* Florida Litigation Bundle *

Audio program! (check our CLE Programs page for live versions)

Our Florida litigation bundle includes several of our most popular litigation audio courses. You’ll learn about taking and defending depositions, jury selection, handling expert witnesses, and the details of civil court procedure in federal and circuit court and more!

Save $826 when you order the bundle!  (If you were to purchase each program separately, the cost would be $2125)

Depos: How to Master the Deposition (2017)
Expert Witnesses: Prep, Depos, Exam and Cross – How to Get it Right (2014)
Jury Selection: What Happens When …? (2014)
9th Annual Circuit Court Boot Camp: The Nuts and Bolts (2020)
Federal Court Boot Camp: Learn the Dos and Don’ts (2017)

Our Circuit Court program was audio recorded in more than one city. You will be able to choose which version of the recording you’d like (Fort Lauderdale faculty or Orlando faculty).

 

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What You Will Learn

Mastering the Deposition

Overview and Strategy

  • Depositions not a “one size fits all” process.  – trial deposition vs. discovery deposition
  • Understanding your goals and keeping your deposition goal-driven
  • Who should attend and why
  • Thoughts on preparing specific questions and outline of themes
  • Preparing for “unexpected” answers/objections or other difficulties
  • Other tips and tricks that may give you an edge
  • Using the depo at your hearing or trial – strategies and techniques

The use of Technology in Depos and at Court
How to:

  • Use digital exhibits at deposition
  • Learn how digital exhibit tools work
    1. Videoconferencing and Live Deposition programs to be demonstrated
  • Prepare for a deposition using digital exhibits
  • Conduct a deposition using digital exhibits – or have your experts and/or associates provide exhibits electronically from their offices while you take the depo
  • Take advantage of digital deposition tools from online deposition management to digital repositories

Handling Documents & Exhibits – Making the Record; Get the Authentication You Need

Witness Preparation

  • How to best prepare your witness
    • Tips and strategies
    • Difficulties to avoid
    • What happens when you have a witness who can’t or wont take the time to be prepared – what are your options (can you do it remotely, do you drop the witness, do you roll the dice, etc.)
    • What happens when you have a witness that won’t listen to you when you are preparing them
    • What do you do if you realize during witness prep that the witness is going to be a disaster (too angry, bad presence, lies, too weak, rambles too much, a danger to your case, anything along these lines)
  • The percipient witness vs. a PMK
  • Ethical considerations

Taking and Defending the Corporate Deposition

Expert Witness Depositions

  • 30(b)(6)
  • Effective opposition research options on expert witnesses
  • Strategies to qualify and/or attack expert witnesses
  • Attacking the expert with his/her own words from prior deposition, treatises, expert reports, etc.
  • Using Motions in Limine to exclude expert or testimony

Deposition Objections

  • How do I do it?
  • Why do I do it? / Depo objection strategies
  • What to avoid
  • Biggest risks in objecting and not objecting
  • What works
  • What matters
  • Additional tips from the trenches

Handling the Difficult Witness and/or Opposing Counsel

  • Concrete tips and advice such as:
    • The angry opposing counsel – what do you do?
    • When opposing counsel yells
    • Opposing counsel that objects to everything, how do you handle?
    • The witness keeps obfuscating or saying “I don’t remember” to everything, now what?
    • You know the witness is lying – is there anything you can do?
    • How to keep the depo from getting out of control
    • How to avoid needing to call the judge
    • The times when it is worth bothering the judge in the middle of your depo 

Demonstration and Discussion about Demonstration

Expert Witnesses: Prep, Depos, Exam and Cross – How to Get it Right

  • How to select effective Expert Witnesses (and avoid the time bombs)
  • Moving to disqualify your adversary’s expert
  • Preparing effective Expert Witness reports and exhibits
  • Preparing yourself for deposing the other side’s Expert Witnesses
  • Preparing the Expert Witness for deposition
  • What to do when your Expert Witness does poorly in the depo or on the stand
  • Direct examination of your own Expert Witness
  • Preparing for the cross
  • Outlining the cross
  • Carrying out the cross

Jury Selection: What Happens When …?

Overview of Jury Selection

  • Goal(s) of jury selection
  • Is it jury selection or jury de-selection
  • Socio-psychological aspects

The Law of Jury Selection: focus on ethics

  • The danger of demographics in jury selection
  • Understanding your venue
  • Batson/Wheeler motions in jury selection
  • Monitoring jurors’ social media

The Mechanics – Critical Skills

  • Juror Questionnaires
    • Process and Procedure
    • Regulations
    • Strategies
    • How to use
    • How not to use
  • Planting seeds and introducing themes and issues
  • The basic mechanics of jury selection
  • Rating and tracking methods
  • Exercising challenges & Strike Strategies, Bias
  • Dealing with time limits
    • How judicial voir dire can sometimes help
    • Efficient approaches to questioning the panel
    • Focus on identifying “bad” leaders
    • Time limits in federal court
  • Lawyers and juries after the selection process
    • Rules about contact with jurors
    • Tips on how to be polite without engaging
    • What to do if you observe improper juror behavior
    • Continuing relationship with jurors without contact/how you think about and observe jurors once selected
    • What jurors are doing

Finding Out About Jurors

  • How lawyers can ask good questions
  • Dos and don’ts of voir dire
  • Questions from the bench vs. questions from lawyers
  • Sources of information about jurors

Demonstration and Analysis of Jury Selection

9th Annual Circuit Court Boot Camp: The Nuts and Bolts

Introduction, Common Issues, Case Development and Theories, advice about pleadings

  • Early case assessment and filing a complaint
  • Advice about answering the complaint
  • Motions directed at the pleadings
    • Motions to dismiss
    • Motions for a more definite statement
    • Motions to strike
  • Frequently misunderstood rules
  • Common mistakes
  • Common hearings (see ORL for guidance)
    • Should include differences between various hearings, such as ex parte, evidentiary, msj and other “standard issue’ hearings.

Discovery and E-Discovery

  • Deciding what matters to your case
  • New discovery / E-Discovery rules
  • Subpoenas
  • Affidavits
  • Meet and confer requirements/creating a good record
  • Considerations for trial and settlement– Strategy
  • Key Rules and Timeline
  • Overlooked Deadlines
  • Procedural Issues that are often missed or common
  • RFPs
  • Remedies available: requesting sanctions, sanctions motions
  • Motions to Compel/for Protective Order
  • Cost cutting measures
  • Dealing with unresponsive opposing counsel

Depositions

  • State v. Federal rule differences
  • Timelines and Deadlines
  • Specific Cir Court Rules
  • Easy/common mistakes to avoid
  • Deciding whom to depose
  • Taking good depositions – Mistakes not to make
  • Making effective use of depositions at trial
  • Objections

Motions for Summary Judgment

Oral/Motion Argument

Heading to Trial

  • Pre-Trial Timeline & prep
  • Final Status Conference
  • Trier of Fact decisions

Your Pre-Trial Tasks, Selecting and Dealing with Your Jury

  • Jury Selection in State Court – Procedure, Strategies and Questionnaires
  • Jury Instructions, Jury Verdict Forms
  • Motions in Limine

Trial Presentation

  • Direct and Cross-Examinations of Lay Witnesses:
    • Strategies and Advice
    • How to
  • Direct and Cross-Examination of Expert witnesses:
    • Strategies and Advice
    • How to
    • Evidence Issues
    • How to get evidence admitted / submitting exhibits at trial
    • Strategic Use
    • Objections

Preserving the Record & Judgment Reinforcement

  • Preserving the record for appeal – mistakes not to make/what to make sure you do
  • Attorneys’ Fees
  • Determining “Prevailing Party”
  • Filing Notice of Appeal
  • Non-final Appeals and Petitions
  • Post judgment enforcement

Federal Court Boot Camp: Learn the Dos and Don’ts

Intro to program and Federal Court

  • We’re not in Kansas Anymore: Overview of Practical Differences Between State Court and Federal Court Practice
  • Differences Among the Three Federal Districts
  • Highlights from the Local Rules and Practice
  • Florida Bar Federal Court Practice Committee Judicial Guide
  • Rule 1

Complaint and Answer Rules, Differences, Advice and Strategies 

  • Plausibility Standard: Rule 8’s Short and Plain Statement
  • Forms of Complaints and Answers/Defenses
  • Defenses vs. Affirmative Defenses
  • Practice Pointers and Pitfalls

Case Scheduling and the Case Management Conference in Federal Court

  • Rule 16.1
  • Case Management Reports

Rule 12 Motions

Discovery & e-Discovery

  • 2015 Amendments to the Rules of Civil Procedure
    • Scope of discovery / proportionality
    • Requests for production and responses
    • Failure to preserve / sanctions
    • How courts have interpreted them
  • E-discovery
    • Overview and considerations
    • Sources and preservation
    • Authentication
    • Federal Rule of Evidence 502

Oral Argument Tips and other insight

  • Scheduling, rules
  • Difference between Fed court and State court
  • Cautions and advice, what judges expect/need

Depo Strategies

  • Federal rules related to depos
  • Federal v. state differences
  • Strategy
  • Deciding whom to depose
  • Taking good depositions
  • Making effective use of depositions at trial
  • Subpoenas & affidavits

Drafting and Replying to Motions for Summary Judgment

Heading to Trial

  • Trial Briefs
  • Pretrial Statement
  • Pretrial Conference and Order (FRCP 16)

Pre-Trial Matters

  • Client & Witness Preparation
  • Your Jury:
    • Questionnaire and voir dire tips
    • Jury Instructions – pitfalls & best practices
    • Jury Verdict Forms – pitfalls & best practices
  • Motions in Limine

Trial Presentation

  • Opening Statements  & Closing Arguments
  • Introduction of Exhibits & Objections
  • Direct and Cross-Examinations
    • Purpose, audience and format requirements
    • Basic direct examination skills
    • Basic cross examination skills
    • When and how to make appropriate objections
  • Preserving the Record for Appeal

Post-Trial Motions & Judgments

 

Testimonials

Depos: How to Master the Deposition

“As a young attorney, this was a nice introduction to common deposition tips.” – Kyle R. Jackson, Sr., Esq.

“I wanted to learn more about exhibits and expert witnesses and those areas were covered well.” – Nicholas DeMahy, Esq.

“The information was very helpful.” – Kimberly Redmon-Jones, Esq.

“Too much useful information. Great speakers.” – Diana Davila, Esq.

“Good role-play [of witness preparation]…Great outline of different paths to attack the opponent’s expert.” – Kevin Hellman, Esq.

“Very good material and speaker.” – Ian R. Leavengood, Esq.

“Great speaker!” – Jennifer T. Harley, Esq.

“Wonderful speaker.” – Ivonne Duran, Esq.

“Good speaker.” Michael Baumberger, Esq.

“Great seminar! Gave me more tactical insights on Deposition strategy.”

“Speaker was very knowledgeable about the subject matter…I could have listened to him for 3 hours.”

“Good practical suggestions and practice tips [for handling difficult witnesses/opposing counsel].”

“Very good content and thorough explanations in a relatively short presentation…very good tips about handling exhibits…Great tips for what to do and not to do [in expert witness depositions].”

“Great insight into lots of technical deposition details.”

“Excellent speakers.”

“Good seminar! Thank you. Speaker’s written materials were very helpful.”

“Great stuff.”

“Good seminar.”

“Helpful materials / outline.”

“Good, informative, well-presented.”

“Very well done.”

Expert Witnesses: Prep, Depos, Exam and Cross – How to Get it Right 

“100% satisfied, the seminar was comprehensive and interesting.” – Jerome Levenstein, Esq.

“Very Satisfied.” – Gus Bravo, Esq.

“Communication of practical application and examples was awesome.”

“Panelists were very knowledgeable and presented concisely and persuasively. They shared practical information and were very approachable (e.g offering to provide sample examples of motions).”

“Great tips.”

Jury Selection: What Happens When …

“Gave great nuts and bolts on Jury Selection, not just topical but in-depth.” – Michael Lynott, Esq.

“Informative and practical.” – Barbara Paige, Esq.

“Very Helpful.” – Raul Aspuru, Esq.

“De la O on  was excellent!” – Lucian Ferster, Esq.

“Very Informative and engaging.”

“Exceeded my expectations.”

9th Annual Circuit Court Boot Camp: The Nuts and Bolts

“Very Satisfied.” – Jennifer Jordan, Esq.

“I definitely enjoyed having a Judge’s perspective.”

Federal Court Boot Camp: Learn the Dos and Don’ts

“Great seminar. Very informative and practical tips for attorneys who are new to federal court practice.” – Andrea Amigo, Esq.

“Great speakers and great handout. Pincus CLEs are great…It was great to have judges on the panel.” – Jennifer T. Harley, Esq.

“Great course. Great speakers.” – Brad Kimber, Esq.

“Very good one-on-one with speakers.” – Hans Ottinot, Esq.

“Barfield is a great speaker.” – Eddy Leal, Esq.

“I particularly enjoyed the back-and-forth between Judge Gayles and David Buckner, which provided useful insights from both a practitioner’s and judge’s perspective.” – Donald J. DiMatteo, Esq.

“Great topics for a one-day seminar.”

“Gained a solid, base understanding of federal practice.”

“Good overview of civil litigation in federal court.”

“All [speakers] were excellent…Extremely helpful! The course materials will be easy to reference to stay on top of my federal court cases. Well done.”

 

Faculty

To view the faculty list, please click on the individual program you’d like to view.

Depos: How to Master the Deposition (2017)
Expert Witnesses: Prep, Depos, Exam and Cross – How to Get it Right (2014)
Jury Selection: What Happens When …? (2014)
9th Annual Circuit Court Boot Camp: The Nuts and Bolts (2020)
Federal Court Boot Camp: Learn the Dos and Don’ts (2017)

Fees

Audio Recording & Materials Package – CD or Download: $2125

Early Bird Pricing $1299

For CDs, please add $8.50 shipping and, in CA, sales tax.

CLE Credit

FL General:  Our Circuit Court program is approved for 8.0 general CLE in Florida through November 30, 2021.

FL Board Certified: Our Circuit Court program is also approved for 8.0 Board Certified Credits in each of the following areas of law (through November 30, 2021):

  • Appellate Practice
  • Business Litigation
  • Civil Trial
  • Criminal Appellate Law
  • Criminal Trial Law
  • Juvenile Law

* Note: All other FL program CLE has expired, however, you may apply to the FL Bar for individual credit. They normally approve CLE credit when these applications are submitted. You can reach them at clemail@floridabar.org or 850-561-5842. Or visit the CLE applications page HERE.

CA General:  This program is approved for 34.5 units of general CLE in California.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

 

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $8.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$2,125.00 $1,299.00 each

Clear