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As every trial lawyer knows, the best story wins. Stories are the ultimate tools of persuasion. They are the emotional glue that connects you, the expert witness, to the jury. You may be the most skilled, the most educated, and the most respected expert in your discipline, but, in the courtroom, this is not enough. To be persuasive, you need to frame your direct testimony into a compelling narrative so that jurors don’t just listen—they care and embrace your opinions.
Many expert witnesses think of themselves as the deliverers of facts and opinions and often do not recognize that they have a story to tell. They are typically very factual, speak tech talk, and deliver testimony without much flavor. The result is that the jurors will become bored and confused, and opposing experts will cancel each other out.
In this workshop, forensic expert Michael Kaplan and jury trial consultant and communications specialist Jesse Wilson will identify and explore the powerful storytelling skills that transform technically accurate, matter-of-fact testimony into a story that will persuade the jurors. Through the expert testimony of our attendee volunteers, Jesse and Michael will demonstrate the incorporation of these skills into expert testimony, transforming otherwise factual and accurate testimony into powerful stories that become compelling expert testimony.
Program Agenda
Defining the role of the expert witness and the underlying problem. Distinguishing between that which is interesting and compelling and that which is factually accurate and boring.
Identification of the obstacles that experts encounter that keep them from delivering the most interesting and compelling testimony.
Creating the timeline of an expert’s testimony and identifying those points that are ripe for a story.
Identifying crossroads and crafting the expert’s story.
Transforming dry testimony into a compelling and persuasive story.
Learning Objectives
List the factors that prevent experts from delivering their best testimony;
Describe the points in an expert’s testimony that are best presented as a story;
Explain the importance of “crossroads” in the story the expert told;
Craft direct examination questions for retaining counsel that will facilitate the expert’s best testimony; and
Transform expert testimony that is merely factually accurate into expert testimony that is compelling and persuasive.
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