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An Introduction: 9 Core Skills For Winning Advocacy

An Introduction: 9 Core Skills For Winning Advocacy

Practice individual skills that need to be in the trial lawyer's aresenal Your presentation rests on your choice of words, voice, body language, listening and delivery. This series provides practice exercises to help ensure that all of these fac..

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Bias

Bias

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

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Form of the Question

Form of the Question

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

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Omission

Omission

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 farther than t..

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Options for Controlling a Difficult Witness

Options for Controlling a Difficult Witness

Techniques for dealing with witnesses Different techniques available to rein in a difficult witness on cross examination Time: 10:48..

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Control

Control

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

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Ethics Issues That Arise in Defending Depositions

Ethics Issues That Arise in Defending Depositions

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). Make the witness's testimon..

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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

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 taking discovery from a cur..

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Finding Cause

Finding Cause

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 Time: 9:29..

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Raising Objections, Going too Far

Raising Objections, Going too Far

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. Time: 18:01..

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Using Videos

Using Videos

Advantages of video for presenting witnesses by video even if they are available to attend the trial A large screen in the courtroom is an effective way to present testimony on direct examination as jurors are comfortable with video. Video chang..

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Laying a Foundation for E-mail Exhibits

Laying a Foundation for E-mail Exhibits

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 and original d..

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Preparing to Defend a Videotaped Deposition

Preparing to Defend a Videotaped Deposition

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. Time: 13:28..

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