• Attorneys who have never tried a case;

• Attorneys who have tried relatively few cases;

• More experienced trial lawyers who would like to be more systematic in their presentation of cases or to be exposed to different approaches to trial practice.

• Opening Statements: Establishing the theme; How to strike the right emotional chord; Capturing the interest of the jury at the outset; Describing the applicable law; and Ending on the right note.

• Witness Preparation: Having the witness review her previous statements; Identifying problems; and Preparing the witness for cross examination.

• Direct Examination: Examination of expert and non-expert witnesses; and Dealing with potential problems in the testimony.

• Cross Examination: How to prepare and organize the testimony; How to frame questions and treat the witness appropriately; and Dealing with prior inconsistent statements.

• Exhibits: How to get an exhibit into evidence; Chain of custody; Limiting admissibility; Challenging the admissibility of exhibits.

• Objections: When and how to object; and Tactical considerations.

• Expert Witnesses: Whether to challenge an expert’s qualifications; and Techniques for cross examining expert witnesses.

• Closing Argument: Completing the process of having the jury adopt your theme; Dealing with factual discrepancies; Organizing and discussing both sides of the case; Style and delivery; and Commonly asked questions.

This publication was used in conjunction with the 2003 "Trying the Case: A One-Day Trial Advocacy Program" Seminar.  Audio tapes, CDs and DVDs are available.