Trial Mastery: Developing a Winning Strategy and Preserving Critical Issues (On-Demand)

Course Description

This course provides trial attorneys with essential strategies to enhance courtroom performance and ensure appellate success. Topics include preserving issues for appeal, managing key evidentiary challenges, handling jury instructions, and avoiding common briefing mistakes. With insights from appellate practice, participants will learn how to create a solid record, protect their client’s position, and navigate post-judgment issues effectively.

Syllabus

1. The Importance of the Record:
   • “Rule Zero”: If it isn’t on the record, it didn’t happen
   • Tips for creating a strong record, including objections and motions
2. Preserving Key Issues for Appeal:
   • Strategies for maintaining claims and defenses
   • Making a proffer to preserve excluded evidence
3. Managing Evidentiary Challenges:
   • Updates to FRE 702 and implications for expert opinions
   • Effective objection techniques for excluded or admitted evidence
4. Handling Jury Instructions:
   • Proposing and objecting to jury instructions
   • Addressing erroneous or refused instructions on the record
5. Avoiding Common Briefing and Post-Judgment Mistakes:
   • Structuring arguments effectively in appellate briefs
   • Calculating deadlines and managing attorney fees, costs, and stays
6. Top Tips for Protecting Judgments on Appeal:
   • Identifying waived issues and defects in the record
   • Strategic enforcement of judgments