Litigation & Appeals

NV Specific

Advanced Trial Tactics in Nevada

Credits Available
Credit Status Total
Nevada CLE Approved 6 Total
OnDemand
5 hours 54 minutes
Thierry Barkley
Jacqueline Bluth
Josh Cole Aicklen
Stephanie Zinna
With Thierry V. Barkley from Gordon Rees Scully Mansukhani, LLP + 3 others
Recorded November 14, 2023.
Product ID 97341

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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. Summations and Jury Instructions
  4. Effective Exhibits and Courtroom Technology
  5. Cross-Examination and Redirect - Focus on Experts and Evidence
  6. Handling Surprises at Trial
  7. Trial Ethics
Product ID 97341

Credit Details

Credits Available
Credit Status Total
Nevada 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. 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
  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. 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
  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

Thierry V Barkley
Thierry V.
Barkley
Gordon Rees Scully Mansukhani, LLP
Hon. Jacqueline Bluth
Hon. Jacqueline
Bluth
Eighth Judicial District Court in Clark County
Josh Cole Aicklen
Josh Cole
Aicklen
Lewis Brisbois Bisgaard & Smith LLP
Stephanie M Zinna
Stephanie M.
Zinna
Olson Cannon Gormley & Stoberski
Speaker bio
Thierry V Barkley

Thierry V. Barkley

Gordon Rees Scully Mansukhani, LLP
Thierry Barkley

is a partner with Gordon Rees Scully Mansukhani, LLP, where he concentrates his practice in insurance work including life, health, disability, ERISA, coverage opinions, defense of bad faith litigation, errors and omissions, and complex litigation. Mr. Barkley is admitted to practice in Nevada since 1980 and before the U.S. District Court, District of Nevada; U.S. Court of Appeals, Ninth Circuit; and U.S. Supreme Court. He is a member of the State Bar of Nevada, Washoe County Bar Association, and Defense Research Institute. Mr. Barkley earned his B.A. degree from the University of California Los Angeles and his J.D. degree from California Western School of Law.

Speaker bio
Hon. Jacqueline Bluth

Hon. Jacqueline Bluth

Eighth Judicial District Court in Clark County
Jacqueline Bluth

was appointed to the bench by Governor Steve Sisolak in April of 2019. Judge Bluth works as one of the four district court judges that handle a homicide caseload. Coinciding with the homicide docket, Judge Bluth also oversees a civil docket. Between her time as a prosecutor and a District Court Judge, Judge Bluth has done over 100 jury trials to verdict. Judge Bluth oversees the Eighth Judicial District Court Search Warrant Program, is Chair of the Rules Committee, and is also a part of the Executive Committee that works alongside the Chief Judge in managing issues that come before the Eighth Judicial District Court.

Speaker bio
Josh Cole Aicklen

Josh Cole Aicklen

Lewis Brisbois Bisgaard & Smith LLP
Josh Cole Aicklen

is the managing partner of the Las Vegas office of the national law firm of Lewis Brisbois Bisgaard & Smith LLP, and chair of the firm's national Hospitality Practice. Since 1990, Mr. Aicklen has practiced in the areas of hospitality litigation; general liability litigation defense in wrongful death of automobile, trucking and motorcycle cases; premises liability/negligent security claims against landowners; products liability; and the investigation and litigation of fraudulent claims. He earned his B.A. degree from the University of Southern California and his J.D. degree, magna cum laude, from Whittier College School of Law.

Speaker bio
Stephanie M Zinna

Stephanie M. Zinna

Olson Cannon Gormley & Stoberski
Stephanie Zinna

is a Shareholder with Olson Cannon Gormley & Stoberski. She is a 2009 graduate of the William S. Boyd School of law. She practices in an array of civil liability matters, including Title IX, medical malpractice, legal malpractice, childcare licensing, negligence and abuse investigations, and elder abuse and negligence. Ms. Zinna is currently the Regional Chair LVA for the Fee Dispute Committee, Vice President for Southern Nevada Association of Women Attorneys (SNAWA), a TIP mentor, and also volunteers her time coaching mock trial for local high school students.

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