Effective Witness Preparation Techniques: A Comprehensive Guide
Overview:
Witnesses are vital in the success of a trial. The credibility or incredibility of their testimony can significantly impact the outcome of the case. It is, therefore, important that lawyers prepare them before they give a deposition or take the stand.
Listen as a panel of distinguished practitioners and thought leaders organized by The Knowledge Group provide the audience with techniques on how to prepare witnesses to make them more effective. Speakers will also discuss the commonly found risks and pitfalls at trial or during a witness deposition.
Some of the major topics that will be covered in this course are:
- Witness Preparation: Deposition vs. Trial
- Real-World Examples
- Common Risks and Pitfalls
- Witness Preparation Techniques
- What Lies Ahead
Agenda:
Kimberly Almazan, Special Counsel
Withersworldwide
- Explaining to the witness the purpose of a deposition and how the transcript can be used at trial
- Explaining that the aesthetics matter (e.g., how videotaped depositions are used at trial, how opposing counsel is gauging how effective the witness be in front of a jury, the importance of body language)
- Pitfalls to avoid (e.g., saying “I don’t know” or “I don’t remember” too often, answering more than what the question asked, getting into a rhythm with opposing counsel, letting opposing counsel put words into your mouth)
- Explaining to the witness how to handle his/her counsel’s objections
Giel Stein, Member
Clark Hill PLC
- Preparing your lay witness for their deposition.
- Preparing your corporate representative for their deposition.
- Preparing your expert witness to testify at trial.
- Preparing your client for direct examination at trial.
- Preparing your client for cross examination at trial.
Nicholas A. Rauch, Attorney
Larson King, LLP
- Preparing your witness to answer reptile questioning.
- Preparing your witness to handle abrasive/argumenative questioning.
- Preparing witnesses for confrontation with opposing counsel.
- Preparing expert witnesses for cross-examination.
Who Should Attend:
- Litigators
- Trial Attorneys
- General Counsel
Kimberly is special counsel in the litigation and arbitration team. She concentrates on general and complex civil litigation, art law, …
Giel Stein is a Member in the Litigation group of Clark Hill’s Chicago office. Giel is a trial lawyer. A former …
Nick Rauch is an attorney at the Larson King law firm in St. Paul, Minnesota where he focuses his practice …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast
Prerequisite:
Experience in litigation
Course Code:
148963
NY Category of CLE Credit:
Skills
Total Credits:
1.5 CLE
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SPEAKERS' FIRMS:
About Withersworldwide
Founded over 100 years ago, Withers is a leading international law firm for global businesses, their equity and debt stakeholders, and the executives who manage them. The firm is one of the largest tax law firms in the world and consists of over 160 partners supported by more than 1,000 people across 17 strategically located international offices.
Our U.S. Litigation and Dispute Resolution Group represents companies, partnerships and individuals in developing and implementing dispute avoidance strategies, resolving disputes beneficially for our clients, and achieving outstanding results in litigation, trials and appeals. Our Group is highly respected for its courtroom and arbitration skills. Our team knows the law, the courts, arbitration forums and court and arbitration procedures, and is therefore in a position to achieve highly favorable outcomes for our clients in any contested hearing, trial, arbitration or appeal. Our team also recognizes, however, that clients in the vast majority of circumstances benefit most when a budding dispute can be resolved before it erupts into a full-blown litigation. We therefore strive to provide incisive and on-point strategic plans and risk analyses to assist our clients in staying out of the courtroom. We also know whether, and if so when, to use mediation and other alternative dispute resolution processes to our clients' benefit.
With vast experience in commercial, corporate, partnership, trusts, estates, conservatorship, art, intellectual property, employment and real estate law, we form integrated teams to handle disputes for a broad array of industries and businesses. Our team manages issues through every stage of the litigation life cycle before any court, arbitration panel or mediator. The breadth of expertise firm-wide also enables us to handle any related or follow-on matters that arise, such as tax issues and protective proceedings, estate plans, and commercial transactions.
Website: https://www.withersworldwide.com/
About Clark Hill PLC
Clark Hill is a multidisciplinary, international law firm that draws on its attorneys’ comprehensive industry and policy knowledge and a global network of industry advisors and subject-matter experts to provide innovative legal solutions and client-service excellence worldwide. Clark Hill’s work is guided by deeply-held shared values, including practicality, entrepreneurship, mutual respect, diversity, ethical behavior and a commitment to client and community service. With more than 650 attorneys and professionals in 25 offices, spanning the United States as well as Dublin and Mexico City, Clark Hill is built upon a core set of values that guide its attorneys in their relationships with clients and their connection to the communities in which the firm serves.
Website: http://www.clarkhill.com/
About Larson King, LLP
Larson King is a civil defense boutique law firm in St. Paul that handles national issues for a wide variety of topics. The firm defends a wide variety of claims including labor and employment, transportation, class action, oil and gas, medical malpractice, and toxic tort claims. With a wide variety of practice groups and licensed attorneys, Larson Kind provides effective and superior results to clients in all areas of practice.
Website: http://www.lindjensen.com/
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