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Witness Preparation

With Eggs and Arguments, Keep the Sunny Side Up, But Cook Both Sides

By: Dr. Ken Broda Bahm For the litigator preparing a witness or working up an opening statement, there is an important question of whether you should just make your own case, or identify and respond to the arguments likely to be offered by the other side.  For the witness, should you cover in direct what you expect will be hit on cross, […]

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Take a Discovery Lesson From ‘The Social Network’

by: Dr. Ken Broda Bahm From “To Kill A Mockingbird,” all the way to “My Cousin Vinnie,” the world of cinema is filled with great trial stories.  In virtually all of them, the heart of the drama is played out in a courtroom, in front of a jury, through powerful openings, closings, and witness examinations. 

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Offense Can Be the Best Defense: Train Your Witness to Fight Back in Cross

by: Dr. Ken Broda Bahm Your expert witness is on the stand as cross begins.  Where he previously was clear, confident, and informative with you in direct, he is now simply saying “yes,” and “that’s right” to a series of statements made by opposing counsel.  “So you agree that my company completed years of testing

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