Overview:
This presentation emphasizes the importance of direct examination in trial advocacy, highlighting how a strong case is built not just by exploiting the weaknesses of the opposing side but by presenting compelling and credible testimony. We’ll focus on how to effectively use direct examination to tell a witness's story through a narrative lens, making it engaging and believable for the jury. The attorney's role is to support the witness while allowing their story to take center stage. This partnership between attorney and witness is crucial for ensuring the jury remains focused on the testimony, not the lawyer.
Target Audience:
- Trial Attorneys (Criminal & Civil)
- ADR
- Negotiations
- Arbitration
Basic Knowledge:
Trial Skills (beginner, intermediate, advanced)
Curriculum
Total Duration: 2 Hours
What is the primary purpose of direct examination in a trial, and how does it differ from cross-examination?
How can a witness's credibility be established during direct examination, and what techniques are most effective?
In what ways does the attorney's preparation influence the outcome of a direct examination?
What role does storytelling play in direct examination, and how can it impact the jury's perception of the witness's testimony?
How should an attorney handle objections during direct examination, and what strategies can be employed to minimize interruptions?
Discuss the importance of open-ended questions during direct examination. How do they differ from leading questions?
What are some common pitfalls attorneys might encounter during direct examination, and how can they avoid them?
How can visual aids or demonstrative evidence enhance a direct examination, and what are some guidelines for their effective use?
In what ways does the demeanor of a witness affect the effectiveness of direct examination?
How can an attorney effectively elicit emotional responses from the jury through direct examination?
Discuss the significance of the order in which witnesses are presented during direct examination. How can this impact the overall case?
How should an attorney prepare a witness for direct examination, and what key points should be covered in this preparation?
What ethical considerations should attorneys keep in mind when conducting a direct examination?
How can cultural differences affect the way witnesses respond during direct examination, and what should attorneys be aware of in these situations?
In what ways can the use of technology, such as video depositions, influence the approach to direct examination in modern trials?