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 01 [1:30:25]
- Introduction
- Working with Difficult Judges Part I
- Working with Difficult Judges Part II
- Working with Difficult Judges Part III
- Working with Difficult Judges Part IV
- Working with Difficult Judges Part V
- Working with Difficult Judges Part VI
- Working with Difficult Judges Part VII
- Working with Difficult Judges Part VIII
- Working with Difficult Judges Part IX
- Working with Difficult Judges Part X
- The Pleasure of Working with a Good or Great Judge
DVD 02 [1:56:37]
- The Funny Judge
- Opening Statement with Difficult Judges
- Seeking a Mistrial
- Offers of Proof
- Ethical Conflicts
- Using the Judicial Cannon
DVD 03 [1:54:12]
- Q&A
- Gender Bias
- The Advantage of Being a Female Trial Lawyer
- Working with Female Judges
- Gender Dynamics in the Courtroom
- Case Selection Red Flags and Working with Difficult Clients (Spouses and Parents)
DVD 04 [46:22]
- Dealing with Abusive Opposing Counsel
- The Mistake of Telling the Judge They are Wrong
DVD 05 Nick Rowley at Take Back the Courtroom IV [1:54:18]
- Introduction
- Getting the Jury to Care about Your Client
- Reconsidering Your Role in Jury Selection
- You Need to Try Cases
- Connecting with the Jury
- Kindness, Caring, and Vulnerability Win Cases
- Proving Your Client Deserves the Verdict is Crucial
- Trying Cases More Quickly and More Effectively
- Keep in Mind the Needs of the Jurors
- There is No Such Thing as a Bad Jury
- Accepting Full Responsibility in Life and in Your Losses
- Connection and Compassion are Your Secret Weapons
- How to Work with a Judge Who is Hurting Your Trial
- Talking to Jurors about Money
- Using Visuals in Presenting Damages
- Losing Trials and Coming Back
- Rick and Nick Discuss the Stigma and Effect of Losing
- A Quick Overview of Nick’s Method of Jury Selection
- Visuals for Noneconomic Damages in a Wrongful Death Case (with Arguments for Other Noneconomic Damages Cases)
- Dismantling the Defense Case Using Visuals
- Damages: Comparing Losses to Material Objects
- Staying Spontaneous with Damages Arguments Based on Evidence and the Venue
- Creating Visuals to Explain Jury Instructions
DVD 06 [1:21:31]
- Revisiting Nick’s Lecture
- The Ethics of Zealous Advocacy
- Common Ethical Problems for Lawyers
DVD 07 [2:25:32]
- Jury Selection in Trump’s America
- Civic Duty Discussion in Jury Selection
- Motions for the Need for More Jury Selection
- Characteristics of Bad Jurors
- Jury Selection
- Polarizing Questions
- Does Asking Questions about Bias Poison the Jury Pool?
- Two Methods of Jury Selection
- Finding “Stuff Happens” Jurors
- Establishing Rapport with the Jury
- Talking about What You Fear Most in Jury Selection
- Vulnerability
- Roadblocks in Jury Selection
- Introduction of Keith Mitnik
DVD 08 [1:31:37]
- The Ten Biggest Mistakes I’ve Made and How You Can Avoid Them
DVD 09 [1:57:15]
- What We Can Learn from Trump’s Election
- Keith Mitnik on Opening Statements, Metaphors, and Analogies
- Three Major Steps to Winning in Opening Statement
- Putting the Defense Arguments in Context
- Putting Car Crash Defenses in Context (Including Prior Degeneration, Treatment Gaps, Minor Impact, and More)
- Discrediting the Defense Expert before They Take the Stand
- Dealing with Aggravation of a Preexisting Condition
- Dealing with Letters of Protection
- Premises Liability Cases
- “Crossing the Defense Expert” in Your Opening
- The Power of Analogy
DVD 10 Sari de la Motte [1:45:45]
- Introduction
- Jurors are Like Hostages
- Changing Jurors from Hostages to Willing Participants
- The Power of Presence
- Breathing
- Four Components of Presence
- Lawyer Perceptions of Jurors
- Nonverbal Body Language in Trial
- Using Space in Trial
- Body Language Associated with Asking for Money
- Charisma
- Q&A
Total running time: 16 hours 54 Minutes