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How to use your work product

Use of your Work

  1. First, make sure the landmines and rebuttals are complete and correct;
  2. Use the Landmines and Rebuttals to Prepare Written Discovery and Prepare Witnesses;
  3. Use the Landmines and Rebuttals to Anticipate Offensive and Defensive Dispositive Motions and Motions in Limine;
  4. Use the Rebuttals to Prepare for Depositions of Defendants, including development of rules and rhetorical questions;
  5. Use the Rebuttals to Prepare Clients and Experts for testimony
  6. Use the Landmines and Rebuttals to test the case with Focus Groups.
  7. Use the Rebuttals to Prepare Your Case-in-Chief.
    1. Re-sequence the rebuttal to make the case bigger than 1 event and provide a reason for jurors to send a message – what facts are there, or need to be added, that provide an opportunity for jurors to send a message about the defendant and/or case?
    2. Identify the facts that are specific to the plaintiff’s case/Develop the Trial Story.
    3. Identify the specific points, conclusions, and facts that need to be added to what you have created in the rebuttal.
    4. Use the case in chief to:
      1. Identify/confirm the case critical witnesses and the testimony they must provide;
      2. identify the facts that must be extracted on cross;
      3. identify the testimony that can only come from the plaintiffs;
      4. prepare key visuals and opening statement.

         8. Develop the opening statement based on your case-in-chief, focus group findings, and most                   persuasive evidence.

  1. Incorporate the language learned during focus groups and voir dire,
  2. Decide what facts you will introduce in a story format (it cannot generally be all the facts), when the story begins, and what point of view will be used. Stories are NOT facts in chronological order; there is a beginning, middle, and an end. There must be a takeaway that makes a difference in the case.
  3. Script how you will deal with the opposition case (based on landmines and rebuttals), evidentiary issues, and the law.
  4. Opening statements should be tested (with focus groups) and modified using the feedback received.
    1. Words and concepts used in the opening statement may need to be changed or eliminated entirely.
    2. There may be unanswered questions that have not been answered but should be.
    3. Exhibits and Proof discussed may not be clear, or may not be as persuasive as thought.

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