IN Specific

Litigation & Appeals

Live Online

Advanced Trial Tactics in Indiana

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Live Online
6 hours
Kathleen Erickson
Kenneth Allen
Gary Miller
David Conover
With Kathleen M. Erickson from O'Neill McFadden & Willett + 3 others

Wed, Oct 21, 00:00 AM – 00:00 PM

Product ID 102339

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$389

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Overview

Sophisticated Courtroom Strategies for Experienced and Aspiring Trial Attorneys

Have you perfected your process of trial preparation into an art of war? Are you getting all you can out of the opportunities witnesses and opposing counsel let slip during trial? Do your juries leave the courtroom wanting to reach the verdict that you've clearly stated you want? Join seasoned trial lawyers for an engaging day of learning and tactics exchange and take your courtroom presentation skills to the next level of excellence. Register today!

  • Explore the most effective approaches to case theme development and information organization to help in your trial preparation efforts.
  • Masterfully use openers and direct examination to inoculate jurors against the opponent's major arguments.
  • Choose the right form of exhibit for each key piece of evidence and enhance the visual experience to facilitate comprehension, evoke emotion, and help memory.
  • Use powerful summation strategies to distill the maelstrom of information into juror understanding and acquiescence.
  • Make the best use of video-recorded testimony to refresh witness recollection, demonstrate inconsistencies, and impeach experts.
  • Learn from others' mistakes and successes, and get practical strategies for handling surprises in the courtroom.

Abbreviated Agenda

  1. Voir Dire and Jury Selection Strategies
  2. Opening Statements and Direct Examination
  3. Cross-Examination and Redirect - Focus on Experts and Evidence
  4. Effective Exhibits and Courtroom Technology
  5. Handling Surprises at Trial
  6. Summations and Jury Instructions
  7. Trial Ethics

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Product ID 102339

Credit Details

Credits Available
Credit Status Total
Indiana CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Voir Dire and Jury Selection Strategies

    1. Preparing for Jury Selection - Researching Your "Target Audience"
      (Venue, Juror Pool Demographics, Creating Your "Ideal Juror," Drafting Surveys/Questionnaires, etc.)
    2. Preparing the Pre-Trial Order
    3. Introducing Your Case During Jury Selection
    4. Bringing to the Surface and Overcoming Juror and Judicial Biases
    5. Reading the Vital Non-Verbal Signals Jurors are Sending
    6. Peremptory and For-Cause Challenge Tactics
  2. Opening Statements and Direct Examination

    1. Maximizing the Impact of Opening Statements
      (Introducing Case Theme and Key Case Parties; Laying out the Sequence of Events; Introducing Supporting and Damaging Evidence; Preparing Judge and Jury to Focus on Specific Elements of Trial Presentation; Opening Techniques That Simply Don't Work; Cutting Out Unnecessary Clutter)
    2. Preparation Tips for Direct Examination
      (Establishing the Main Theme; Organizing the Order of Testimony; Preparing Witnesses; Formulating Effective Questions)
    3. Areas of Direct Examination
      (Specific Approaches to Impeachment, Fact Testimony, Expert Testimony, Causation, Liability, Damages, Foundation, etc.)
    4. Persuasive Witness Testimony - How to:
      1. Develop the Story and Make it Interesting
      2. Integrate a Theme
      3. Adjust to the Specific Audience
      4. Limit the Scope
      5. Handle and Introduce Exhibits
      6. Authenticate Documents
      7. Humanize Your Witness
      8. Anticipate and Neutralize Cross-Examination
    5. Is Interim Commentary Allowed? How to Use it Well
  3. Cross-Examination and Redirect - Focus on Experts and Evidence

    1. Advanced Uses of Basic Cross-Exam Tools: Bias, Opportunity to Observe, Inconsistency, etc.
    2. Tips for Cross-Examining Difficult Lay Witnesses
    3. Opposing Experts in the Courtroom - Setting Up the Motion to Strike
      1. Timing/Sequence
      2. Phrasing
      3. Detailed Facts
      4. Psychological Components
      5. Advanced Techniques for Getting an Expert Disqualified
    4. Making and Responding to Objections
    5. Relevancy Issues
    6. Addressing Hearsay
    7. Redirect Examination - Taking Advantage of the Often-Overlooked Resource
  4. Effective Exhibits and Courtroom Technology

    1. Overcoming Fear and Confronting Technology
    2. Preparing for the Digital Trial
      1. Digital Case Storage and Organization
      2. Authentication of Documents
      3. Document/Exhibit Organization
      4. Preparing the Courtroom and Conditioning the Jury
      5. Blending Technology Use Into Your Presentation for Seamless Delivery
    3. Choosing the Right Method and Form of Exhibit
      (Physical vs. Image; Actual vs. Demonstrative; Budget; Setting; Venue; Subject Matter; Order of Proof; Presenter's Style and Preferences; Comfort Level With Technology)
    4. Does Each of Your Exhibits Pass the 8-Point Test?
    5. What Can the Opposing Counsel do With the Evidence I Introduce?
    6. Video Depositions (Prior Testimony)
      1. Advantages and Pitfalls
      2. When to Use
      3. Rules of Completeness
      4. Objections
      5. Fairness
  5. Handling Surprises at Trial

  6. Summations and Jury Instructions

    1. What to Include
    2. Length and Style Tactics
    3. Use of Pace and Voice Inflection to Emphasize Key Elements
    4. Addressing the Weak Points of the Case
    5. The Verdict Sheet/Jury Instructions - Clearly Asking for What You Want
  7. Trial Ethics

    1. Courtroom Civility
    2. Candor Toward the Tribunal
    3. Ethical Issues in the Preparation and Use of Witnesses
    4. Investigating and Communicating with Jurors
    5. Trial Publicity

Who Should Attend

This advanced level online seminar is designed for trial attorneys and litigation support professionals.

Speakers

Kathleen M Erickson
Kathleen M.
Erickson
O'Neill McFadden & Willett
Kenneth J Allen
Kenneth J.
Allen
Allen Law Group
Hon. Gary L Miller
Hon. Gary L.
Miller
Marion County Superior Court
David W Conover
David W.
Conover
Allen Law Group
Speaker bio
Kathleen M Erickson

Kathleen M. Erickson

O'Neill McFadden & Willett
Kathleen Erickson

is a partner with the law firm of O'Neill McFadden & Willett. She focuses her practice on a wide range of civil litigation defense and has extensive experience handling medical malpractice and healthcare defense matters. Ms. Erickson works with her clients through all phases of litigation, including investigation, motion practice, written and oral discovery, and trial. She represents hospitals and individual health care providers before medical review panels, in court and on appeal. Ms. Erickson earned her B.A. degree from the University of Illinois at Urbana Champaign and her J.D. degree from Valparaiso University School of Law. She is a member of the Lake County Indiana Bar Association.

Speaker bio
Kenneth J Allen

Kenneth J. Allen

Allen Law Group
Kenneth Allen

studied in Cambridge, England, fought as a light‑heavyweight on the Cambridge University boxing team (CUABC) and majored in English at Valparaiso University. He earned his J.D. degree, cum laude, at Indiana University's Mauer School of Law, where he was a Stephenson Fellow. Mr. Allen is the founder of Allen Law Group, which exclusively represents plaintiffs in personal injury and wrongful death litigation, with six offices in Indiana and Illinois. Since the firm's inception over 25 years ago, he has not lost a jury trial in state court. Professional honors and association memberships, past or present, include: American Association for Justice (Leader's Forum Patron), Indiana and Illinois Trial Lawyers Associations (Sustaining Member), Indiana (Sustaining Member) and Illinois state bar associations, American Bar Association and Chicago Bar Association; also, National Asbestos/Mesothelioma Trial Lawyers Association, National Brain Injury Trial Lawyers Association, and National Aviation Trial Lawyers Association. Mr. Allen has been repeatedly listed in The Best Lawyers in America as a Super Lawyer, and by Law Dragon as one of the Leading Plaintiff's Lawyers in America. He was named a fellow of the Litigation Counsel of America, is a life member of the Multi‑Million Dollar Advocates Forum - The Top Trial Lawyers in America, is listed in Who's Who in American Law and named to the National Advisory Board of the Association of Interstate Trucking Lawyers of America. Mr. Allen was also named among the 500 Leading Lawyers in America. He served as president of the Indiana Bar Foundation (2016-2018). Mr. Allen was also honored by the Indiana Lawyer as a Distinguished Barrister "for leadership in the law" and one of four 2019 inductees into the Northwest Indiana Business & Industry Hall of Fame. He has appeared as counsel for the plaintiff in over 100 trials and published appellate court decisions, winning more than $300,000,000.00 in verdicts without reduction for comparative fault. His cases have been listed among the country's "Top 10 Verdicts" and reported in USA Today, Wall Street Journal, Vanity Fair, Crane's Chicago Business, Chicago Sun Times, LA Times, Boston Globe, Chicago Tribune, and the New York Times. Mr. Allen has been appointed class counsel in several class actions including: In Re South Shore Train Crash at Gary, Indiana on January 18, 1993, In Re: Nurseryland Bus Crash at Gary, Indiana on June 25, 1998; In re Truck/Train Collision at Portage, Indiana on June 18, 1998, and In Re: Hidden Lake Bridge Collapse July 4, 2009; In Re: Indiana State Fair Disaster (VanDam v. State of Indiana). He was appointed to Plaintiffs' Discovery Committee in the United Airlines DC-10 crash (In re: Air Crash Disaster at Sioux City, Iowa). Mr. Allen has been interviewed on CNN, NBC, CBS, ABC, WGN, FOX, Dateline, Inside Edition, and on Oprah.

Speaker bio
Hon. Gary L Miller

Hon. Gary L. Miller

Marion County Superior Court
Gary Miller

is a Superior Court Judge in the Marion County Superior Court.

Speaker bio
David W Conover

David W. Conover

Allen Law Group
David Conover

is a partner in the law firm of Allen Law Group, where his practice revolves around the representation of plaintiffs in personal injury and wrongful death litigation. Mr. Conover's background is centered exclusively on trial advocacy. He is a member of the Indiana State Bar Association, Illinois Supreme courts and Appellate courts, U.S. District Court for the Northern District of Illinois and the Northern District of Indiana, U.S. Federal Trial Bar, and the U.S. Seventh Circuit Court of Appeals. Mr. Conover is a former judge pro tempore in Lake County, Indiana. He earned his B.A. degree from Illinois State University and Brighton University and his J.D. degree from IIT Chicago-Kent College of Law.

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