Litigation & Appeals

4.64

44 Mistakes I Made as a New Trial Lawyer

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Upon Request 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 53 minutes
Stanton Mathews
Robert Kasieta
Philip Greenberg
With Stanton T. Mathews from Bear Republic Law APC + 2 others
Recorded February 16, 2024
Product ID 98048

Buy This Course

Course Includes
$489

OnDemand Video

Video Download

Course Book Download

or
Upgrade to Unlimited CLE and Get This Course
$129/month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

Overview

Discover the Biggest Mistakes Rookies Make and How to Avoid Them

If you're going to legal frontlines for the first time, there's 44 things you need to know! This "trial and error" program is full of cautionary advice that other trial lawyers wish they'd learned much earlier in their careers. Avoid going in unprepared, don't neglect to push the right buttons in voir dire, ward off evidentiary objections, strike the proper tone with your arguments, and more. We'll show you what NOT to do so you can steer clear of common pitfalls and make your first (or next) foray into the courtroom a success. Register today!

  • Uncover aspects of trial preparation that often go overlooked and leave lawyers fumbling in the courtroom.
  • Home in on questions you should and should not ask during voir dire.
  • Steer clear of opening statements that are confusing, boring, weak, or too rehearsed.
  • Avert getting stopped in your tracks by an unanticipated evidentiary objection.
  • Avoid overextending your witness during direct examination and having their testimony backfire.
  • Find out why attorneys lose control of witnesses during cross-examination and discover how to prevent it.
  • Hear what new attorneys often neglect to address in closing arguments.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member James Susag.

Abbreviated Agenda

  1. Pretrial Motion and Trial Preparation Oversights
  2. Voir Dire and Jury Selection Traps for New Trial Attorneys
  3. Opening Statements: It’s All About Striking the Right Balance
  4. Evidence Issues That Trip Up Young Lawyers
  5. The Nots of Direct Examination
  6. Top 6 Cross-Examination Mistakes to Avoid
  7. Not Seizing the Moment With Closing Arguments
  8. The Pitfalls of Technology: What Some Lawyers Fail to Consider

Related Topics

Product ID 98048

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Upon Request 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Pretrial Motion and Trial Preparation Oversights

    1. Scheduling Order Deficiencies; Not Envisioning What Pre-Trial Motions You Will Need
    2. Failing to Prepare Witnesses for Direct and Cross Examination
    3. Not Organizing Your Trial Notebook
    4. Not Having Legal Research Available for Possible Legal Issues
    5. Doing All the Work Last Minute: What You Should be Doing and When
    6. Not Being Familiar With the Court and its Procedures and Protocols

  2. Voir Dire and Jury Selection Traps for New Trial Attorneys

    1. Not Doing Research on Jurors Prior to Jury Selection
    2. Not Realizing That Voir Dire is More About Jury De-Selection Than Selection
    3. Failing to Ask Narrative Questions vs. Yes or No Questions
    4. Not Knowing Procedures and Timing
    5. Not Introducing Case Concepts (and Over-Introducing Case Concepts)

  3. Opening Statements: It’s All About Striking the Right Balance

    1. Tell a Story but Don’t be Boring
    2. Be Compelling but Not Theatrical or Rehearsed
    3. Speak From Speaking Points vs. Notes
    4. Say What You Need to Say Without Going Too Long or Legalistic
    5. Addressing Your Weak Points the Right Way
    6. Don't Miss Opportunities to Build Rapport: Thank the Jury For Their Service

  4. Evidence Issues That Trip Up Young Lawyers

    1. Not Laying Proper Foundation for Exhibits
    2. Hearsay Issues
    3. Not Using Documents in a Way That Enhances the Case
    4. Objections - Overuse and Commonly-Missed Opportunities

  5. The Nots of Direct Examination

    1. Not Properly Preparing Your Client
    2. Not Having Exhibits Ready to Ensure a Good Flow
    3. Not Determining Witnesses’ Strengths and Weaknesses - Overextending Witnesses
    4. Not Practicing Your Direct (or Over-Practicing Your Direct)

  6. Top 6 Cross-Examination Mistakes to Avoid

    1. Not Asking Leading Questions
    2. Not Commanding Control of the Witness
    3. Arguing or Getting Upset
    4. Taking on Too Many Topics and Too Many Questions
    5. Not Using Recross as Necessary After Direct
    6. Not Finishing on a Strong Note

  7. Not Seizing the Moment With Closing Arguments

    1. Length, Style Oversights: How to Not be Boring
    2. Not Asking the Jury for Exactly the Relief You Want (and Substantiating it)
    3. Not Going Over the Special Verdict Form With the Jury
    4. Using Legalese to Explain a Case vs. Using Simple and Effective Concepts
    5. Overusing Audio-Visual Materials
    6. Not Practicing Enough or Over-Practicing and Looking Rehearsed

  8. The Pitfalls of Technology: What Some Lawyers Fail to Consider

    1. Failing to Contact Court Ahead of Time and Know the Limitations (and Strength of the Internet Connection)
    2. Missing Cost-Saving Opportunities by Not Cooperating With Opposing Counsel
    3. Not Having Sufficient Technology - Know Your Must-Haves!
    4. Not Preparing Your Technology, Not Practicing
    5. Losing Effectiveness Over Overuse of Technology
    6. Losing the Human Factor and Effectiveness in a Zoom or Teams Environment
    7. Court Reporter and Oath Issues

Who Should Attend

This program is designed to provide attorneys with the insights they need to avoid 44 common rookie mistakes in their first (or first few) trials.

Speakers

Stanton T Mathews
Stanton T.
Mathews
Bear Republic Law APC
Robert J Kasieta
Robert J.
Kasieta
Kasieta Legal Group, LLC
Philip A Greenberg
Philip A.
Greenberg
Philip A. Greenberg, P.C.
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.

View full profile
Speaker bio
Robert J Kasieta

Robert J. Kasieta

Kasieta Legal Group, LLC
Robert Kasieta

is the founder of Kasieta Legal Group, LLC in Madison, Wisconsin. He is a certified civil pre-trial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the Seventh and Eleventh circuits, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

View full profile
Speaker bio
Philip A Greenberg

Philip A. Greenberg

Philip A. Greenberg, P.C.
Philip Greenberg

has provided skilled and highly personalized representation to his clients for more than 45 years. During this time, his firm has helped clients with family law and business matters in a wide range of civil litigation. Mr. Greenberg judges multiple rounds, including the finals of the National Trial Competition in Virginia. He has co-authored a book titled Divorce Insights, which was published and is being sold by Amazon Books. Mr. Greenberg is admitted to practice in New York and New Jersey, both state and federal courts, as well as the Second Circuit Court of Appeals and the U.S. Supreme Court. He earned his J.D. degree from New York University School of Law and his B.A. degree, cum laude, from Brooklyn College of the City University of New York.

View full profile

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us