, and appeals. Mr. Susag is a member of the Minnesota State, Hennepin County, and Ramsey County bar associations; the American Bar Association's Forum on Franchising; and the International Franchise Association. He is admitted to practice in state and federal courts in Minnesota and Wisconsin, as well as the U.S. Court of Appeals for the 7th, 4th, and 8th circuits. Mr. Susag earned his B.A. degree, summa cum laude, from the University of St. Thomas; and his J.D. degree, summa cum laude, from William Mitchell College of Law.

TRACY N. TOOL is a partner with the law firm of Bye, Goff & Rohde, Ltd., serving Wisconsin and Minnesota. Since 1990, Mr. Tool has focused his practice in the areas of plaintiff's personal injury litigation, nursing home malpractice, wrongful death, employment litigation, and civil rights litigation. He is board certified by the National Board of Trial Advocacy as a civil trial specialist. Mr. Tool earned his B.A. degree from the University of Minnesota and his J.D. degree from the University of Minnesota Law School. He is a member of the St. Croix Valley, Ramsey County, and Hennepin County bar associations; and the Wisconsin Association of Justice.