Jack has developed many innovative presentations on trial craft and unusual areas of law. He can present them in person or via webinar.
Nine samples are provided below. Scroll down and click for a preview.
Civil Depositions: Advanced Techniques
Depositions are a crucial feature of the discovery process but most lawyers, on both sides of the table, do not know what they are doing. Far too many do not understand the true purposes of depositions and how they fit into a larger trial strategy. In this presentation, Jack shares some advanced techniques for taking and defending depositions. His advice challenges much of the “common wisdom” that results in ineffective examinations.
Cross Examination: Advanced Techniques
Cross examination is often thought of as the glamour event at trial. All too often, however, it falls flat or, worse, backfires. This is because inexperienced “litigators” do not know their limitations, spend too much time reading scripted questions, and do not listen to the answers. All these common practices are mistakes to avoid. In this presentation, Jack shares advanced techniques for cross examination, ones he has used on hundreds of witnesses.
How to Defend a Rule 10b-5 Case at Trial
Securities fraud cases remain a huge industry. According to Cornerstone Research, 2019 saw the most filings of any year on record. But almost none of those cases ever go to trial. Why? The defendants avoid risk and settle, in no small part because they do not know how to try a securities case. Jack is one of the few lawyers in the country who has successfully tried a Rule 10b-5 case on behalf of a defendant. In this presentation, he shares important strategies for preparing and winning a securities fraud case.
How to Talk to Law Enforcement
Every year, countless people end up in prison because they thought they could “talk their way out of it.” This is particularly true of “white collar” defendants. Over and over, people make the mistake of talking to law enforcement unrepresented and unprepared. This is always a mistake. There is never a good reason to speak to any law enforcement officer without proper representation and careful preparation. In this presentation, Jack explains the risks and how to avoid them.
How to Win at Trial
This is what it is all about. Jack has won almost every type of trial: jury trials, bench trials, arbitrations, and administrative proceedings. The key to winning is starting early and preparing the case for trial from the beginning. In this presentation Jack shares his experience and explains how trial preparation should permeate every aspect of “litigation” from the moment counsel is retained.
Picking and Persuading Juries
One of the most common reasons cases settle is because litigants, and their lawyers, are afraid of juries. They worry that jurors “won’t understand the case,” “will be biased,” and are “a wildcard.” These are misconceptions and excuses for lawyers who are afraid to try cases. Jack has never shied away from a jury and has had years of success persuading them. In this presentation, he presents some of the important lessons he has learned. Click here for more information about how Jack can help you conduct effective jury research.
So, You Have to Be a Witness
Most examinations at trial are not a fair fight. The witness has never been there before. They are being questioned by lawyer who does cross examination for a living and who has had time to prepare. Unfortunately, what most lawyers call “witness prep” makes things worse. The witness is terrified and bungles easy questions. It should not be this way. Jack has spent his career working with every type of witness and, in this presentation, he explains key techniques and pitfalls to avoid.
The Privilege Trap
In recent years, clever lawyers have begun constructing a “privilege trap.” Most lawyers walk their clients right into it. If you do not know what that trap is, how to set it, and how to avoid it, then this presentation is for you.
All lawyers are trained in written argument. Most are trained in oral argument. But virtually none are trained in visual argument. That is a serious shortcoming because trials are visual presentations and jurors retain much more of what they see than what they hear. Jack’s class on Visual Argument has been called “groundbreaking” and the “best CLE ever!”