Effective Direct & Cross-Examination:
Teaching The Jury Your Case - 2007
Recorded in Los Angeles
April 19, 2007
(includes Handout)
(3 hours MCLE credit, including 0.5 hours "Legal Ethics")

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Focus
Arguably, the most important component of any civil jury trial is the direct and cross-examination of witnesses. During this phase, both sides present their own case and strive to undermine their opponent’s case. While the jury develops initial impressions based on the attorneys’ opening statements, cases are truly won or lost based on the evidence presented during witness examination. Yet, many lawyers fail to adequately prepare themselves and their witnesses for this critical stage of the proceedings.

This program covers the important aspects of witness examination and provides practical tips and techniques for everything from selecting witnesses and creating the all-important order of presentation to dealing with your opponent’s experts by making them play on your field.

HIGHLIGHTS:

DIRECT EXAMINATION - TELLING YOUR CLIENT’S STORY
 •  Selecting witnesses and the order of testimony
 •  Building jury interest in direct examination during your opening statement
 •  Boosting your witness’ credibility with the jury and the court
 •  Weaving your case theme into your examination outline
 •  Avoiding surprises for your witness and you
 •  Calling the opposing party during your case - pros and cons
 •  Introducing exhibits and responding effectively to objections
 •  Handling the worst thing you can hear from your witness - “I don’t remember”
 •  Protecting your witness during cross-examination
 •  When and how to conduct redirect examination
 
CROSS EXAMINATION - CHALLENGING THE OPPONENT’S STORY
 •  Is cross-examination necessary?
 •  Picking key topics to explore
 •  The "golden rules" of cross-examination and their exceptions
 •  When to stop with cross-examination
 •  Techniques to avoid generating jury sympathy for the witness
 •  Eliciting testimony to bolster your closing argument
 •  Effective impeachment techniques
   - highlighting bias and other credibility issues
   - using witness' deposition to minimize damaging trial testimony
 •  Cross-examining experts and how to avoid playing on their field
Panelist
Michael D. Stein -- Tisdale & Nicholson, LLP