About the Course
Introduction
This CLE webinar will equip trial lawyers to handle the challenging task of cross-examining a plaintiff claiming significant injury. Defense counsel is between a rock and a hard place: push too hard in the wrong way and create sympathy for the plaintiff; hold back too much and the defense fails to point out critical flaws in the plaintiff's case. Plaintiff's counsel is always ready to exploit this dilemma.
Description
Rare is the case that does not come down to the plaintiff's testimony. Whether in a deposition or during the trial, counsel must know what to ask and how to ask it. Counsel must decide whether the deposition or trial should be the focus and how to prepare for the substance of both.
The defendant's counsel must walk a tightrope between advocacy and sympathy. If a case is likely to proceed to trial, counsel's deposition of the plaintiff may concentrate on establishing opportunities for impeachment at trial. However, counsel's plan to impeach the plaintiff must be nuanced to present a vigorous defense without alienating the jury.
Plaintiff's counsel will want to prepare the plaintiff to share facts showing liability and damages. Moreover, the plaintiff must be ready to provide facts that rebut the defendant's defenses and theory of the case.
Listen as our panel of courtroom veterans discusses when to opt for a deposition-focused or trial-focused approach, how to prepare for either, and an appropriate tone to discredit the plaintiff's testimony without engendering jury sympathy.
Presented By
Mr. Aronfeld has dedicated his life to representing individuals against corporate giants, such as Carnival Cruise Lines, Royal Caribbean Cruise Lines, Celebrity Cruise Lines, Disney Cruise Lines, Norwegian Cruise Lines, Holland America Cruise Lines, the Bayer, Johnson & Johnson, Stryker, Target, Publix, Walmart, Mt. Sinai Hospital, State Farm Insurance Company, United Automobile Insurance Company, Baptist Health South Florida, South Miami Hospital, and International Airplane Leasing. He earned international recognition after his first jury trial, when an Orlando, Florida jury awarded his Uruguayan clients a $100,000 verdict against Walt Disney World. Mr. Aronfeld is Board Certified as a Civil Trial Lawyer by both the Florida Bar and the National Board of Trial Advocacy.
Mr. Gabriel is one of the preeminent trial consultants in the country. Since 1985, he has been a leader in the field of jury research, jury selection and litigation communication with experience in nearly 2,000 trials in both the civil and criminal arenas across the country. CBS News has said that Mr. Gabriel is “by reputation, one of the best trial consultants in the country.” He has assisted counsel in the Aaron Hernandez acquittal as well as the Casey Anthony, O.J. Simpson, Phil Spector, Enron, Whitewater, Kwame Kilpatrick, Heidi Fleiss, and numerous other high-profile civil and criminal matters. Three cases he has participated in have resulted in United States Supreme Court decisions. Mr. Gabriel is the author of Acquittal: An Insider Reveals the Stories and Strategies Behind Today’s Most Infamous Verdicts about his high-profile trial work, which was optioned by Warner Brothers and developed for CBS by Jerry Bruckheimer Productions. He is also the co-author of Jury Selection: Strategy and Science, as well as contributing to Bennett’s Guide to Jury Selection and Trial Dynamics. Mr. Gabriel was a regular columnist for Lawyers USA on trial strategy and has authored numerous articles on litigation communication, social science, and jury research for numerous State Bar Journals and other legal publications including the American Bar Association, the Daily Journal, The Jury Expert, Notre Dame, and Loyola Law Reviews. He has also written feature articles for CNN.com and HLN.com on noteworthy trials and political/social issues. Mr. Gabriel appears regularly on CNN, CBS, ABC, NBC, Fox, MSNBC, CNBC, and NPR as a commentator on high-profile trials.
Mr. Perry is a Principal in Firm's Casualty Litigation Department and Co-Chair of the Firm's Hospitality & Retail Practice Group. He is an experienced trial lawyer and has successfully defended clients in litigation in state and federal courts. Mr. Perry litigates and defends a variety of claims on behalf of the hospitality, retail, and health care industries, including claims involving wrongful death, slip/trip and fall, criminal conduct of third parties on the premises, negligent security, and bed bugs.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, March 4, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Differences between deposition cross and trial cross
II. Witness preparation
A. Information gathering
B. Legal research
III. Deposition conduct
IV. Learning the plaintiff's case
V. Getting admissions
VI. Setting up impeachment
VII. Trial issues
VIII. Know the answer to every question before asking
IX. Lines of attack
X. Discrediting plaintiff testimony without fostering backlash sympathy
The panel will review these and other critical issues:
- Whether to make deposition or trial the venue for plaintiff's cross-examination
- Substantive preparation and planning for the plaintiff's deposition
- Strategies for discrediting the plaintiff without provoking anger at the defendant(s)
- Deposition strategies that plaintiffs use for fortifying their case
