CA Specific

Litigation & Appeals

Advanced Trial Tactics in California

Credits Available

There is no credit available on this course.

OnDemand
5 hours 57 minutes
Christopher Onstott
Stanton Mathews
Michael Renberg
Michael Watters
With Christopher Onstott from Kronick Moskovitz Tiedemann & Girard + 3 others
Recorded November 29, 2023
Product ID 97340

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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. Summations and Jury Instructions
  6. Handling Surprises at Trial
  7. Trial Ethics
Product ID 97340

Credit Details

Credits Available

There is no credit available on this course.

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Agenda

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  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. 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
  6. Handling Surprises at Trial

  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

Christopher Onstott
Christopher
Onstott
Kronick Moskovitz Tiedemann & Girard
Stanton T Mathews
Stanton T.
Mathews
Bear Republic Law APC
Michael Renberg
Michael
Renberg
Parichan, Renberg & Crossman
Michael G Watters
Michael G.
Watters
O'Brien Watters & Davis, LLP
Speaker bio
Christopher Onstott

Christopher Onstott

Kronick Moskovitz Tiedemann & Girard
Christopher Onstott

is an attorney with the law firm of Kronick Moskovitz Tiedemann & Girard, where he practices labor and employment law. He defends employers against race, sex and disability discrimination and harassment claims, as well as wage claims in both federal and state courts. Mr. Onstott earned his B.A. degree, magna cum laude, from Brigham Young University and his J.D. degree, with high honors, from the University of Texas School of Law.

Speaker bio
Stanton T Mathews

Stanton T. Mathews

Bear Republic Law APC
Stanton Mathews

is the principal in the trial law specialty firm Bear Republic Law APC, located in Orange County, California. The firm focuses its expertise on the prosecution of civil wrongdoers, individual, corporate and governmental, whose conduct causes personal injury and economic loss. Mr. Mathews is a member of the American Board of Trial Advocates. He is a selected member of the Bar Register of Pre-Eminent Lawyers in America and his jury verdicts seat him with the Multi-Million Dollar Advocates Forum. He is the co-author of the widely used California Practice Guide, California Causes of Action, published by James Publishing. He is a member of the American Association for Justice, Consumer Attorneys of California, Orange County Trial Lawyers, and Western Trial Lawyers Association.

Speaker bio
Michael Renberg

Michael Renberg

Parichan, Renberg & Crossman
Michael Renberg

is a partner with the law firm of Parichan, Renberg & Crossman, where he concentrates in the areas of civil litigation, construction defect, and personal injury in both state and federal courts. He earned his B.A. degree from the University of California at Los Angeles and his J.D. degree, with honors, from the University of San Francisco. Mr. Renberg clerked at the California Supreme Court for Justice David Eagleson, and at the U.S. District Court, Eastern District of California for Judge Robert Coyle. He is a member of the State Bar of California (member, Litigation Section), Fresno County Bar Association, and American Society of Pharmacy Law. Mr. Renberg is also a mediator for Fresno County Superior Court and Tulare County Superior Court.

Speaker bio
Michael G Watters

Michael G. Watters

O'Brien Watters & Davis, LLP
Michael Watters

is the managing partner and founding partner with O'Brien Watters & Davis, LLP where he is a trial attorney with extensive trial, as well as significant appellate experience. He specializes in all aspects of trial work, with emphases on complex civil litigation, business litigation, employment litigation, family law and insurance. Mr. Watters defends professional licensees and has handled many appeals. He earned his B.S. degree in business administration from the University of California at Berkeley. Mr. Watters then attended its Graduate School of Business Administration (now the Haas School) and earned an M.B.A. degree. He earned his J.D. degree from the University of California, Hastings College of the Law. Mr. Watters is a member of the State Bar of California and Sonoma County, Marin County and American bar associations. He is a member of the bar of various United States District Courts, United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Armed Forces, formerly known as Court of Military Appeals (COMA). Mr. Watters has been active in Alternative Dispute Resolution (ADR). Since 1979, he has been an arbitrator for the Sonoma, Marin and Napa County Superior courts.

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