Videos Information

Practicing the Three Rules of Cross

Runtime: 3:56:09

Performed by: Roger Dodd, David Ball and Justin Kahn

Methods & Techniques Discussed:(not limited to those listed)

  • How Lawyers Learn Best (and Juries, Too) — By Doing Trial Skills

  • How Preparation Frees Inhibitions

  • How to Better Connect to Juries

  • Preparation to Build Comfort and Confidence

  • How Best to Create and Build Emphasis

  • How to Avoid the Appearance of Bullying or Demeaning the Witness

  • Why to Avoid Open-Ended Questions and the Long-Term Effect of Ignoring That Danger

  • Cross-Examining More Safely Rather Than Less Safely

  • Detailed Facts Teach Better Than Conclusions

  • The Difference Between Constructive Cross and Destructive Cross

  • When and How to Select Words

  • Using Notes and Going Without Notes

  • Building Confidence

Cross-Examination in Trucking Cases

Runtime: 3:12:30

Performed by: Roger Dodd & Joe Fried

Methods & Techniques Discussed: (not limited to those listed)

  • Integrating the Specific Narrative Into Major Cross-Examinations at Depositions and Trial

  • Narrowing the Focus Within the Narrative

  • Examples of Fatigued Drivers, Extreme Caution, Scanning While Driving, and Attitude While Driving

  • Making Adverse Witnesses Want to Like You on Cross

  • Measuring Tone, Conversation, and Personalization

  • Having a Plan

  • Sudden Emergencies

  • Knowing When to Hold Back Techniques From Deposition

  • Sequencing

  • Goals at Deposition

  • Objections at Depositions

  • Managing Fear While on Cross

Cross-Examination of an Investigating Officer

Runtime: 3:16:01

Performed by: Joseph Low
With commentary and analysis by Roger Dodd

Methods & Techniques Discussed:(not limited to those listed)

  • Cross-Examination of an Investigating Officer

  • Bifurcated trial for Liability and for Damages

  • Cross reacting to the Demeanor of Witness

  • Chapters on Body Language

  • Explaining ‘Why’ to the Jury Without Using the ‘Why?’-Phrased Question

  • Singling Out Jurors for Specific Chapters

  • Avoiding Emotional Over-Selling

  • How to Avoid Tone of Questions That Evoke Fear or Judgment in Jurors

  • Low-Tech Demonstratives

  • Pretrial Drafts

  • Credibility Cross

  • Reflecting the Judge’s Degree of Care

  • Grey Areas: Whether and When to Do It

  • Asking Questions the Jury Wants to Ask

  • Preparation of Cross

  • Cross of Suppression of Information

Constructive Cross for Depositions and Trials

Runtime: 3:11:22

Performed by: Roger Dodd, Matthew A. Dodd and Patricia C. Kuendig / Co-produced by Kimberly McCoggle

Methods & Techniques Discussed:(not limited to those listed)

  • Comparing and Contrasting Cross for Trial and for Depositions

  • Developing Chapters and Sequence of Chapters

  • Imagining and Visualizing Cross Chapters Including Word Selection

  • Prepare, Listen, and Practice

  • Comparing Different Generations of Cross-Examiners and Male and Female Lawyers

  • Quoting Bad Language on Cross

  • Negative Imaging

  • Teaching at Depositions to Drive Settlements

  • “I Don’t Know” Witnesses and How to Turn Them to Our Side

  • How to Build “Lock-In” Chapters

  • The Difference Between Teaching and Advocating

  • Documents at Deposition Cross

Cross-Examination of an Orthopedist (Dr. Jones) – Part 1

Runtime: 3:56:23

Performed by: Brian Panish & Spencer Lucas
With commentary and analysis of Brian Panish’s cross-examination.

Episode 1—Methods & Techniques Discussed: (not limited to those listed)

  • Bus Reconstructionist and Bio-Mechanical Expert

  • Bias, Interest, and Motive

  • Cross-Examination of Failure to Produce

  • Expert Fees and Discount

  • Use of Deposition for Impeachment

  • Opening Sequence of Cross on Expert

  • Common Spontaneous Loops for Experts

  • Cross of Expert CV

  • Access to Witness’s Notes While on the Stand Testifying

  • How Volume of Cross-Examiner’s Voice Impacts Dramatic Moments

Cross-Examination of an Orthopedist (Dr. Jones) – Part 2

Runtime: 3:56:23

Performed by: Brian Panish & Spencer Lucas
With commentary and analysis of Brian Panish’s cross-examination.

Episode 2—Methods & Techniques Discussed: (not limited to those listed)

  • Primacy and Recency

  • Reversal

  • Using Witness’s Titles

  • Relying on the Three Rules

  • Confronting Witness with Retractions

  • Confronting Witnesses with Lies and Intentions

  • Overcoming Obstructive Objections

  • Examples of Ways to Control an Evasive Expert Witness

  • The Effective Use of Constructive Cross

Cross-Examination of Medical Expert (Dr. Fromer)

Runtime: 3:33:57

Performed by: Adam Slater
Commentary and analysis of Adam Slater’s cross-examination by Roger Dodd.

Methods & Techniques Discussed: (not limited to those listed)

  • Constructive Cross of Doctor in Pain Sequences and Medical Malpractice

  • Sequence of Cross, Especially the Starting and Ending of the Cross-Examination

  • Use of Writing Report or Deposition, and Factors to Consider

  • Preferable Speeds of Cross

  • Inferences Ask or Permit the Jury to Use Their Judgement

  • Significance of Page and Line Number

  • “What Not Done” Chapters and How to Make Them Bigger

  • When Experts Use Conclusions

  • How to Give a Closing Argument in Cross-Examination

Cross-Examination of Medical Expert (Dr. Amos)

Runtime: 3:16:45

Performed by: Roger Dodd & Sean Claggett
With commentary and analysis of Sean Claggett’s cross-examination.

Methods & Techniques Discussed: (not limited to those listed)

  • Cross of Opposing Doctor Expert

  • Expert Impeachments from Websites

  • Cross of the Expert “I Don’t Know” Witness

  • Spontaneous Loops of the “I Don’t Know” Expert Witness

  • Linguistics

  • Listening for Spontaneous Loop Opportunities

  • Examples of “Don’t Start” Questions

  • Constructive Cross-Examination

  • Conclusions and Losing Control

  • How Experts Hide Behind Conclusions

  • “Why?” Questions Inviting Danger

  • Demeanor of Cross-Examination

  • Cross of Expert Who Tries to Use Ethics Justifications

  • “What Not Done” Chapters

Cross-Examination in Medical Malpractice Cases

Runtime: 3:32:01

Performed by: Roger Dodd & Lloyd Bell
With commentary and analysis of Lloyd Bell’s cross-examination.

Methods & Techniques Discussed: (not limited to those listed)

  • Calling Opposing Party’s Witnesses for Cross-Examination

  • Calling Opposing Party’s Witness for Constructive Cross-Examination

  • Delivering Testimony in the Form of Chapters and Chapter Bundles

  • Using Demonstrative Evidence in Cross-Examination

  • Performing Serial Impeachments

  • Making Impeachments More Memorable

  • Listening for Spontaneous Loop Opportunities and Recency to Close a Cross-Examination

Winning Acquittals Against All Odds CROWN v NAV

Runtime: 3:23:42

Performed by: Edward Henry KC and Jessica Clarke

Synopsis:
A presentation of Barristers from the United Kingdom, including Queen’s Counsel Edward Henry, and Jessica Clark.  The topics range far and wide with views from England, and contrasting American view-points.  Their accents are so regal that they alone are worthy of listening.

Methods & Techniques Discussed: (not limited to those listed)

  • Narratives and How to Present Them

  • Theories of the Case

  • Themes of the Case

  • Strategy on Right to Silence (or the 5th Amendment in America)

  • History of Trial Law

  • Trials and Their Affects on Closing Argument or Summation

  • On Cross – Comparative Legal Systems

Advanced Cross-Examination in 3 Venues – EPISODE 1 OF 6

Performed by: Roger J. Dodd

Episode 1—Methods & Techniques Discussed: (not limited to those listed)

  • Over-arching principles

  • Relationship of Deposition to Trial

  • Principles applied to Depositions

  • Constructive Cross

  • Teaching facts instead of conclusions

Advanced Cross-Examination in 3 Venues – EPISODE 2 OF 6

Presented by: Roger J. Dodd

Episode 2—Methods & Techniques Discussed: (not limited to those listed)

  • Objections that Impact Cross-Examination in Depositions and Trial

  • The Three Rules

  • Bias, Interest, Motive

  • ‘Chapters’  I

Advanced Cross-Examination in 3 Venues – EPISODE 3 OF 6

Performed by: Roger J. Dodd

Episode 3—Methods & Techniques Discussed: (not limited to those listed)

  • ‘Chapters’ II

  • ‘Chapters’ Nuances

  • ‘Chapters’ Relationship to Opening Statements

Advanced Cross-Examination in 3 Venues – EPISODE 4 OF 6

Performed by: Roger J. Dodd

Episode 4—Methods & Techniques Discussed: (not limited to those listed)

  • Experts

  • Deposition ‘Chapters’

  • Page Preparation for Cross

Advanced Cross-Examination in 3 Venues – EPISODE 5 OF 6

Performed by: Roger J. Dodd

Episode 5—Methods & Techniques Discussed: (not limited to those listed)

  • Bait

  • Sequences at Depositions

  • Sequences at Trial

  •  Breaks at Depositions

  •  Transitions

  •  Risk / Benefit

Advanced Cross-Examination in 3 Venues – EPISODE 6 OF 6

Performed by: Roger J. Dodd

Episode 6—Methods & Techniques Discussed: (not limited to those listed)

  • Trilogies

  • Answering “Yes”

  • More on Experts

  • “I don’t know” and “I don’t remember” Witnesses

  •  20 Ways to Control the Difficult Witness

Advanced Cross Examination: Remote (Zoom) Cross – EPISODE 1

Performed by: Roger J. Dodd

Episode 1: Emphasis on Remote (Zoom) Cross featuring Spontaneous Loops and 20 Ways to Keep Control of a Witness

Methods & Techniques Discussed: (not limited to those listed)

  • One Complete Integrated Trial System

  • Keep Quality, but Save Time in Preparation

  • Controlling Ourselves – Reduce Our Fear and Anxiety

  • The Skill of Listening in Cross-Examination

  • Loops

  • Double Loops  – Works on Expert Cross-Examination

  • Spontaneous Loops

  • Control Techniques in Zoom Applications

Advanced Cross Examination: Remote (Zoom) Cross – EPISODE 2

Featuring: Chuck Rathburn

Episode 2: Emphasis on CAMERA CROSS, Featuring Constructive Cross-Examination in both Depositions and Trial

Methods & Techniques Discussed: (not limited to those listed)

  • Verbal Requests for Admissions on Cross-Examination at Depositions

  • Listening in Cross-Examination

  • Storytelling

  • Neuroscience

  • Word Selection

  • Making Their Expert Our Expert

  • Chapters in Depositions and in Zoom Depositions

  • Chapters Based on Feelings

Advanced Cross Examination: Remote (Zoom) Cross – EPISODE 3

Performed by: Roger J. Dodd

Episode 3: Emphasis on CAMERA CROSS, Featuring Preparations Before the Camera Rolls and Other Considerations

Methods & Techniques Discussed: (not limited to those listed)

  • Techniques that Work Better in Zoom

  • Zoom Fatigue and Solutions

  • Distractions Compared to Live Venues

  • Zoom Focus is Different

  • Distractions That Can be Controlled or Eliminated

  • Solutions when Technology Fails

  • Establishing Protocols that work on Zoom

  • Being Responsible for Entire Team

  • Cross-Talk in Zoom

Advanced Cross Examination: Remote (Zoom) Cross – EPISODE 4

Performed by: Roger J. Dodd

Episode 4: Emphasis on CAMERA CROSS, Featuring Viewing Considerations and Playing at Trial Considerations

Methods & Techniques Discussed:(not limited to those listed)

  • Handling Documents in Zoom

  • Relevant and Really Relevant in Zoom

  • Rehearsals in Preparations

  • Having Back Ups

  • Where are the Eyes?  Their Importance.

  • Desktop? Laptop? Smartphone?

  • What else is in the Background?

  • Shadows with all the Participants