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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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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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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

Time: 17:54 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 ..

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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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Deposition Testimony,  Objections that can lead to sanctions

Deposition Testimony, Objections that can lead to sanctions

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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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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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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