Take Back the Courtroom IV

Overcoming Challenges in Trial

Rick Friedman, Randi McGinn, Roger J. Dodd, Nicholas Rowley, Keith Mitnik & Sari de la Motte

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Take Back the Courtroom IV: Overcoming Challenges in Trial features an all-star group of lawyers sharing the stage: Rick Friedman, Roger Dodd, Randi McGinn, Nick Rowley, and Keith Mitnik—as well as communications consultant Sari de la Motte.

This presentation primarily deals with how to work with difficult judges, abusive opposing counsel, and challenging clients. Rick, Randi, and Roger discuss the types of judges that can be problematic to your case, how to work with them, and how to win despite the challenges these judges can create. They then exchange advice about how to deal with common challenges with opposing counsel and difficult clients.

In addition, the speakers cover a wide range of rarely discussed and important topics. Rick delivers his most personal speech to date on the ten greatest mistakes he has made in his career and how you can avoid them. Randi talks about gender dynamics in the courtroom and some of the benefits of being a female trial lawyer. Roger brings up ethical issues that arise in response to difficult judges and unethical tactics by opposing counsel. Nick and Keith separately develop competing ideas about voir dire: Nick’s method of building a group and keeping most jurors versus Keith’s more traditional method of juror deselection through cause and peremptory strikes. And Sari shows how improving your methods of communicating with jurors can help increase your case outcomes.

This video is filled with meaningful discussions between the speakers about important areas of practice, including how to talk about money with jurors, innovative methods for uncovering jury bias, the importance of trying cases to getting better settlement offers, and much more.

*Please note: This video set includes highlights from an exclusive $1,200 live event for lawyers. Certain exclusive content has not been included to preserve the value of attending the live event. Similarly, this set does not include the extensive written materials from the conference. Visit our Seminars & CLE page to find the next comprehensive Trial Guides seminar where you will learn even more.

DVD: 1014 minutes; 10 discs; First edition (2018); ISBN: 978-1941007761
Publisher: Trial Guides, LLC

DVD 01 [1:30:25]

  1. Introduction
  2. Working with Difficult Judges Part I
  3. Working with Difficult Judges Part II
  4. Working with Difficult Judges Part III
  5. Working with Difficult Judges Part IV
  6. Working with Difficult Judges Part V
  7. Working with Difficult Judges Part VI
  8. Working with Difficult Judges Part VII
  9. Working with Difficult Judges Part VIII
  10. Working with Difficult Judges Part IX
  11. Working with Difficult Judges Part X
  12. The Pleasure of Working with a Good or Great Judge

DVD 02 [1:56:37]

  1. The Funny Judge
  2. Opening Statement with Difficult Judges
  3. Seeking a Mistrial
  4. Offers of Proof
  5. Ethical Conflicts
  6. Using the Judicial Cannon

DVD 03 [1:54:12]

  1. Q&A
  2. Gender Bias
  3. The Advantage of Being a Female Trial Lawyer
  4. Working with Female Judges
  5. Gender Dynamics in the Courtroom
  6. Case Selection Red Flags and Working with Difficult Clients (Spouses and Parents)

DVD 04 [46:22]

  1. Dealing with Abusive Opposing Counsel
  2. The Mistake of Telling the Judge They are Wrong

DVD 05 Nick Rowley at Take Back the Courtroom IV [1:54:18]

  1. Introduction
  2. Getting the Jury to Care about Your Client
  3. Reconsidering Your Role in Jury Selection
  4. You Need to Try Cases
  5. Connecting with the Jury
  6. Kindness, Caring, and Vulnerability Win Cases
  7. Proving Your Client Deserves the Verdict is Crucial
  8. Trying Cases More Quickly and More Effectively
  9. Keep in Mind the Needs of the Jurors
  10. There is No Such Thing as a Bad Jury
  11. Accepting Full Responsibility in Life and in Your Losses
  12. Connection and Compassion are Your Secret Weapons
  13. How to Work with a Judge Who is Hurting Your Trial
  14. Talking to Jurors about Money
  15. Using Visuals in Presenting Damages
  16. Losing Trials and Coming Back
  17. Rick and Nick Discuss the Stigma and Effect of Losing
  18. A Quick Overview of Nick’s Method of Jury Selection
  19. Visuals for Noneconomic Damages in a Wrongful Death Case (with Arguments for Other Noneconomic Damages Cases)
  20. Dismantling the Defense Case Using Visuals
  21. Damages: Comparing Losses to Material Objects
  22. Staying Spontaneous with Damages Arguments Based on Evidence and the Venue
  23. Creating Visuals to Explain Jury Instructions

DVD 06 [1:21:31]

  1. Revisiting Nick’s Lecture
  2. The Ethics of Zealous Advocacy
  3. Common Ethical Problems for Lawyers

DVD 07 [2:25:32]

  1. Jury Selection in Trump’s America
  2. Civic Duty Discussion in Jury Selection
  3. Motions for the Need for More Jury Selection
  4. Characteristics of Bad Jurors
  5. Jury Selection
  6. Polarizing Questions
  7. Does Asking Questions about Bias Poison the Jury Pool?
  8. Two Methods of Jury Selection
  9. Finding “Stuff Happens” Jurors
  10. Establishing Rapport with the Jury
  11. Talking about What You Fear Most in Jury Selection
  12. Vulnerability
  13. Roadblocks in Jury Selection
  14. Introduction of Keith Mitnik

DVD 08 [1:31:37]

  1. The Ten Biggest Mistakes I’ve Made and How You Can Avoid Them

DVD 09 [1:57:15]

  1. What We Can Learn from Trump’s Election
  2. Keith Mitnik on Opening Statements, Metaphors, and Analogies
  3. Three Major Steps to Winning in Opening Statement
  4. Putting the Defense Arguments in Context
  5. Putting Car Crash Defenses in Context (Including Prior Degeneration, Treatment Gaps, Minor Impact, and More)
  6. Discrediting the Defense Expert before They Take the Stand
  7. Dealing with Aggravation of a Preexisting Condition
  8. Dealing with Letters of Protection
  9. Premises Liability Cases
  10. “Crossing the Defense Expert” in Your Opening
  11. The Power of Analogy

DVD 10 Sari de la Motte [1:45:45]

  1. Introduction
  2. Jurors are Like Hostages
  3. Changing Jurors from Hostages to Willing Participants
  4. The Power of Presence
  5. Breathing
  6. Four Components of Presence
  7. Lawyer Perceptions of Jurors
  8. Nonverbal Body Language in Trial
  9. Using Space in Trial
  10. Body Language Associated with Asking for Money
  11. Charisma
  12. Q&A

Total running time: 16 hours 54 Minutes