Cross-Examination of the Sympathetic Plaintiff in a Personal Injury Case: Plaintiff and Defense Strategies
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Differences between deposition cross and trial cross
- Witness preparation
- Information gathering
- Legal research
- Deposition conduct
- Learning the plaintiff's case
- Getting admissions
- Setting up impeachment
- Trial issues
- Know the answer to every question before asking
- Lines of attack
- Discrediting plaintiff testimony without fostering backlash sympathy
Benefits
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
Faculty
Aref Jabbour, Ph.D.
Senior Jury Consultant
IMS Consulting & Expert Services
Mr. Jabbour is focused on ensuring IMS’s attorney clients mitigate their risks during trial. He is a clinical... | Read More
Mr. Jabbour is focused on ensuring IMS’s attorney clients mitigate their risks during trial. He is a clinical psychologist and researcher skilled at writing probative questions for jury research exercises, including community attitude surveys, focus groups, and mock trials, that elicit the precise information attorneys need to prepare for trial. Mr. Jabbour distills the research data and provides clients with actionable strategies they can immediately employ. He also prepares both expert and fact witnesses to deliver understandable and effective testimony. Mr. Jabbour's expertise has been called upon in hundreds of jury research exercises and trials in venues throughout the country.
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Marc H. Perry
Principal
Post & Schell
Mr. Perry is a Principal in Firm's Casualty Litigation Department and Co-Chair of the... | Read More
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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