Schedule and Faculty
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presented by Dominic Gianna Dominic Gianna is recognized as one of America’s master advocates and an inspired teacher of trial advocacy and persuasion. He believes that CLE should be fun, interesting and immediately useful in your practice. He is a founding partner of Middleburg Riddle & Gianna with offices in New Orleans, and Dallas, and is a fellow of the International Society of Barristers. Gianna was recognized with the prestigious Keeton Award from the National Institute of Trial Advocacy as one of the most outstanding teachers of trial advocacy in the United States. |
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 10:30 a.m.
Key 1: The 4 Advocacy Purposes of Taking a Deposition
Jury Thinking – Preparing the Closing Argument
Trial Advocacy in a Nutshell
The Magic of the 3 Cs
Themes, Theories, Words & Phrases
The 4 Purposes: Information Gathering; Obtaining Admissions; Theory Testing; Credibility Judgment
Charting the Deposition – The Organization
Key 2: Using the "Surgical Approach" – Opening Up and Closing Doors
Using Depositions in Trial
The Magic of the Simple Direct Sentence/Question
Inviting and Opening up the Witness
The Language of Closure: Exhausting the Witness’s Knowledge; 5 Ways to Get "Anything Else"; The Power of Listening; The Power of Silence; Non-Verbal Communication
Closing the Door
Key 3: Obtaining Admissions – Cross Examination in Depositions
The Impact Beginning – Avoiding the Standard Stuff
Begin at the End. Why?
The Keys to Deposition Cross-Examination
Setting Trial Impeachments in Stone: The Rules of the Game; The Technique of the 3 Cs; Making it Stick
10:30 – 10:45 a.m.
BREAK
10:45 a.m. – 12:15 p.m.
Key 4: Taking and Keeping Control of the Witness
Testing the Witness
Handling the Recalcitrant Witness
"How Do You Know That?"
Keeping and Staying on Track
Using the "Always Win" Cross-Examination Question
The 3 Rules to Unobjectionable Questions
Key 5: Taking and Keeping Control of the Opposition
Training the Opposition
Handling the "Mature" Opposition
Handling the "Obstreperous" Lawyer
Taking the "Obstreperous" Lawyer Down
Handling Objections
To Court or Not to Court? And How!
Key 6: The 10 Rules and How to Use Them
Key 7: Making Documents "Talk"
Preparation of the Exhibits
Using Exhibits as an Outline
Repeating the Story
Handling Exhibit "Objections"
Authenticating Documents for Trial
2009 Amendments to the FRCP and FRE 502 Update
ESI and the Federal Rules Changes
12:15 – 1:15 p.m.
LUNCH (on your own)
1:15 – 2:15 p.m.
The Ethical Limits of Preparation and Persuasion
1.0 ethics credit applied for
2:15 – 2:45 p.m.
Key 8: Powerful Witness Preparation – Powerful Witness Presentation
5 Rules to Effective Preparation
Training the Witness for Attack
The Mock Deposition
2:45 – 3:00 p.m.
BREAK
3:00 – 4:30 p.m.
Key 9: Non-Defensive Defending
The Power Defense
When and How to Object
Making Valid "Form" Objections
To Counsel or Not? Preparing the Witness for 3 Critical Questions; Handling the "Loaded" Questions; Handling the Unprepared Lawyer
Key 10: Taking and Defending a Powerful Expert Deposition
Expert Admissions and How to Get Them
Using the "Bouncing Ball" Method
"How Do You Know That?"
The Always Win Expert Cross-Examination: Identifying and Removing the Power; Marco Polo and Genghis Kahn; Expert Opinions Defined; Always Win Cross-Examination Questions
Using Technology to Win
Video Deposition Skills – Taking and Defending the Persuasive Video Deposition; 5 Rules to the Successful Video Direct Examination; 3 Cross-Examination Rules for Video Cross-Examination
The "Technical" of TV