Back to the Basics of Witness Preparation Techniques

When we’re preparing a client for testimony, whether for deposition or trial, there are basic concepts you need to keep in mind. As trial lawyers, we could be so engulfed in a lot of things that sometimes, we need to step back and look at things from a ground-level perspective. 

In this episode, I’m going to discuss these three basic concepts: teaching, communication, and timing. We’re going to touch on the power of visuals, the things that go into preparing for deposition, and how one-on-one meetings can help clients understand what they’re asking. We want to make sure that we nail down some of these concepts before we get into content.

In this episode, you will hear:

  • Teaching: Use of visual aids, writing vs. reading
  • The value in creating a timeline 
  • Understanding people’s learning styles:  auditory, visual, or combined
  • Using legal and medical terms
  • Keeping clients from information overload or TMI
  • Communication: Primacy and recency
  • Timing: When to start and repetition

Supporting Resources:

If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Video Clips and Focus Groups

Don’t skip out on measuring the credibility of your witnesses and seeing the power of influence that they have over the decision-makers in your case. And one of the best ways to do that is through witness video clips in a focus group. 

In this episode, we discuss the importance and the usability of witness video clips in a focus group. You can better understand how clients are perceived by outsiders. Focus groups can help you identify areas where clients can improve their credibility and provide insights into how they can present themselves better at deposition or trial.

Let’s dive in and learn how the use of witness video clips is an essential component of witness preparation so you can help make your client more effective. 

In this episode, you will hear:

  • Witness preparation is key.
  • The importance of keeping a clear mind.
  • Understanding the value and power of witness testimony.
  • Why start using video clips in focus groups.

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Supporting Resources:

If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Tips for Building Your Team for Jury Selection

When you’re going to get ready for trial, and you’re building your team to help you pick a jury, you don’t actually need a lot of people. Perhaps one to three people would suffice. Building a small group will help things become more structured for you. That being said, you’ve got to pick people that match up with your ideology on picking a jury altogether. Then let them in on what would help you best as a lawyer.

In this episode, I’m sharing my recent experience of helping a fellow lawyer pick a jury. They wanted my perspective as a female trial lawyer so I decided to show up. There were a couple of things that happened on the fly that I’m going to share here, which are things you may want to consider as you’re building your own team for jury selection. 

In this episode, you will hear:

  • A strategy that worked well
  • Different ways of taking notes
  • Things to consider when you’re building a team
  • The benefits of taking notes and having notetakers
  • Why you want to only build a small group

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Focus Groups with Guest Lucas Foust

None of us are smart enough for our audience to even remember anything we’ve ever said. They’re not going to remember anything, but they will remember how we made them feel. Hence, having that sixth sense is what separates great attorneys from the not-so-great.

While you’ll never be able to figure jurors out, you can always at least get a better idea of what is going right and what is going wrong in the cases you’re handling. If you’re interviewing and you want to have a positive result in anything, you should have some background or understanding of that audience. 

In today’s discussion, I’m joined by Lucas Foust to talk all about focus groups, the different focus groups they’re using, and how using them has become a valuable resource.

In this episode, you will hear:

  • Their process of running focus groups
  • The value of figuring out your hits
  • The power of using videos in focus groups
  • The benefits of running virtual focus groups
  • The impact of using checklists
  • Valuable time vs. busy work

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Lucas Foust

Lfoust@foustlaw.net 

Website: https://www.lucasfoustlaw.com/

www.rev.com

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com

Voice Coach Rena Cook on Ways to Empower Your Voice

Many successful attorneys learned to be successful by being louder and stronger. And for women, being louder and stronger doesn’t necessarily mean success. Sometimes louder and stronger means aggressive and shrill. 

In today’s episode, Rena Cook joins us to talk about how she helps women attorneys command a great deal of authority and strength without being shrill, and how you, too, can improve your voice as a trial lawyer.

Rena Cook is a TEDx speaker, author, trainer, coach, and the founder of Vocal Authority, a training consultancy serving corporate clients – attorneys, politicians, teachers, sales teams, and CEOs – who want to use their voices in more commanding and authentic ways. 

Rena is the author of Empower Your Voice: For Women in Business, Politics, and Life; Her Voice in Law published by the ABA; and Voice and the Young Actor, used in drama programs throughout the US and the UK. She co-edited Breath in Action: The Art of Breath in Vocal and Holistic Practice. Rena taught high school drama for 16 years before she graduated to higher education. 

For the next two decades, she taught professionally bound actors, many of whom can be seen on Broadway, film, and television. Through Vocal Authority, Rena adapts actor training techniques to help individuals and groups be more confident and dynamic communicators. 

In this episode, you will hear:

  • Breathing deeply to keep the brain engaged
  • The importance of the last word of sentences
  • Techniques using breath and space to improve your voice
  • The power of change and variety
  • Common mistakes people make with their voice
  • How to plan out your movement on transitions

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Rena Cook

Email: renacook@cox.net 

Website: www.myvocalauthority.com 

Book: Her Voice in Law Purchase here

If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com

How Lawyers Can Build Trust Through Podcasting with Danny Ozment

One of the most effective ways lawyers and other businesses can reach their audience is through podcasting. But without the right tools, the right people, and a clear purpose as to why you’re doing this, it can be so easy to get overwhelmed and lose focus on why you started the podcast in the first place.

Joining us today is podcast producer Danny Ozment and he talks all about podcasting – the benefits of having a podcast, how you can maximize your content, and some strategies to make sure you’re able to produce content consistently. 

As a business owner himself, Danny is aware that he can’t do everything on his own, otherwise his business is never going to grow. And so, he has been advocating for people to do the same, regardless of the industry they’re in.

In this episode, you will hear:

  • Reasons many podcasts don’t make it past 15 episodes
  • How to deal with a creativity block
  • What is ordinary to you is magic to someone else.
  • The value of repurposing content and how it works
  • Tools you can use to help you with repurposing content
  • How podcasting can help you with the trust factor
  • The power of niching down your podcast to a specific audience

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple ‘+’ in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know I sent you.

Cross Exam with Patricia Kuendig and Tanya Ortega

As trial lawyers, we can’t be stagnant. People change, cultures change, our jurors change, and how they process information changes. And so, as trial lawyers, our profession is one where we have to keep working on it until we decide we’re done.

Joining today’s episode are Patricia Kuendig and Tanya Ortega to talk all about cross-exam – the importance of sequencing your cross-examination chapters, the basic structure of a cross-exam, and how to deal with objectors. They also share the value of a game plan with your cross-exam, which allows you to be much more organized and quicker. 

They also talk about women empowerment and how they’re creating a collaborative community of women trial lawyers, because there’s so much comfort in knowing that you’re not alone. Hopefully, these women can tap into the magic that they can create in the courtroom, which is also very different from their male counterparts. As women lawyers, there’s something that we can bring to trials and to our practice, that men cannot. And so, we need to harness that, live the truth, and be the future of the practice.

Patricia has a diverse practice in almost every field, helping a lot of folks all over the country. Whereas Tanya does a lot of Personal Injury cases and Trust Litigation. She also handles Personal Injury, with a specialty in brain injuries.

In this episode, you will hear:

  • The importance of sequencing your cross-examination chapters
  • How to keep your tone 
  • Advice on how to deal with super objectors
  • Collaborating with other women attorneys
  • How to put together a cross-examination

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

If you are interested in attending the September 28 – Oct 1, 2023 cross-exam workshop “She Crosses” please email Patricia or Tanya directly. 

Patricia Kuendig

Email: Patricia@kuendiglaw.com

Learn more: https://www.doddandkuendig.com/our-attorneys/patricia-kuendig/ 

 

 

 

 

 

 

 

 

Tanya Ortega

Email: Tanya@theortegafirm.com

Learn more: https://theortegafirm.com/

 

 

 

 

 

 

 

 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com

Questions to Ask When Fine-Tuning Your Opening Statement

Creating opening statements is one of the common problems we see as trial lawyers. Opening statements are the first look that the jurors have at the case. Naturally, you would talk to them about principles, circumstances, and maybe some rules in jury selection. But a lot of times, once we get to the opening statement, it can get long and drawn out.

In this episode, I will talk about some questions you can ask yourself as you’re fine-tuning your opening statement to ensure you get your message across to the jurors without leaving them confused and frustrated. 

In this episode, you will hear:

  • The “mousetrap” opening statement
  • Understanding the depth of information, knowledge, or experience of the jurors with the facts and circumstances of the case
  • Checking how many times you’re repeating things
  • The importance of identifying your strongest points

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

For a more detailed analysis of the Mouse Trap opening Statement check out this blog. 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com

Focus Groups for Trials

In today’s episode, we talk about focus groups to do for trial, whether that’s 30 days or 60 days before your trial date. You may also choose to do this earlier. But most of the time, there are pending motions that need to be rolled on, such as mediations that people need to get through to get to the point and for them to really speak their minds. 

Listen in to know more about the different focus groups that are geared towards trial and what each focus group entails. The whole purpose of this focus group is because you’re going to trial. Therefore, you have to put in the commitment and the legwork needed for you to get the information you need.

In this episode, you will hear:

  • What a mock trial looks like and its purpose
  • A modified approach to a mock trial or an adversarial group
  • Opening statements of the two parties and discussions based on them
  • Examples of ways to prepare for trial
  • The value of demonstrative evidence

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

If you have questions or a particularly challenging client preparation, email Elizabeth directly for assistance: elizabeth@larricklawfirm.com.

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com

The Before and After Witness Prep Template by Courtney Wilson

Having before and after witnesses is very useful to help tell your client’s story. These witnesses can talk about damages in a way that your client just can’t. Jurors can heavily criticize a client’s testimony and label them a “whiner” or “complainer.” A well-prepared witness is able to talk about the changes in your client’s life in an authentic way.

As trial lawyers, it’s important that we’re able to build a level of trust and comfort with our clients and witnesses. But building that relationship just doesn’t happen overnight. 

In today’s conversation, Courtney Wilson takes a deep dive into the three-step process for building trust with your before and after witnesses. Courtney currently practices personal injury law and medical malpractice law in Mississippi.

In this episode, you will hear:

  • Finding two to three people talking about the client’s experience
  • How to build trust with your before and after witnesses
  • The importance of explaining why testimony is needed for the case
  • Assignments for your witnesses to get more information
  • Why stories are more compelling than an expert talking about the injury
  • Managing the fears and concerns of before and after witnesses

Subscribe and Review

Have you subscribed to our podcast? We’d love for you to subscribe if you haven’t yet. 

We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Supporting Resources:

Courtney Wilson

courtney@tyneslawfirm.com 

Tynes Law Firm

 

 

 

 

Episode Credits:

If you like this podcast and are thinking of creating your own, consider talking to my producer, Danny Ozment.

He helps thought leaders, influencers, executives, HR professionals, recruiters, lawyers, realtors, bloggers, coaches, and authors create, launch, and produce podcasts that grow their businesses and impact the world.

Find out more at https://emeraldcitypro.com