Advanced Witness Preparation: The Psychology, Tools, and Methods of Bulletproofing and Empowering Witnesses During COVID and Beyond
On Demand
Thursday, September 17, 2020
Part 1: Helping the Bad Witness Get an A+
2:00 - 2:10 p.m.
Welcoming Remarks and Introductions
2:10 - 2:40 p.m.
The Challenges of Zoom vs. In-Person Witness Preparation
- Bad News vs. Silver Linings of COVID
2:40-3:10 p.m.
What You Must Teach Your Witness About Zoom
- Making Your Client Virtually Proficient
3:10-3:40 p.m.
How Do the Keys to Successful Preparation Change?
- The Virtual Attorney-Client Relationship
- Star Witness Prep System
- How do some of the Tools and Techniques presented in Harvesting Witnesses’ Stories work effectively, efficiently and effortlessly in virtual as well as “in room” witness preparation?
3:40-3:45 p.m.
Closing Remarks
Thursday, September 24, 2020
Part 2: The Difficult Witness
2:00-2:10 p.m
Welcoming Remarks and Introductions
2:10-2:40 p.m.
Advanced Legal Considerations in Witness Prep
- Duty to prepare
- Witness conduct
- Work product vs. privilege
- Refreshing recollection
2:40-3:10 p.m
Preparation of Clients Using Case Land Mines, Rebuttals, and Themes
- Avoiding compromise of the prima facie case
- Defenses: spoken and unspoken
- Reframing bad facts
- Biases – heroes vs. victims
- Defense exhibits, including medical records
3:10-4:10 p.m.
Advanced Methods for Dealing with Witnesses with Challenges, Problem Witnesses, and Impossible Witnesses
- Talks too much
- Can't express emotion
- In denial
- Feels guilty
- Memory problems
- Crazy
- Angry
- Withdrawn
- Sexually traumatized
- Brain injured
- Addiction issues
- Criminal issues
- Doesn't speak English
4:10-4:15 p.m.
Closing Remarks
Thursday, October 01, 2020
Part III: Experts - Making Yours Outshine Theirs
2:00-2:10 p.m.
Welcoming Remarks and Introductions
2:10-2:40 p.m.
Who is the Client: Family, Parents, Trustees, Spouses?
- Who can be present during prep?
- When is communication privileged?
- Ethical disclosures
2:40-3:10 p.m
Before and After Witnesses
- Building damages without plaintiff
- Avoiding overstatement
- Making the plaintiff a hero, not a victim
3:10-3:40 p.m.
Law of Expert Deposition Preparation
- What is privileged?
- Disclosure: state vs. federal requirements
3:40-4:10 p.m.
Advanced Expert Preparation - What Makes an Expert Extraordinary
- Evaluating your expert: When is an expert witness persuasive?
- What every expert should be like and know about testifying
- Experienced vs. inexperienced witnesses
4:10-4:15 p.m.
Closing Remarks
