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Trial Practice


Learn while you’re on the go. Listen to the Trial Practice Committee’s audio recordings on this archive page.


Double Edges of Corporate Designee Depositions: Civil Rule 30(b)(6)
This program will provide a review and update on Civil Rule 30(b)(6) and its many uses. Panelists will focus on various opportunities for successful use versus situations to potentially avoid.  Additionally, panelists will provide an update on recent court decisions discussing the process from misusing the notice through the deposition. (49:46 min.)

New Challenges: Discovery & Pretrial Tips—Cryptocurrency & Fintech Litigation
Every day it seems as though there is a new development in the cryptocurrency or fintech world. Whether it's the price of bitcoin, the sudden rise of NFTs, or a new technology that is going to revolutionize the banking industry, cryptocurrency and fintech are fast becoming a central part of the economy. As these innovations continue, litigation has begun to follow. Beyond the novel legal issues courts will need to confront, litigations in this field will present new and unique discovery challenges for courts and practitioners, including the identification of custodians in the world of anonymous trading and smart contracts, and dealing with document collection from constantly changing platforms. This Roundtable provides perspectives from both the bench and the bar about how to create a smooth discovery process and prepare to tackle these new challenges. (54:52 min.)

Mediation: In the Land of Zoom
Virtual Mediation: What are the overall trends and conditions. Also, what remains the same and how has video conferencing with the lack of physical presence changed the process. (1:00:44 hr)

Sound Advice

Eliminating Racist or Offensive Catch Phrases and Other Vernacular—In Front of a Jury or Otherwise
By Erick Howard and John Hutchins – January 20, 2021
In a period of racial reckoning in America, lawyers are motivated to action, but words still very much matter. Lawyers should be leaders when it comes to language. Erick Howard and John Hutchins expose racially charged language that is commonplace in our culture, and implore lawyers and everyone else to avoid it.

How Litigators Can Leverage Public Relations
By Beth T. Chambers and Claire Papanastasiou – April 21, 2020
Learning how to leverage litigation matters in the court of public opinion requires a sound public relations strategy. Join longtime law firm communications professionals, Beth Chambers and Claire Papanastasiou, for pointers on how litigators can reach key internal and external audiences via a smart communications plan.

Tried and True Tips for Trying Timed Trials
By Blanca Young – December 20, 2019
In this Sound Advice, Blanca Young offers practical tips for trying cases in which the judge had imposed time limits for trial.

Examining a Witness' Non-Verbal Communication
By Chris A. Meyers – March 28, 2019
In this segment, you will learn how to prepare your witness to produce strong nonverbal cues, positive body language, and to thrive under cross-examination.

Cross-Examining the Economic Damages Expert
By Christopher Ruhland and Nathan McClellan – March 28, 2019
In this podcast, Christopher Ruhland and Nathan McClellan discuss two strategies for cross-examining an economic damages expert at trial.

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