Seminar Number

117614

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CLE Hours
(Self-Study Only)

6 CLE Hours
including
1 Professionalism
Hour and
6 Trial
Practice Hours

THEORY TO VERDICT '11

RECORDED MARCH 4, 2011

Roger J. Dodd–Partner, Spohrer & Dodd, P.A., Jacksonville, Florida and Dodd & Burnham, P.C., Valdosta, Georgia. Roger Dodd is Board Certified by the National Board of Trial Advocacy in both civil and criminal trial practice. He has been listed in The Best Lawyers in America since 1991, Martindale Hubbell’s Bar Register of Preeminent Lawyers since 1991, and included in Super Lawyers in Georgia since its inception. Mr. Dodd is a Fellow of the American Academy of Matrimonial Lawyers. Since 1996, he has been a frequent guest commentator on Court TV, CNN, ABC, CBS and cable. His law practice emphasizes plaintiffs’ serious or catastrophic personal injury and wrongful death, trucking and aviation cases.

Larry Pozner is a founding partner of the 21 lawyer litigation firm Reilly Pozner LLP. His national practice centers around complex commercial litigation, (plaintiff and defense) and criminal defense cases. He frequently works in the financial services sector, handling such matters as defense of trade secrets, sub-prime mortgage issues, and investment litigation. Among other high-profile clients, Mr. Pozner is litigation counsel to the Denver Broncos football franchise. He is co-author (with Roger J. Dodd) of America’s best selling book on cross-examination, Cross-Examination: Science and Techniques, Second Edition (Lexis Nexis). Mr. Pozner has been listed in The Best Lawyers in America for 20 consecutive years, and has been named a Colorado Super Lawyer and a Top 50 Colorado lawyer.

Mr. Pozner is a Past President of the 10,000 member National Association of Criminal Defense Lawyers. He served many years on the faculty of the University of Denver Sturm College of Law, where he was voted Best Professor. Mr. Pozner is a nationally recognized legal commentator and lecturer, and has presented more than 400 seminars in 48 states on trial tactics and cross examination. He consults on cross examination drafting and strategy and jury selection. He served as the NBC News legal analyst for the Oklahoma City Bombing trials and the Jon Benet Ramsey case. He has frequently appeared on such shows as the NBC Today Show, Countdown with Keith Olbermann, Fox News, CNN, and Court TV.

Theory to Verdict
Roger J. Dodd
Larry Pozner

Overriding Principles
• Maximizing facts/Not law
• How juries learn—efficient real time learning
• The lawyer as a teacher and guide
• Efficient real time learning

Constructive Learning
• Consistent teaching in directs and crosses
• Integration in openings and closings
• Easier preparation

Theory, Theme and Theme Lines
• Refining your theory through positive feedback
• Evolution of the theory
• Theme lines that touch the fact finder

Developing Major Cross-Examinations First
• Integrating theory into cross-examination
• Finding and capitalizing on theme lines
• Reducing stress on your directs

Voir Dire
• Sensitizing and conditioning the listeners
• Exploring bias, interest, & prejudice
• Bad news—how to deal with it

Direct Examination
• Chapter method
• Demonstrative evidence and other visuals
• When to redirect

Openings
• Theory driven
• Fact intensive
• Telling and showing the story

Closings
• Integration of theory
• Oratorical devices
• Empowering and motivating the jury

Twelve Ways to Adapt for Bench Trial and
Non-Jury Hearings