The Jury Is Out

Part Two of our depo discussion offers 15 additional tips on strategy and goal-setting during prep, including opening the door to admit evidence, preparing exhibits, and doing your homework on your witness. We also discuss how to improve your depo outline (yes, you should have one!) and what you should add to keep your focus on the witness and not on your legal pad.

Whether you’ve taken hundreds of depos or just a handful, you can always use a few tips to save time, better prepare your deponent, or clarify your argument for the jury. Part One of our three-part series on deposition tips addresses 13 specific suggestions for depo preparation and planning, when to take a depo and how to frame your questions more effectively.

Don’t let inexperience hinder you. Use it as an excuse to ask, learn and be creative. Part Two covers considerations on hiring experts, creative ways to get “experience”, the power behind creating social capital, and an eye-opening exercise you probably didn’t learn in class; prepare an opening argument for your opposition before you go to court to illuminate key issues and figure out how you will...

So you passed the bar and got your first job at a great firm. Excellent! But are you really ready to be a lawyer? Part One of our discussion focuses on how to be a stronger part of the team, pro tips for scheduling and delegating more effectively, and advice on keeping your head in the game of life while you learn the rules of law.

Many lawyers have difficulty staying mindfully present during depositions, cross-examinations, and client consultations because of stress, the fear of making a mistake, and worrying about what to say next. Learn the 3 rules for constructive cross-examination and improv techniques like looping from improvisational acting experts Steve Hohman and Olivia Espinoza to help steer the narrative and impro...

Everybody hates to lose. If you avoid tough cases just because you might not win, you are doing a disservice to your client and yourself, and you are missing an opportunity to learn important lessons and build your character. Join John and Erich in this candid encore discussion on how to handle a loss with less pain and more gain. Reset your attitude and you’ll discover it’s not win or lose. It’s...

Consider the courtroom as a live drama unfolding before you. How can you direct the characters to tell their most authentic story and utilize breathing, dramatic structure, voice control, and more to make that story as persuasive as possible? The conclusion of our fascinating two-part discussion with Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION will change the way you prep and pr...

A trial is a contest of competing stories and the jury is your audience. Prepare your witness for their best performance with tenets from acting and theater explained by Andrew Caple-Shaw and Alexandra Wright of ACT of COMMUNICATION, a unique litigation consulting group. Their powerful and highly effective communication techniques, such as identifying non-verbal micro-expressions, harnessing the p...

“What matters most to us is effecting change.” That’s the philosophy of renowned trial attorney Charla Aldous and her firm Aldous\Walker. Charla Aldous is a trailblazer who also founded Athea Trial Attorneys, an innovative all-female virtual law firm. Join the spirited and inspiring encore conversation with guest host Amy Gunn of the Simon Law Firm as Charla reveals how she affects change in and o...

If it’s a cause worth fighting for, Texas trial attorney Charla Aldous is ready. Ranked as one of the top attorneys in America for over two decades, Charla’s authentic, no-nonsense strategy for case framing continues to convince juries, even in cases no one expects her firm to win. Tune in to this encore podcast with guest host Amy Gunn to hear the creative narratives from some of Charla’s biggest...

Citizens are guaranteed legal representation in criminal cases which may impact their freedom but are not guaranteed representation on issues regarding their physical and mental health, personal safety, government benefits, or housing, which may be life-threatening situations. In Part Two of our discussion, Dan Glazier and Karen Warren detail the assistance Legal Services offers to level the playi...

The justice gap is real. Thousands of Americans face legal situations such as wrongful eviction, denied access to health and other public benefits, or domestic violence with no money for legal representation. Legal Services organizations are the poverty law experts…providing free legal aid and education to our most vulnerable citizens. Dan Glazier and Karren Warren of Legal Services of Eastern Mis...

Intimidated by oral arguments? Appellate law experts Joan Lockwood and Rich Finneran suggest reframing your mindset to create a teaching conversation with the judges rather than simply extending your argument with opposing counsel. Today’s episode also includes tips for preparing more effective oral arguments, how to handle questions from the bench, and a few good reasons to show up to court early...

Don’t wait for the request for appeal to hit your desk to start thinking about appealable issues. Many top firms pay close attention to appeal potential every minute of litigation. Appellate law experts Joan Lockwood and Rich Finneran discuss appellate brief basics, which issues have a greater chance of reversal, and how to prioritize key points. Tune in for tried-and-true tips which could improve...

Trying to settle through mediation? Learn what works and what doesn’t from Hon. Glenn Norton, a former judge on the Missouri Court of Appeals who is now one of the most sought-after mediators in the Midwest. This encore conversation about the legal and psychological nuances of negotiation could make your next mediation more successful.

Are you stuck in a cross-examination rut? In part two of our encore presentation with attorney and author Patrick Malone, you’ll hear thought-provoking techniques to discredit dishonest witnesses, counter common issues and reduce tensions in the courtroom. Attack your next cross-examination with sharper skills and a new attitude based on this lively discussion about Patrick’s new book, The Fearles...

Want to take your cross-examination skills to the next level. In this encore episode, renowned attorney and author Patrick Malone challenges tired cross-examination practices and offers fresh insights on how, when, and where to research witnesses, outlines traps to catch the cherry-pickers and details his “no hands” approach. Join John and Erich in a spirited discussion about Patrick’s new book, T...

You make your case with your experts, but you win your case with theirs. This episode of The Jury Is Out focuses on how to undermine credibility and reveal bias, what to look for in the expert’s prior publications and depositions, how to use industry regulations, and much more. Tune in and take notes… you’ll hear over a dozen specific questions and tactics you can use to get powerful admissions an...

Your expert may know the case file forwards and backward, but are they ready for the opposing council’s cross? Have you provided all materials needed to secure their opinion? And did you prep them on key semantics like the difference between “probable” and “possible”? Erica Slater of the Simon Law Firm joins John and Erich to share tips on how to prepare your expert for depo to help them communica...

Expert witnesses can make or break your case. Not only do they need to understand the facts of the case and the subject matter, but they must also clearly communicate their position to the jury. But you can’t always count on credentials alone. In this encore presentation, Trial attorney Erica Slater of The Simon Law Firm joins John and Erich to discuss expert evaluation strategies that can help av...

Part Two of our discussion on how to take a deposition dives into deeper issues, such as asking the ultimate issue in a case, tips for handling evasive witnesses, and how to get the information you want when the request is deemed overly broad or burdensome. John wraps up our discussion with his most important depo-taking tip; how to remember key points from any deposition and have them at your fin...

According to John Simon, the three most important things to do when taking a deposition are to listen, listen and listen. But after that, what makes the difference between a depo that covers the facts and a depo that closes the case? Attorneys John Simon, Tim Cronin and Erich Vieth discuss when to deviate from your outline, what to do if opposing counsel tries to intimidate you, and why it’s impor...

Of course you know you need to prepare for a depo, but can you improve your preparation? Tim Cronin, John Simon, and Erich Vieth examine research techniques, exhibit organization, and technical considerations that can help you better understand the issues, and your deponent. Tune in for timely tips that will help you feel more confident and better prepared for your next deposition.

A deposition is not a casual conversation. It’s a well-planned, goal-oriented investigation to uncover facts and opinions that will help you establish key points in your case. Do you know what you need from this deponent? Should you stick to a prepared list of questions or go with the flow? And how can you get clues to the opposing side’s strategy and reinforce the strength of your position during...

The purpose of every deposition should be to advance your case. How do you decide which depos are crucial to your case, and which ones you can or should avoid? In the first of several episodes on deposition strategy, Plaintiff attorney Tim Cronin joins John and Erich discuss key considerations regarding the first decision you make when planning your deposition strategy…will this depo hurt me or he...