Trial Techniques: A Practical View from Those in the Field (On-Demand)

General Credits:
Original Date Of Course:



Course Description

The course will examine the potential upsides and downsides of various trial techniques including whether and under what circumstances to do opening statements; the limitations imposed by the rules of evidence; how to handle witnesses who are undisputedly lacking in credibility; how to interact with the Judge in bench trials; and the importance of witness preparation.


  • The discussion with your client: to go to trial or not to go to trial- a discussion that begins early and evolves to the end
  • Trial preparation: what it means for the lawyer, and for the client
    • Tasks (Statements of Proposed Dispositions/Pre-Trial Memorandum; Exhibit Lists, Witness Lists, Outlines, Prep)
    • Time and Costs
  • Opening Statements: Overrated? Critical? None of the above?
  • The Rules of Evidence:
    • General Discussion
      • Few Codified Rules
      • Value of a Bench Memo
    • Frequent Issues
      • Party Statement
      • Hearsay
      • Business Records
      • Text Messages and Emails
      • Recordings
      • Photographs
      • Summary of Voluminous Records
      • Impeachment/refreshing recollectio
    • Use of depositions
  • Direct vs. Cross Examination
    • Make your case
    • Less is best (including objections)
    • With very limited exceptions, don’t take risks
  • Closing Statement: Necessary? Does a post-trial brief suffice?
  • How to address counsel fee requests at trial: live testimony or papers?


Alan R. Feigenbaum, Esq. and Dan Rottenstreich, Esq.


Credit Details

Course Type

Course Instructor

Alan R. Feigenbaum, Esq., Dan Rottenstreich, Esq.

Original Date Of Course

General Credits