Tag Archives: Trial

New CLE: Tell Your Client’s Winning Story

There’s always a greater story hidden behind the rigid surface of your client. As a trial lawyer, it’s your job to be able to find this story, to craft it and then to awaken the jury to your client’s greater story.

Tell the Winning Story

When you’re facing the jury, you’re a storyteller whether you like it or not. The question is, how good is that story? Is it dead or alive?

In this CLE course, Juliard’s graduate Jesse Wilson will show you how to present your client’s winning story to the jury while avoiding the victim trap. Jesse will mainly discuss how to avoid telling the whining story, building a strong human connection with the jury, putting your client’s story before the jury and understanding the role of story & conflict at trial. To access the course please click here: The Winning vs. Whining Story: How to Transform Your Client from Victim to Victor.

Additional topics addressed include:

  • Embracing & thriving in an uncomfortable courtroom
  • Avoiding talking about your client like a victim
  • Tapping into emotional evidence
  • Breaking through your client’s rough exterior
  • Crafting the theme of your case
  • But I don’t love my client
  • Reframing the definition of conflict
  • What make a great story
  • Focusing on conflict
  • Using monologue to understand your client’s experiences

Born and raised in Los Angeles – almost underneath the iconic Hollywood sign – Jesse Wilson is the CEO and Founder of Tell The Winning Story, a communications effectiveness program that helps attorneys step into their true communications power through the raw power of the theater. He works with attorneys throughout the country to tell their client’s winning story.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course on Crafting an Effective Closing Argument

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The way that juries process information has fundamentally changed over the last few decades – you can thank Big Bird and YouTube for that. Today’s jurors are less apt to soak up volumes of information that complex cases require. Because of this short attention span, you must be as dynamic as possible to grab the jury’s attention and persuade them to find for your client.

When it comes your closing argument, you should keep your message simple, brief and easy to understand.

In this fast paced and informative CLE course, you will learn how to provide an effective and succinct closing argument that the jury will be able to process and remember when they walk into deliberations. Trial attorney David A. Fox covers a number of practice points and uses case examples from the following causes of action: criminal conspiracy to commit robbery, slip & fall, fraud, personal injury, negligence and wrongful death. To access the course please click here: Crafting a Simple and Effective Closing Argument.

Dave mainly discusses:

  • How jurors learn & retain information
  • Using different media in your closing
  • Connecting with the jury
  • Framing the debate
  • Focusing on responsibility & jury instructions
  • Crafting your message
  • Being outcome determinative
  • Keeping your message easy to understand
  • Streamlining your trial
  • Solving the problem

Dave Fox is a trial lawyer that has dedicated his career to helping ordinary people going through extraordinary circumstances. Dave has obtained remarkable settlements and verdicts for his clients in difficult cases involving wrongful death, catastrophic injuries, premises liability and fraud.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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Bias Considerations With Juries: Voir Dire & Beyond

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The jury is one of the greatest concerns trial attorneys have when approaching trial. Millions of dollars and thousands of hours are spent analyzing the potential result from the 12 people in that little wooden box. And from voir dire to deliberations, the social biases of the jurors will have a huge impact on the end result of the case and the verdict rendered.

Bias in the Jury Box

While jurors are told that they must only base their decision on the facts and evidence, there is much more that goes into their ultimate decisions about the case, the parties and attorneys involved in the case.

In this course, attorney Joel Selik presents a lively discussion on common social bias considerations with juries at voir dire, trial and deliberations. Mr. Selik mainly addresses the following subjects: why we have to identify biases for jury trials, the types of biases exhibited by jurors, social biases & juries, decision-making, belief & behavioral bases in jurors, memory errors & biases in jurors. Mr. Selik also discusses methods of determining juror bias and common biases such as tort reform bias. To access the course please click here: Bias Considerations With Juries: Voir Dire & Beyond.

The types of biases discussed in this CLE course:

  • Social bias
  • Fundamental attribution error
  • Illusory superiority
  • Ingroup bias
  • Trait ascription bias
  • Defensive attribution hypothesis
  • Anchoring bias
  • Attentional bias
  • Availability heuristic
  • Belief bias
  • Cheerleader effect
  • Regressive bias
  • Memory bias
  • Confirmation bias
  • Hindsight bias

Joel G. Selik is a member of both the California and Nevada State Bars. His practice primarily focuses on Litigation and Tax. In Tax, Mr. Selik assists taxpayers, businesses and individuals with solutions to problems with the IRS. In his litigation practice Mr. Selik is well known for his Medical Malpractice and Nursing Home cases. Mr. Selik is a Member of both the California & Nevada State Bars, the San Diego County & North County Bar Association as well as the Nevada Trial Lawyers Association and Consumer Attorneys of San Diego (CASD). Mr. Selik has given many CLE seminars on Estate Planning, Nursing Home Litigation and other legal topics and was an Adjunct Professor of Law at a local law school.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Ne York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CLE Course: The Limits of Persuasion: Know Them and Use Them

Influencing other people can be a challenging task.  Many people hold strong beliefs and opinions on a number of positions – from gun regulation to their favorite sports team.  However, persuasion techniques can be employed to influence and convince others to change their beliefs or at least get them to move away from an entrenched position.

Robert Cialdini – Six Principles of Influence

  1. Reciprocity
  2. Commitment
  3. Social Proof
  4. Liking
  5. Authority
  6. Scarcity

Much as been written about the art and science of persuasion and how attorneys can utilize influence and persuasion principles to become better advocates for their clients.  Persuasion is the ability to change a person’s behavior or beliefs about a certain position – essentially the ability to influence other’s beliefs and opinions.  Some have even called persuasion the psychology of why people say yes, and as zealous advocates for our clients persuasion can be an incredibly invaluable tool.

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If you would like to learn more about persuasive techniques for attorneys, we have recently added an excellent new CLE course entitled The Limits of Persuasion: Know Them and Use Them.  In this entertaining and informative course, Chris Arledge delves into the power of persuasion and teaches attorneys how to deploy persuasive techniques in the courtroom and their everyday practice.  You will learn the four main principles of persuasion and how to use these principles to become a skilled persuader and a better legal practitioner.

The Four Principles of Persuasion for attorneys:

  1. Likability
  2. Trust
  3. Ability to Process Your Story
  4. Don’t Take Them Too Far From Home

Further issues discussed in this online CLE course include the public’s perception of attorneys, avoiding the trap of demonizing the opposition, remembering your primary goal, reciprocity, authenticity, communicating with individuals, the four benefits of story, being cognizant of roles, miscasting yourself & clients, persuading the jury, building your case around an underlying value, consistency, timing and understanding the jury.

Christopher W. Arledge is a co-founder and managing partner of One LLP.  His primary focus at One LLP is intellectual property litigation, particularly disputes over copyrights, trademarks, and trade secrets.  In recent years, he has handled disputes involving the intellectual property of celebrities like Madonna, Don Henley, Kobe Bryant, Bette Davis, and Perez Hilton.  Lawyers are called, above all, to persuade, and Chris therefore studies and teaches the principles of persuasion.  He has taught the Art of Persuasion at Chapman Law School and has lectured on persuasion to some of the largest, most prestigious professional firms in the country, including Munger Tolles, O’Melveny, Jones Day, and Deloitte.  Chris has polished his advocacy skills outside the courtroom as well, participating in speaking engagements and debates sponsored by groups such as the American Bar Association, the Federal Bar Association, the University of Southern California, Chapman Law School, Whittier Law School, the Anti-Defamation League, California Lawyers for the Arts, and various Inns of Court and local bar associations, and by serving as a legal expert on a number of nationally syndicated radio programs.

This CLE course on persuasion techniques for attorneys is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Oregon (OR)
  • Pennsylvania (PA)
  • South Dakota (SD)
  • Tennessee (TN)

Attorney Credits offers continuing legal education (CLE) in New York (NY) and around the country.  For more information about continuing legal education (CLE) in New York, please click the following link: New York CLE.


[1] Robert Cialdini’s Six Principles of Influence

http://www.mindtools.com/pages/article/six-principles-influence.htm

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CLE Course: How to Prepare Your Client for Deposition

Considering that less than 5% of cases go to trial, deposition is now one of the most crucial aspects of litigation.  For your anxious client, the deposition is almost the functional equivalent of their “day in court.”

One of the most useful subjects, both for lawyers and their clients, has been preparing to give testimony at a deposition. Proper preparation of the witness can reduce anxiety, improve performance and dramatically affect litigation outcomes.[1]                   – David Newdorf

More than likely, the deposition will also be the first time that the opposition will meet and evaluate your client and formulate strategy and tactical decisions on how to resolve the case.  The opposition’s goal during deposition is to uncover and exploit weaknesses and inconsistencies in your client’s testimony and case.  At this crucial juncture in the litigation one mistake or wrong approach can severely damage your client’s case.

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If you need a refresher on preparing your client for deposition – or just need to pick up a few fine points – we have recently added a very informative course featuring San Francisco litigator David Newdorf.  In the course, Mr. Newdorf provides numerous tactical and practical points on how to best prepare your client for the tough questions they will face during deposition.  The main topics covered include deposition strategy, preparing your client for deposition day and minimizing the information that you client provides to the opposition.  To access this online CLE course, please click the following link: How to Prepare Your Client for Deposition.

Further issues addressed include:

  • Preparation time
  • The day of the preparation session
  • The admonishment
  • Going over the deposition mechanics with the client
  • The client’s counter-productive strategy
  • Key rules
  • The five perfect answers
  • “I don’t know” vs. “I don’t recall”
  • Re-phrasing the question
  • Speculation
  • Multiple depositions
  • Discussing key documents with the client
  • Privileged information
  • Prior statements
  • The Q & A process

David Newdorf has been a California civil litigator since 1994.  He has practiced at O’Melveny & Myers LLP, the San Francisco City Attorney’s Office and at Newdorf Legal since 2008.  Mr. Newdorf represents individuals, businesses and public entities in trials, arbitrations and appeals.  His practice focuses on commercial and government litigation.  He has taken numerous cases to trial in state and federal court, handled hundreds of lawsuits, arbitrations and mediations, and briefed and argued major appeals in the California Court of Appeal and the U.S. Court of Appeals for the Ninth Circuit.  As a former trial team leader in the San Francisco City Attorney’s Office, Mr. Newdorf handled high profile cases and supervised lawyers handling hundreds of active litigation matters.

This CLE course on preparing clients for deposition is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Colorado (CO)
  • Connecticut (CT)
  • Delaware (DE)
  • District of Columbia (DC)
  • Florida (FL)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • South Dakota (SD)
  • Texas (TX)

Attorney Credits offers continuing legal education (CLE) in Texas and around the country.  For more information about continuing legal education (CLE) in Texas, please click the following link: Texas CLE.


[1] Video Class: How to Prepare Your Client for Deposition

http://www.newdorf.com/video-class-how-to-prepare-your-client-for-deposition

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