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An Introduction: 9 Core Skills For Winning Advocacy

An Introduction: 9 Core Skills For Winning Advocacy

Time: 4:08 Overview of this series: Practice exercises hone the individual skills important to successful advocacy: Choice of words, voice, body language, listening, and delivery...

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Bias

Bias

Time: 9:32 Establishing the Expert's Bias: Exploiting expert's one-sidedness, highlighting lack of qualifications, using expert's argumentative language, previewing judge's instructions..

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Options for Controlling a Difficult Witness

Options for Controlling a Difficult Witness

Time: 10:48 When the witness wants to work against you: Repeat, refocus, confront and other techniques available to rein in a difficult witness on cross examination..

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Control with Well-Crafted Questions

Control with Well-Crafted Questions

Time 9:17 Keeping a Hostile Witness on Track: Mechanics, yes/no answers, judge intercession, gestures and body language, incrementalizing..

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Ethics Issues That Arise in Defending Depositions

Ethics Issues That Arise in Defending Depositions

Time: 17:52 Areas of risk in overstepping ethical bounds: Duties of the lawyer in preparing witnesses for deposition; distinguishing between preparation (which is appropriate) and coaching or influencing testimony (which is not)...

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Ending the Opening Statement

Ending the Opening Statement

How to end the opening statement in an effective, persuasive and unobjectionable manner Coming back to your theme and theory in your ending; common phrases that tip off the jury you are about to end; how to avoid objections in ending you..

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Ethics Issues That Arise In Taking Depositions

Ethics Issues That Arise In Taking Depositions

Time: 21:40 Precautions for direct examination: Limitations on interviewing current or former employees of an opposing party,. compensating fact witnesses for their time spent in preparing for or giving depositions; cautions about access to soci..

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Finding Cause

Finding Cause

Time: 9:29 Dealing with Juror Experience on Case-specific Issues: Trying to lead a juror down the path to a for-cause challenge; the danger of going too far..

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Form of the Question

Form of the Question

Time: 12:52 Framing the question on direct exam: The rationale and techniques for asking open-ended questions on direct exam..

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Omission

Omission

Time: 8:27 Opposing Witness: Impeach the Statement at Trial with an Omission in an Earlier Statement: Use the three elements -- commitment, skepticism, and crediting the prior statement -- to take full advantage when the trial testimony goes fa..

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Raising Objections, Going too Far

Raising Objections, Going too Far

Time: 18:01 Avoid patterns of objections that might cause a judge to impose sanctions: The rules prohibit objections to legitimate questions or objections that coach the witness...

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Using Videos

Using Videos

Time: 17:23 Advantages of video for presenting witnesses by video even if they are available to attend the trial: Video changes the pace of trial; makes the trial lawyer's task at trial easier. Methods for making video more useful and interes..

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Laying a Foundation for E-mail Exhibits

Laying a Foundation for E-mail Exhibits

Time: 16:25 Special Considerations in Laying a Foundation for E-Mail Chains: How to deal with e-mail chains in laying a foundation with a witness who is only one of the parties who created the chain; methods for authentication; meeting hearsay o..

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Preparing to Defend a Videotaped Deposition

Preparing to Defend a Videotaped Deposition

Time: 13:28 Protect your witness from video mistakes. How to check the video setup so your witness is not disadvantaged and prepare your witness for the special conditions of a video deposition...

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