PowerPlays Coaching, LLC

A CLE Approved Course

NY State CLE Accredited – 2 hours Skills

This course is divided into three components:

1. First Impressions.  A series of exercises to introduce course participants to the impressions we make by our habitual physical postures and gestures.  Participants will experiment with the effects of taking on new and unfamiliar postures and gestures.

2.  Working With Text.  Participants will learn the keys to writing for oral presentation.  This section provides an introduction to concepts of characterization, rhythm, repetition, point of view and dramatization.

3. Performance Skills.  Students will perform a pre-written closing statement, and coaching will focus on performance aspects such as eye-contact, use of hands, posture, gesture, rhythm of speech and vocal variety.

Performance Skills for Trial: Direct and Cross Exam

CLE approval pending

In this course, participants learn the keys to establishing rapport with the witness, and how to truly listen and respond to both informational and emotional content. Participants also learn how to use the concept of “status” to adapt their style for different witnesses and situations.  Similar to the Openings and Summations class, students will participate in a series of skill-building exercises, and end by conducting an improvised direct or cross with a professional actor playing the witness.  Each participant will have the opportunity to apply the skills learned in the earlier part of class, work on developing their own personal style, and will receive individualized coaching feedback by the team of instructors.

Preparing a Witness for Deposition

An Experiential Communication Skills Course
created by Diana Hird, Esq., Hird Associates
in association with PowerPlays Coaching, LLC
2 Hours/8 Participants

During witness preparation, the attorney must (i) make the witness comfortable; (ii) develop his/her own credibility with the witness; and (iii) explain the process and purpose of the deposition. This hands-on course will allow participants to explore and develop the interpersonal communication tools needed to achieve these goals.

Part One: Communication Skills Warm-up/Opening the Conversation.

Opening Exercise: Participants are paired up. Each participant will be required to explain an activity to his/her partner.  Each participant must:

• Explain the risks of the activity
• Explain the benefits, and
• Explain the technicalities

Facilitated discussion follows, including the importance of checking in on listener’s understanding, avoiding lecturing the listener, the use of plain English, listening and looking for cues from the listener, developing trust, and understanding one’s own communication style/comfort zones and expanding repertoire.

Part Two: Dealing with Different Witness Personalities.

A simple fact pattern will be provided for attorneys to use to prepare a witness for deposition.  A professional actor will play the role of the witness, using different personalities for each session.  Each personality will be selected to represent a challenge to the attorney, and attorneys will learn:

• How to deal with emotion and create empathy
• Dealing with conflict and avoiding arguments
• When to discard your agenda

Part Three: Rehearsing

In this portion of deposition prep, the attorney will practice asking questions and having the witness answer. Attorneys will in turn practice how to rehearse with witness. The actor playing the witness will answer using common witness “mistakes” including:

• Giving more information than necessary
• Belligerent answers
• Answering when he/she doesn’t know the answer