Every caring lawyer involved in litigation has experienced the stress (trauma?) of wondering and worrying about witness testimony. Powerful Witness Preparation provides a modern prescription for persuasive verbal and non-verbal witness communications that will benefit every lawyer - regardless of experience (or inexperience).
Dan Small, a highly-respected, experienced litigator - and witness expert - walks you through the methods, procedure and rules that you will make your witness a powerful, compelling communicator.
Dan has worked in large and small firms, as general counsel of a healthcare management firm, and as a prosecutor for the U.S. Justice Department. He is a respected author of this subject - Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, (3rd Edition, American Bar Association).
Dan represents witnesses, plaintiffs and defendants in wide-ranging investigations and proceedings and in both civil and criminal litigation; that incredible breadth of experience is reflected in the bottom-line practical counsel he offers in this highly-acclaimed seminar.
Developing expertise, or even modest success, in witness preparation takes years, trials and, for most lawyers, many errors. Dan's objective is to rapidly increase the learning curve while minimizing the pain inherent in inadequate or improper witness preparation.
Invest one precious day to discover new tips, tactics and techniques that will make you a more effective advocate.
Program schedule
9:00 - 10:30 am
Bridging the Gaps
- The perception gap
- The conversation gap
- The audience gap
Understanding the Need
- Treacherous environment
- Unnatural environment
- Deceptive environment
Understanding the Audience
- Humanize the witness
- Humanize the party
- Simplify the language
- Simplify the message
Understand the Challenge
- Three mistakes witnesses make
- Seven mistakes lawyers make
10:30 - 10:45 am
Break
10:45 am - 12:15 pm
The Process
- Preparation - key steps
- Preparation checklist
- Key goals
The Rules
- Basic principles
- Framing the message
- The 10 rules
- Making an impact
12:15 - 12:45 pm
Lunch
12:45 - 2:15 pm
Adapting to the Situation
- Interview v. testimony
- Deposition v. trial
- Direct v. cross
Expert Witness
- Role of the expert
- Expert/attorney relationship
- Independence of experts
- Expert communication
2:15 - 2:30 pm
Break
2:30 - 4:00 pm
Ethical Challenges: Preparation Does Not Mean Coaching!
- Extremes and reality
- The perjury dilemma
- Conventional wisdom v. the new order
Core Themes/Home Bases
Understanding the Keys
- The witnesses' Bill of Rights
Tuition includes a digital copy of the speaker's materials. Course materials are not available for separate purchase.