Direct Examination: Weaving Evidence Into a Narrative That Resonates With Jurors Emotionally, Experientially, Morally
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Wednesday, December 11, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will review how to be effective on direct examination so that the factfinder hears an interesting, articulate, and credible witness. The program will explore why direct examination is so difficult, how to work with the witnesses one has, the limits of what opposing counsel can ask about witness preparation and document review, how to deal with inevitable witness mistakes, how to approach case weaknesses, and how to use direct examination to prepare the witness for cross.
Ms. Lehman is a member of the Tort Litigation and Environmental Group. She has experience in individual plaintiff actions as well as mass tort actions. Ms. Lehman has represented a wide range of public entities as well as private entities in the medical, food service and transportation industries.
Ms. Fournier is an experienced mass tort and product liability litigator who provides state-of-the-art defense strategies to companies facing high profile, high risk matters. She is known for her sophisticated understanding of jury trends and unique ability to craft messages and trial themes that drive home her client's objectives.
Mr. Pollock focuses his practice on complex litigation and Appellate practice. He is recognized by Chambers USA and is certified by the New Jersey Supreme Court as a Civil Trial Lawyer. This certification is bestowed by the Court upon select attorneys who demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice and have been recognized by their peers as having sufficient skills and reputation in the designated area of law, among other requirements. Mr. Pollock also teaches trial practice and other related courses for the National Institute for Trial Advocacy (NITA).
Direct examination is the most important, most difficult, and frequently overlooked element of a trial or evidentiary hearing. Without a coherent, logical statement of facts, neither the judge nor a jury is likely to accept the client's position over the alternatives. Yet time and time again, direct testimony bores everyone in the courtroom, leaving the factfinder ignoring the core facts or placing too much importance on immaterial matters.
But formidable hurdles stand between counsel and compelling direct testimony. Practitioners must tell the client's story with the witnesses they have--witnesses who may be inept, arrogant, unteachable, or inarticulate--through a game of questions and answers. Furthermore, the rules of evidence govern what can be asked, and opposing counsel will throw down roadblocks at every turn with objections.
In a good direct examination, counsel asks questions that jurors want answered and explains why some information they may want is not presented. Good direct examination anticipates what may happen on cross and softens the blow of any damaging information.
Listen as this panel of experienced trial attorneys shares best strategies and practices for direct examination, whether for the plaintiff or defense, including those related to the content and presentation of the witness' testimony and practical tools for the attorney.
- Deciding the role of the witness and order of presentation
- Using documents to refresh recollection: privilege issues
- Organizing direct testimony
- Anticipating jury questions and presuppositions
- Form of questions
- Incorporating nonverbal evidence
- Dealing with damaging evidence
- Curing witness mistakes
- Redirect
The panel will review these and other issues:
- How should counsel handle facts the jury will want to know but is not permitted to have?
- How can counsel address perceived weaknesses of the case on direct?
- How can counsel keep questions short and simple?
- When should a witness look at the jury?
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