- (a) Knowledge and understanding of how to communicate effectively by enhancing storytelling skills: 1. Messages must humanize, dramatize, and organize. 2. Verbal content must be clear. 3. Paralinguistics should reinforce content.
- (b) Learn how to develop a case theory (your side’s version of what happened): 1. Use themes and labels. 2. Select a theory-your client’s version of what happened-incorporate facts and legal elements. 3. Establish your client as the “good guy.”
- (c) Craft a compelling opening statement: 1. Establish a trial vocabulary. 2. Select themes and labels that summarize your case. 3. Outline the story and use certain buzzword (words that express the key legal concepts and facts). 4. Do three things in the first three minutes—grab attention, state themes, give short overview.
- (d) Conduct a direct examination: 1. Let the witness be the star - 5 WH questions. 2. Do not tell the trier of fact what happened. Recreate what happened through the witness’ eyes. 3. Learn to structure a clear, simple, logical direct examination. 4. Learn to incorporate “bad” facts.
- (e) Conduct a cross examination: 1. Learn how to control a witness. 2. Formulate leading questions to keep the witness to short answers. 3. Utilize techniques to elicit favorable information for your side and expose weaknesses in the witness’ testimony.
- (f) Develop a closing statement based upon facts divulged during the examinations: 1. Learn how to use the facts that come out at trial to make an effective closing statement. 2. Make concise impactful points. 3. Utilize the theory, theme, and labels.