Civil Litigation

Tips and strategies for working effectively with experts on your case. Covers how to prepare for direct of your expert, prepare your expert for cross, and conduct cross examination of the other side’s expert. Gives tips for maximizing your expert’s performance and steering clear of mistakes. Also discusses tricky ethical areas like privilege over communications and draft reports, as well as how to choose the right expert in the first place.

Advanced guidance on expert reports and rebuttals, including how to work with your expert to help them effectively plan and draft their reports. Focuses on the Opinions section, but then looks closely at the other sections of the report as well. Also gives strategic advice on drafting Daubert motions and Daubert oppositions. Covers specific ways to attack and defend an expert’s methodology, as well as how to select the best arguments.

How to draft key sections of your brief persuasively, structure and present arguments and facts clearly, and prepare supporting motion documents.

This course explains the life cycle of a civil litigation case, from filing the complaint to conducting discovery to judgment and appeals.

What do civil litigators do? This course explains the typical roles in a civil litigation group at a law firm, including partners, counsel, associates, and paralegals, and also describes the role of the client.

An overview of the typical civil litigation discovery process, including the different types of discovery, the process of serving and responding to discovery requests, and the phases of discovery.

An overview of how to conduct a document review, including an explanation of the various purposes and goals and how a review might be structured. Also includes an introduction to producing documents and drafting production cover letters.

An introduction to depositions, including why they’re used, the different types of depositions, deposition procedure, and objections made during depositions.

An introduction to motion practice, including the typical briefing process, the ways a motion can be made, the contents of a typical motion, and strategic considerations when drafting a brief.

Protecting privileged information is critical in litigation. This course explains privilege and work product, what to do if protected information is sent to the other side, clawbacks, privilege waivers, and joint defense groups.

Once it’s clear a case is going to trial, there’s a lot to do to get ready for it. This course covers the main tasks involved, from pre-trial motions and exhibit lists to jury selection and closing arguments.

Practical tips for lawyers new to conducting a document review. Includes tips on how to add value, organizing and escalating documents, and managing mistakes.

E-discovery is an important part of document discovery. This course introduces lawyers to key concepts in e-discovery including terminology, how electronically stored information (ESI) is collected, and working with clients and opposing counsel to gather information.

After receiving a discovery request, a party will prepare written responses and objections. This course explains written responses and objections to document requests, interrogatories, and requests for admission.

Lawyers use requests for production, interrogatories, and requests for admission to get different types of information during discovery. This course explains these discovery requests, including what sections appear in typical requests and related drafting tips.

Tips and strategies for taking a deposition, including starting the deposition off right, asking questions effectively, dealing with a difficult witness or opposing counsel, and ending the deposition well.

Answers respond to the allegations in a complaint. This course covers the main parts of an answer, how to respond to factual allegations, affirmative defenses, counterclaims, and cross-claims.

The complaint is the pleading that formally starts a lawsuit. This course provides an introduction to complaints, including the typical structure and content, pre-filing considerations, and ethical obligations when filing a complaint.

Litigation holds (also called Document Retention Notices) help ensure that documents that may be relevant to a lawsuit are preserved. This course explains litigation holds, including what they cover, who they’re sent to, when they’re sent, and when they need to be updated.

How to write a brief persuasively, including achieving the right tone, style, and language. Also includes how to present your facts effectively and target your audience.

An introduction to privilege logs, including what priv logs are, how to identify the documents that need to be logged, preparing the privilege logs, and reviewing the other side’s logs.

Checklist for substantive review of legal authorities in a brief, format of legal and record citations, common mistakes, and when in the drafting process to prevent errors.

Discussion of how to conduct a witness prep meeting, focusing on making the witness comfortable with how the deposition will work, explaining how depositions differ from ordinary conversation, and giving the witness tips on how to answer questions.

In-depth look at effective deposition questioning, including open versus closed questions, the funnel approach, strategies for getting admissions, cross-examination, and testing case theories.

Detailed how-to of the process of drafting a deposition outline, with practical tips and examination of examples.

The key financial concepts in litigation practice, including how financial statements are used by litigators, which bookkeeping records might be included in a document request, the roles of financial experts and fact witnesses, and the basis of calculations for damages or settlements.

Discusses the standard objections and when they would be used, objection procedure and different rules on speaking objections.

An overview of working with expert witnesses, including consulting and testifying experts, qualification as an expert under the applicable rules, attorney-client privilege considerations, and expert and rebuttal reports.

An advanced strategic discussion of summary judgment motions, whether you’re the moving or opposing party—including deciding whether to move, choosing your arguments, and presenting the facts.

A discussion of the fundamentals of moving for and opposing summary judgment.

How to approach writing an opposition brief, including things to look for in the opening brief, planning your arguments, structuring the brief, and strategies for drafting effectively.

Checklist of things to confirm, bring and know before taking a deposition.

Discussion of how to conduct a witness prep meeting, focusing on preparing the witness for the substantive aspect of the deposition—reviewing the substantive topics and potential exhibits with the witness, and conducting mock questioning.

How to approach drafting a reply brief, including goals, choosing what to argue, and drafting the introduction and argument sections.

Effective depositions require a lot of preparation. This course provides tips on how associates can best help their teams prepare to take or defend depositions, including selecting documents for the deposition prep binder, preparing a deposition outline, and preparing witnesses to testify.

Rules, norms, and tips for arguing a motion before a judge; and tips for preparing for an oral argument.

Strategies and procedure for motions to compel, opposing motions to compel, and motions for a protective order. Discusses pre-filing requirements, drafting considerations, argument tips, and exhibits to include.

Procedure for proper marking of exhibits, useful questions about exhibits, strategies for selecting documents to mark as exhibits, and common mistakes with exhibits.

How to create a master document that will serve as the blueprint for your entire trial. Every task your team tackles will be more efficient and more effective because of this document—letting you move through trial in an orderly fashion.

How to approach drafting an appellate brief, including choosing and preparing your arguments, tips for drafting your facts and argument sections, procedure, and how appellate briefs differ from lower court briefs.

A discussion of how to present yourself in the courtroom. Includes how to show proper respect to the judge, interact with opposing counsel, and convey the utmost professionalism at all times.

Discussion of how to take an expert deposition, including rules and procedure, preparing for the deposition, challenging an expert’s opinions, strategic considerations, and questioning techniques.

An advanced discussion of motions to dismiss for failure to state a claim (in state or federal court), including planning your motion, developing your arguments, and procedural tips—whether you're the moving or opposing party.

Presenting the facts of the case in a clear and persuasive way, including selecting which facts to include, organization, and addressing “bad facts.”

How to draft an engaging, effective preliminary statement, including what to include and how to make it persuasive.

Structuring the argument, ways to present and argue legal authorities, tips for integrating facts and legal argument, and other drafting strategies.

Discussion of supporting documents that may be filed with a brief. Covers the notice of motion, proposed order, declarations and affidavits, exhibits, motions to seal, and proof of service. Provides drafting tips and rules, as well as guidance on how to avoid a last-minute scramble with numbering your exhibits.

Procedure for noticing or subpoenaing a deposition, examples of a deposition notice and subpoena, and the process of scheduling depositions.

How to prepare for direct examination of a fact witness, so you can go into your prep session with a trial-ready outline. Includes how to cover affirmative points that you need to get in through the witness, how to neutralize negative points you expect on cross, how and when to use exhibits, and how to think about redirect. (Prepping the witness is covered in a different course.)

Discussion of ethical rules and obligations about influencing the witness’s testimony and strategies to navigate this important ethical issue.

Discussion of the process of reviewing and selecting documents for depositions.

An overview of motions to dismiss, including grounds for filing, the filing process, and how a motion to dismiss may affect the schedule of the litigation for different types of cases.

Discussion of how to defend an expert deposition, including how to prepare for the expert witness prep, prepping the expert on deposition strategy, areas to focus on during the prep, objections, and redirect.

Strategic guidance on the meticulous preparation required to conduct cross examination. Includes how to organize your outline, decide what to cover, start and end your cross, and draft effective questions. Also discusses how to adjust your plan in real time based on the witness’s direct, how to use exhibits, and other tips for a successful execution.

A walk-through of how to prepare and ultimately deliver your opening statement. Covers how to get the jury’s attention right away, tell your client’s story, introduce key evidence, distill complexities, handle negative evidence, and end with a bang. Also teaches specific things you can do (and not do) to win the jury over.

Strategies and procedures for defending a corporate witness, including what to do when your witness doesn’t know the answer, questions outside the scope of topics, and rehabilitating the witness through re-direct.

Considerations for taking, defending, and preparing for a remote deposition, including technology challenges, ethical issues, handling exhibits, and prepping a witness for the remote format.

Discussion of the role of the defending lawyer, ways to protect the witness, rules on counseling the witness during the deposition, correcting testimony, and re-direct.

How to respond to a corporate deposition notice, including the different objections, coordinating a response with your client, and how to handle the meet-and-confer process with opposing counsel.

Strategic considerations, when TROs and PIs are used, the legal standard, procedure and moving papers, and litigating a preliminary injunction.

At its heart, Chapter 11 is an adversarial process. This course explains the key litigation concepts and actions in a Chapter 11 bankruptcy case, including jurisdiction, the bankruptcy estate, core proceedings, contested matters, and adversary proceedings.

Best practices for appearing before a judge virtually, and how best to prepare.

Rules and tips for selecting the corporate witness; how a corporate witness’s role differs from a fact witness; assembling materials for corporate witness prep; reviewing the topics with the witness; and tips for reviewing the topics and practicing Q&A with a corporate witness.

Ethical considerations that come into play throughout trial. Discusses ethical duties related to your client, witnesses, the judge and jury, the opposing party, and the public.

Developing arguments both supporting and opposing motions for leave to amend, including a discussion of the various grounds for denial. Rules, procedure, and the legal standard.

How to prepare your witness for their direct examination. Includes how to discuss their answers with them, prepare them on negative points, and instruct them on demeanor. Also covers strategy for an effective mock Q&A.

Discussion of different requirements in protective orders for confidentiality designations in deposition transcripts and the process of reviewing a transcript and designating material confidential.

Step-by-step guidance on building your closing argument, from pre-trial planning to acing the delivery. Includes how to structure the closing, draft it persuasively, and make it clear for the jury. Also teaches how to decide what to put in your closing, including what to look for you as you monitor the evidence coming in during trial.

An advanced discussion on how to prepare your witness for cross examination. Teaches how to educate your witness on the tactics the other lawyer will use, and how they can defuse those tactics. Also covers how to approach mock cross, what to look for in your witness’s mock answers, and how to give effective feedback.

Tips and strategies for the day-to-day workings with the expert on your case. Includes how to prepare to work with your expert and how to set clear expectations at the outset. Also covers how to manage communications with your expert given the discovery rules, including sending documents to the expert to form their opinions, and revising their report.

Strategies, rules, and procedures when taking a corporate deposition, and obtaining information responsive to a deposition topic.

A look at common missteps when taking a deposition, and how to avoid those mistakes in your questioning.

How to prepare for the direct examination of your expert. Includes tips for drafting your questions and organizing your outline. Explains how to cover each section of the expert’s report in your questions, drawing out the right information in a way that will land with the jury. Also includes how to prepare the expert for their direct testimony.

Strategies and tips for asking questions and getting testimony that is clear and usable after the deposition.

Guidance on ethical issues that come into play throughout the process of working with an expert. Includes the hiring process, giving an expert access to information, helping an expert draft their report, disclosure obligations, and maintaining privilege and work product protections.

A nuanced look into how to work with your expert on the opinion section of their report. Walks through a detailed hypothetical to teach how to effectively probe your expert about the analysis and reasoning behind their opinion, then illustrates how to help your expert plan, organize, and ultimately draft the opinion section.

How to manage a trial team, lead its operations, and make sure that all trial materials are completed on time and consistently with team strategy. This course is valuable both for the person in charge of the team, as well as any other member. It includes how to effectively assign trial tasks, optimize (and not overdo) team meetings, make decisions efficiently, delegate effectively, and stay on top of trial deadlines.

Advanced strategy for crossing an expert, including how to make the expert’s opinions seem unreasonable or unsupported, how to undermine their credibility, and how to adapt your cross after the expert’s direct.

An advanced discussion about how to effectively prepare your expert for cross examination. Discusses the best questions to ask your expert during mock Q&A, as well as the best ways to prep them to respond. Also covers how to prepare your expert for impeachment and to come across credibly.

A detailed discussion of how to position yourself well for appellate review. Includes how to present your evidence, respond to objections, exclude your opponent’s evidence, and preserve arguments at the end of trial.

Strategic considerations for how (and when) to choose an expert for your case. Includes tips for your initial search and vetting process, and a detailed discussion of how to effectively interview candidates and assess them for the role.

A detailed discussion of everything that needs to—or should—go into an expert report, besides the opinions themselves. A section-by-section look into strategy and drafting, in addition to compliance with the rules.

An advanced discussion of moving to exclude an expert, including how to formulate arguments, different ways to attack methodology, and strategic drafting to persuade the judge.

The importance of reviewing your transcript after the deposition, things to look for, and how to learn from your mistakes.

Strategic guidance regarding rebuttal expert reports. Covers how to work with your expert to efficiently and effectively review the other side’s opening report, decide which points to rebut, and outline the rebuttal. And discusses strategic drafting considerations as your expert writes and refines the report.

A strategic look at how to defeat a Daubert motion. Includes how to use the legal standard to your advantage when responding to arguments, things you can do to defend your expert’s methods, how to go on offense in your brief, and a detailed example.

Rules about correcting the transcript, the format and content of an errata sheet, and procedure for preparing an errata sheet and signing the deposition transcript.

Examination of a corporate deposition notice and drafting tips.

An introduction to the discovery process in civil litigation, including discovery requests, written responses and objections, interrogatories, requests for admission, depositions, and e-discovery.

Rules, procedures, tips and strategic considerations for taking and defending expert depositions. This track covers qualifying as an expert, expert and rebuttal reports, witness prep, questioning techniques, attorney-client privilege, and more.

The basics of taking a deposition. This track includes how to notice or subpoena a deposition, draft a deposition outline, and select documents to use in the deposition; plus effective questioning techniques and strategies for dealing with a difficult witness or opposing counsel.

Key strategies and procedures for defending a corporate deposition. This track covers responding to a corporate deposition notice, selecting and preparing the corporate witness, deposition objections, protective orders, confidentiality designations, and more.

An advanced look at trial practice. Includes how to create and use a master trial plan, run a trial team, set yourself up well for an appeal, and make sure your witnesses are ready.

Mastering the essentials of trial practice: opening statements, closing arguments, directs and cross-exams. Also covers courtroom decorum and ethical issues that arise during a trial.

How to nail your oral argument, both in person and virtually; how to draft your brief persuasively; and how to make sure everything in your brief is cited properly.

Strategies for planning and drafting briefs throughout a litigation, including opposition, reply, summary judgment, and appellate briefs.

Drafting tips and strategic considerations for specific key motions, including motions to dismiss, preliminary injunctions and TROs, discovery motions, and motions for leave to amend.