Trial Practice

Audio

Roundtables

Evolving Wisdom on Jury Selection

December 2018: The evolution of jury selection profiles, and how current events are influencing juror decision making. Are attitudes and experiences more indicative of juror leanings than basic demographics? Tips for voir dire on identifying the most problematic jurors without exposing favorable jurors.

This presentation by Ron Beaton, Senior VP of Trial Behavior Consulting is moderated by Laura Lin of Munger Tolles & Olson, LLP. Ron spends the majority of his time in court, and has assisted in selecting over 400 juries.

Sound Advice

The Importance of a Diverse Trial Team
By Amy Rudd and Ashley Carr – December 2, 2018
Trial lawyers discuss the growing body of evidence demonstrating that diversity creates success - and why practitioners should diversify their trial teams and jury for better trial performance.

Preparing for Direct Examination
By Matthew F. Davis and Jacob R. Kirkham – May 16, 2018
Potter Anderson & Corroon litigators Matthew Davis and Jacob Kirkham discuss planning, practicing, and performing direct examinations at trial.

Trial Strategy – Using Judgements as a Matter of Law
By Oderah Nwaeze – February 28, 2018
Duane Morris litigator Oderah Nwaeze discusses how to effectively use judgments as a matter of law both before and during trial.

Rules of Evidence: Trial Prep Crash Course
Reuben Guttman, an adjunct professor at Emory Law School, a partner in the firm of Guttman, Buschner & Brooks, PLLC, and a faculty member of the National Institute of Trial Advocacy, provides a crash course of some essential Rules of Evidence necessary to investigate, prepare for, and try a case.

Heading to Trial: A Checklist for Your Team
Practical tips and reminders as you head into trial helping you successfully execute your plan. This Sound Advice is broken down into three manageable sections.

Impeaching and Refreshing Recollection by Using Depositions at Trial
Potter Anderson litigators reenact some of the best strategies for using depositions at trial to help your clients.

Employee Inventor—Fact Witness or Expert Witness?
Two Goodwin Procter attorneys explain the many factors involved when deciding how to best use an employee who also happens to be the inventor in a patent case.

In re: Kellogg Brown and Root Inc., et al
Sometimes cases are memorable not so much for case law itself but rather the rulings made within the case. Jeff Gardner explains.

Rule of Completeness
Tony Zeuli explains that despite its seemingly straightforward definition, Rule 106 features many elements that attorneys should consider, especially during discovery.

Authentication of Social Media at Trial
As the use of social media continues to grow, so does its importance as evidence. Somers Price outlines some best practices to help with this ever-changing world.

Testimony by Deposition
Veteran litigator Mike Williams discusses three strategic issues involved in using deposition transcripts in court proceedings.

Ethical Considerations When Representing Multiple Parties
While having multiple clients in one case may seem like a financial windfall, what appears to be a good deal could present a situation where both the clients and the lawyer are limited by the choice.

Practical Tips for Success as a Young Lawyer
Donnie Winningham breaks advice into four categories that all trial lawyers are sure to understand.

Cultivating Juror Voir Dire Responses
Connecting with jurors strengthens your case. Learn effective use of voir dire from jury consultant Cynthia Cohen.

Tips on How to Best Prepare for Trial
Although there are no perfect ways to prepare for trial, experience has taught some tactics that are more effective than others. Listen as longtime litigator and teacher Lisa Marcy shares her strategies for preparing for a trial.

Attorney Fees and Federal Rule 68 Offers of Judgment
One of the ways to avoid litigation is through the use of Federal Rule 68. Although the rule is not widely used, listen to John Pinney describe how it operates and what you should consider when drafting or responding to such an offer. (14:43 min.)

Multidistrict Litigation Process
If you are involved in a multidistrict litigation case it may seem overwhelming—but fear not. Listen as veteran litigator Greg Cook explains the process and rules regarding the Multidistrict Litigation Panel (MDL Panel). (8:12 min.)

12 Sure Ways to Lose Trials
Every day, lawyers sabotage their own cases at trial for a wide array of reasons. Learn what pitfalls to dodge as Judge Ruben Castillo shares his insights from the bench. (8:57 min.)

How to Enhance Your Expert Witnesses’ Effectiveness
Listen as economist and veteran expert witness Debra Aron outlines five tips to ensure your experts’ successful testimony at depositions and trials. (8:38 min.)

Best Practices for Pretrial Discovery and the Use of Experts
Joe Hanna gives tips on conducting pretrial discovery and using experts to help give you the advantage. (09:10 min.)

Jury Selection—Have Some Faith
Lucia Coyoca describes her experiences with juries in complex business litigation cases. (10:23 min.)

Courtroom Credibility, Courtroom Demeanor, and the Importance of an Apology<
What you learn in law school only prepares you for a fraction of what a case can throw at you. Bob Clifford shares his experience on winning cases through more than just the law. (10:39 min.)

ABA’s Guidelines for Juries and Jury Trials
Listen as DePaul University Law Professor Stephan Landsman discusses the importance of the ABA’s Guidelines for Juries and Jury Trials. (12:28 min.)

What Judges Want
There are many tactics to win in court, but one of the simplest and most effective is to just make the judge happy. Listen as Judge Mark Drummond outlines 10 ways to help the judge deliver the victory your client wants.

Tips to Get a Judge to Rule in Your Favor, Part 2
Listen to Judge Jeffrey Cole, U.S. District Court Judge for the Northern District of Illinois as he gives tips on how to make it easier for a judge to rule in your favor by following these common sense rules.

Tips to Get a Judge to Rule in Your Favor, Part 1
Listen to Judge Jeffrey Cole, U.S. District Court Judge for the Northern District of Illinois as he gives tips on how to make it easier for a judge to rule in your favor by following these common sense rules.

Jury Persuasion in a Diverse and Fast-Paced World
Listen to Greenberg Traurig Shareholder, Raymond B. Kim as he guides the listener through the art of jury persuasion in our diverse and fast-paced world. Always present a compelling story to jurors that includes visual aids. Be sure to pay close attention to each juror and his or her uniqueness. Lead jurors to your conclusion using clear language without wasting jurors’ valuable time.

The Art of Impeachment
Listen to Penny White, Director of the Center for the Advocacy & Dispute Resolution at the University of Tennessee College of Law, as she covers the topic of impeachment and the very careful strategic planning it requires along with the knowledge of substantive and procedural rules.  Penny also focuses on the important questions that need to be asked about whether or not to impeach, and if the decision is made to impeach, how to go about with the process.

Creating a New Culture of Civility in the Courtroom
Listen as United States District Judge John Koeltl of the Southern District of New York makes the case for civility among lawyers, both before and during trial, as a way of not only making the practice of law more satisfying for lawyers, but also less costly for clients, and more focused for judges and juries. Judge Koeltl, a member of the Judicial Conference Committee on Rules of Practice and Procedure, and a former partner in the New York firm of Debevoise & Plimpton, applies rules of civility to pre-trial behavior, written motions and briefs, as well as trial tactics, to drive home his plea for the development of a new culture of civility in our American courts.

Direct Examination
Hear Dean JoAnne Epps talk about direct examination and the importance of having a purpose, considering your audience and connecting to the proof.

Powerful Speech
JoAnne A. Epps
Temple University Beasley School of Law
Philadelphia, PA

Effective Trial Themes
Linda Listrom
Chicago, IL

The Do's and Don'ts in Court
A brief description of best practices in court from the judge's perspective. (9:07 min.)

How to Effectively Interview a Fact Witness
Robert L. Rothman
Arnall Golden Gregory LLP
Atlanta, GA

Secrets of Opening Statements
Paul Mark Sandler
Shapiro Sher Guinot & Sandler
Baltimore, MD