Direct Examination: Making the Facts Understandable, Presenting Compelling and Credible Witnesses
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- 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
Benefits
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?
Faculty
Dr. Ken Broda-Bahm, Ph.D.
Senior Litigation Consultant
Persuasion Strategies
Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past... | Read More
Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past 21 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, he has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
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Kristen Renee Fournier
Partner
King & Spalding
Ms. Fournier is an experienced mass tort and product liability litigator who provides state-of-the-art defense... | Read More
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.
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Kathryn S. Lehman
Partner
King & Spalding
Ms. Lehman is a member of the Tort Litigation and Environmental Group. She has experience in individual plaintiff... | Read More
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.
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Jeffrey M. Pollock
Partner
Fox Rothschild
Mr. Pollock focuses his practice on complex litigation and Appellate practice. He is recognized by Chambers USA and is... | Read More
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).
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