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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, highly-respected, experienced litigator — and witness expert — walks you through the methods, procedure and rules that will make your witness a powerful, compelling communicator. Small 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 on this subject — Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, (2nd Edition, American Bar Association). Dan represents witnesses, plaintiffs and defendants in wide-ranging administrative 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. Small’s objective is to rapidly increase the learning curve while minimizing the pain inherent in inadequate or improper witness preparation. Invest three precious billable hours to discover new tips, tactics and techniques that will make you a more effective advocate. Period. Program Outline & Schedule (3 hours)I. Need
a. Environment
b. This is Not a Conversation II. The Challenge
a. Three Mistakes Witnesses Make
b. Seven Mistakes Lawyers Make III. The Process
a. Preparation – Key Steps
b. Preparation Checklist
c. Key Goals IV. The Rules
a. Basic Principles
b. Framing the Message
c. The 10 Rules
d. Making an Impact V. Ethical Challenges:Preparation Does Not Mean Coaching! VI. Adapting to the Situation
a. Interview v. Testimony
b. Deposition v. Trial
c. Direct v. Cross VII. Special Witness
a. Expert Witness
b. Physician Witness
c. Former Employee Witness
d. Criminal Defendant Witness
e. Party Witness VIII. Core Themes/Home Bases IX. Conclusion
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