Powerful Witness Preparation

Daniel I. Small

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 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, (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. Small’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. Period.

Program Agenda & Detail

6 Hours Including 1 Ethics Hour

[Part I: 90 Minutes]

I.          Bridging the Gaps
a. The Perception Gap
b. The Conversation Gap
c. The Audience Gap

II.         Understanding the Need
a. Treacherous Environment
b. Unnatural Environment
c. Deceptive Environment

III.       Understanding the Audience
a. Humanize the Witness
b. Humanize the Party
c. Simplify the Language
d. Simplify the Message

IV.         Understanding the Challenge
a. Three Mistakes Witnesses Make
b. Seven Mistakes Lawyers Make


15 Minute Break

[Part II: 90 Minutes]


V.         The Process
a. Preparation – Key Steps
b. Preparation Checklist
c. Key Goals

VI.        The Rules
a. Basic Principles
b. Framing the Message
c. The 10 Rules
d. Making an Impact



[Part III: 90 Minutes]

VII.       Adapting to the Situation
a. Interview v. Testimony
b. Deposition v. Trial
c. Direct v. Cross

VIII.      Expert Witness
a. Role of the Expert
b. Expert/Attorney Relationship
c. Independence of Experts
d. Expert Communications

15 Minute Break

[Part IV: 90 Minutes]

IX.        Ethical Challenges Preparation Does Not Mean Coaching!
a. Extremes and Reality
b. The Perjury Dilemma
c. Conventional Wisdom vs. The New Order

X.         Core Themes/Home Bases

XI.        Understanding the Keys
a. The Witnesses’ Bill of Rights


Unconditional Guarantee
If you are not convinced that your understanding of the course topic has
improved after completion of any P.E.G.® seminar, we will refund your course tuition.

© 2020 by The Professional Education Group

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