Techniques to Get Venire Panels to Talk
SPEAKER: Will Clark, San Antonio

About topic:
Every trial attorney worth their salt knows that jury selection can make or break their case.

• Learn how to drive panel engagement by appealing to principles and character
• Learn how to explain the jury selection process in a way that encourages participation
• Learn a simple and effective approach to scaled questions that works on even the smallest cases with the shortest amount of time allowed for voir dire
• Learn how constructive voir dire can get the jury on your side before the case truly begins and generate sound bites to use throughout trial
• Learn the art of making the “wrong” answer feel "right" during strikes for cause

How to Ensure a Bad Juror Is Not Rehabilitated and
What to do if the Judge Doesn’t Grant a Motion to Strike For Cause
SPEAKER: Alex Acosta, El Paso

About presentation:

• Avoid the LEAN!
  • 20 years later: The Supreme Court's opinion on "rehabilitating expression of bias" in Cortez v. HCCI-San Antonio
  • Why can a venire member be rehabilitated after expressing bias?
  • What constitutes a disqualifying bias?
  • How much discretion does the trial court judge have?
• Never WAIVE goodbye!
  • How to properly preserve error when a challenge for cause is denied
  • Objecting… preempting… and notifying.  Making the record squeaky clean

Motions in Voir Dire That Protect Your Client’s Right to a Fair Trial
SPEAKER: Kirk Pittard, Fellowship, Dallas

Voir Dire is one of the more complex areas of trial for error and record preservation in anticipation of an appeal.  Additionally, there are various procedures for increasing the likelihood that your client gets a fair jury. 
This presentation will touch on the following issues: ?

• Objection to E-Jury
• Challenge to the Array
• Jury Shuffle
• Equalizing Peremptory Challenges
• Challenges for Cause
• Peremptory challenges
• Batson Challenges
• Voir Dire in light of Gregory v. Chohan (regarding non-economic damages)

Weaving Case Themes Throughout Trial
SPEAKER: Jon Clark, Austin

About topic:
Learn how to develop and weave powerful, consistent themes throughout every phase of trial - from jury selection through closing argument - that will make your case memorable, persuasive, and relatable to jurors while increasing your chances of securing maximum compensation for your clients.

• Learn how and where to identify emotionally resonant themes that naturally emerge from your case facts.
• Discover how to introduce your themes during voir dire to identify juror biases and establish rapport, including specific examples of effective questions that plant the seeds of your narrative without appearing argumentative or heavy-handed.
• Testing your themes, including using focus groups and mock trials to understand which themes will connect with diverse jury pools while withstanding defense attacks.
• Crafting opening statements and closing arguments that build upon each other thematically, leaving jurors with a clear narrative through-line that makes your theory of the case feel inevitable rather than manufactured.
• Learn practical strategies for weaving your selected themes through direct examination of both fact and expert witnesses, including techniques for crafting questions that allow witnesses to naturally reinforce your narrative while maintaining their (and your) credibility and authenticity.
• Maintaining thematic consistency during cross-examination of defense witnesses, turning their testimony into opportunities to strengthen your narrative rather than merely attacking credibility.

• How to find what truly matters to your client
• Getting your client to go from surface to substance
• Discovering who is best to tell each part of the story
• Capturing what counts – using pictures and demonstratives to bring the story to life
• Persuasively presenting your client’s story at trial

Debunking Defense Obstacles That Cause Us to Get Caught Up in the Weeds
SPEAKER: Mike Guajardo, Fellowship, Austin

About topic:
Defense attorneys attempt to distract the jury by claiming all kinds of excuses to avoid responsibility. Learn how to deal with these obstacles and keep the jury focused on your case.

• Gaps in treatment
• Low property damage
• Preexisting conditions/prior injuries
• Sudden emergency/unavoidable accident defenses
• Letters of protection
• Excessive medical bills

The Art of Cross Examination: The Three P’s
SPEAKER: Chris Stoy, Fort Worth

About topic:
The three P’s are: practice, preparation, presence.  Practice includes courses and simulations that allow lawyers to practice asking questions with a live witness.  Preparation relates to preparation for the specific cross examination.  This means preparing to a level so that the lawyer “knows” the case and can ask questions without a script; preparing a bullet point list of topics to cover, etc.  Presence focuses on the lawyers need to be present in the deposition.  Among other things, this means the lawyer is listening to the witness’s answer instead of focusing on the next question. 

How Far Could American Honda v. Milburn Be Extended?
SPEAKER: John Gsanger, Houston

About topic:
As with other opinions where the Texas Supreme Court creates new law that departs from precedents and legislative guidance, American Honda v. Milburn has consequences for practitioners beyond what the Court intended:

• conflicts between Milburn and Tex. Civ. Prac. & Rem. Code § 82.008
• conflicts between Milburn and prior precedents
• Milburn expands the discoverability and admissibility of other incidents
• new pleading strategies in the wake of Milburn
• new expert strategies in the wake of Milburn
• new discovery and motions practice strategies in the wake of Milburn
• new jury charge strategies in the wake of Milburn

How to Create Defining Moments at Trial
SPEAKER: Jim Mitchell, Fellowship, Dallas

About topic:
Conduct your discovery and develop trial evidence to help create memorable moments at trial to support your trial theme and to polarize the jury.

• Ways to identify and create potential defining moments for trial
• Set traps for the defense
• Take advantage of the unplanned moments that occur during trial
• Maximalize defense mistakes

Overcoming and Preserving Error in the Jury Charge
SPEAKER: Morgan McPheeters, Dallas

• Using the charge as a roadmap for pleadings, discovery, and trial
• How to properly submit the jury instructions and questions you need
• How to preserve jury charge error
• Common charge conference pitfalls to avoid

Making Closing Argument The Most Important Part of the Trial
SPEAKER: Frank Branson, Fellowship, Dallas  (Via Zoom)

This presentation will include:

• The importance of fully opening
• How important is Closing Argument?
• How much of Closing Argument would you normally use for rebuttal vs. covering other elements in the case?
• Cover challenge issues to Defendant in Opening Statement
• Accentuate the positive, eliminate the negative
• Empowering the jury

Rebuttal Argument: Techniques to Weaponize, Empower, and Pass the Baton to Your Client
SPEAKER: Michael Lyons, Fellowship, Dallas

• Deputizing the jury
• Empowering the jury
• Final appeals to do what is right, just and fair