Become a better trial lawyer
in 2 days.

DODD TRIAL SKILLS CLINIC

“Well worth the effort and the cost. It’s like going to quarterback camp taught by Peyton Manning. You can’t beat hands-on instruction in small groups with one of the best in the business.”

— Bryan, California

YOU WILL LEARN ROGER DODD’s

10 Core Concepts

for Trial Cross-Examination, Cross-Examination for Depositions, and Cross-Examination for Zoom Depositions

Constructive Cross

Witness Responses

Spontaneous Loops

Difficult Witnesses

Loops

Double Loops

Opposing Witnesses

Trilogies

Staying Organized

Maximizing Effect

Constructive Cross • Witness Responses • Spontaneous Loops • Difficult Witnesses • Loops • Double Loops • Opposing Witnesses • Trilogies • Staying Organized • Maximizing Effect •

  • Individualized Training

    Dodd Trial Skills Clinics provide unique, individualized, real-life, nurturing, experiential training. The course is conducted in a small group setting with a maximum of 8 lawyers of all experience levels. We select approximately twelve problems for each Clinic; each exercise concentrates on specific cross-examination skills, so you can focus on the skills you want to improve.

  • Hands-On Practice

    The core philosophy of Dodd Trial Skills Clinic is that cross skills, as well as other trial skills, are best learned in a safe, positive, sharing environment. During the Clinic, participants perform in at least two cross-examination exercises per day. You will be on your feet performing cross-examinations of witnesses — portrayed by professional actors whose improv skills enable them to respond as the witness/character would react instead of following a script.

  • Expert Instructors

    Two co-instructors who are experienced trial lawyers teach every clinic. Most sessions have two instructors. Professional improv actors are another critical key to this unique learning experience; they can be quickly directed by the instructors during a performance or exercise, resulting in a dramatic increase in each lawyer participant’s skill, abilities, and confidence.

  • Immediate Feedback

    In addition to performing in problems/ exercises, you will be helping to critique other class members multiple times a day. You will also receive immediate, actionable feedback from the instructors and the actor/witnesses to build your listening and cross-examination analysis skills.

  • Continuing Legal Education Credit

    We will work with you on establishing CLE credit for you wherever you desire. So far, California, Florida, Georgia, Indiana, Louisiana, Nevada, North Carolina, Oklahoma, South Carolina, Texas, Utah, Washington, Kansas, Arkansas, New Jersey, Mississippi, and Indiana have approved the Clinic for up to 13 hours of CLE credit. There are more states. Some jurisdictions have approved the Clinic for a like number of hours of CLE credit on an individual basis.

FAQs

Trial Skills

  • The more cross-examinations you do, the more flexible you will become. We will select a variety of exercises for each clinic and give you the flexibility to choose the ones on which you would like to practice. There are certain group exercises in which we will have every participant join. There are others where you choose with whom you will work. But every individual performance will be your choice. This is the time to experiment, to try, and to expand yourself. Each exercise is crafted to allow you to concentrate on specific cross-examination skills. You get to concentrate on the skills you want to improve.

  • First, there is no doubt that the skill to react quicker on cross and to be more spontaneous can be improved and strengthened. To be sure, some people have more talent than others in this skill set. But just like almost any other skill, trial skills can be enhanced and strengthened.

    Next, the ability to listen to answers while on cross is the key to reacting. If you cannot hear it, you cannot react. Listening is not measured just by hearing the words spoken by the witness. An extremely important component to listening in the court room is hearing the tone of the words. We must also listen to the body language of the witness. Actively and fully listening while on cross is a difficult skill set to acquire, but it can be improved upon, improved, and strengthened.

    Before we can actively listen, we must control and structure our cross. Without these two prerequisites, cross is an adrenaline driven, exhausting affair. The Three Rules provide the basis for control. The Chapter Method gives further structure to the cross. Once the cross is controlled and structured, we can answer the questions: Where am I? Where do I want to go? How am I going to get there?

    Knowing those answers relaxes the cross-examiner so they can actively listen and react, in real-time, to the witness’s testimony.

  • Roger J Dodd teaches at most clinics with co-teachers who are experienced trial lawyers. Meet the instructors here.

    Professional improv actors are another critical key to this unique learning experience. They can be quickly directed by the instructors during a performance or exercise resulting in a dramatic increase in each participant’s skill, abilities, and confidence.

    One note: We are all trial lawyers. Judges set trials, we do not. We do everything we can to avoid trial conflicts with any clinic, but it happens. As soon as we know we have a potential conflict, we will notify you of the conflict and proposed dates to reschedule the clinic. Please take this into account before making travel arrangements.

  • Each trial lawyer views, hears, and feels trials and cross-examinations differently. Those differences must be recognized and embraced. We need to build our skills to be able to acknowledge differences and be trained to deal with those differences. Each instructor will stress different points of instruction. We do our best to provide instructors of varied genders and background experiences to provide you with the best possible experience.

  • The improv actors are one of the critical keys to this unique learning experience. When lawyers play a witness they never play it realistically. If the witness is not realistic, the training is fatally flawed; the training does not educate as it needs to. In fact, it creates bad or worse habits.

    Professional actors, especially with improv experience, play roles for a living. Improv experience means the the actors do not follow a script; rather they react as the witness would react. While we always insist on a realistic presentation, the range of emotions, effects, and personalities of these professionals are amazing.

    Just as importantly, the improv actors can be quickly directed by the instructors during a performance or exercise to account for our participants’ dramatic increases in skill over the two days of the clinic. 

  • Both male and female actors present challenges to a trial lawyer, but they are different challenges. Males and females see, hear, and experience a trial differently. Not only are the actors’ appearance and performances different, but the trial lawyer’s reaction to them varies. This changes not just one important variable, but multiple variables — therefore multiplying the learning challenges and the learning experience.

    A quick example:

    During a clinic, a talented and skilled female lawyer was routinely dispatching a male actor with almost mechanical precision. However, when she took on a female actor, things did not go as well. That actor was directed to show confusion that led to frustration, followed by quiet tears — no wailing, just quiet tears. This talented lawyer tried multiple times to continue the cross. before she just stopped, broke character, and said, “I cannot do this.”  We have all felt that way while in real court.

    Immediately after the cross, the actors, instructors, and the rest of the group discussed their feelings with the lawyer. It was agreed the lawyer would try the same cross again, after absorbing the discussion and watching a few other crosses. On the next round, the lawyer nailed it against the same actor, even though the actor made it even more challenging. The actors were key to making that breakthrough possible.

Clinic Instructors and Actors

  • We will teach you how to use constructive and destructive cross-examination at trial, depositions, and Zoom/remote depositions.

  • Constructive Cross
    Using their witnesses and their documents on cross to prove your theory.

    Witness Responses
    The mental, emotional, psychological, and physiological responses of the witness on cross-examination.

    Spontaneous Loops
    Cutting-edge use of the witnesses' own words.

    Difficult Witnesses
    Twenty-one ways to control difficult witnesses.

    Loops
    Label every important witness and piece of evidence.

    Double Loops
    The best way to undermine opposing experts.

    Opposing Witnesses
    Four best ways to control an opposing expert witness.

    Trilogies
    How to use the Rule of Threes to make your cross memorable.

    Staying Organized
    How to stay organized in preparation and delivery of the cross by chapters.

    Maximizing Effect
    How to maximize the effect of cross by proper sequencing of your chapters.

  • Yes! For the foreseeable future, cross-examinations (at depositions and non-jury hearings and eventually at all non-jury matters) will be done remotely via Zoom, audio only, visual conferencing or some other platform. These new modalities require a new and separate skill set to best focus, listen, and observe. We will prepare you for that and practice those skills through unique exercises focused on remote cross.

    Cur professional improv actors will also help you enhance your ability to remotely cross. They have been studying the differences between live performance vs. camera performance for their whole careers and can provide insights that we, as the cross-examiner, wouldn’t otherwise see.

  • Every person learns differently. Every person has different experiences. Each of the problems is intentionally designed to present different cross-examination challenges. To learn rapidly, each cross examiner must be challenged in new, unfamiliar ways. The exercises do that. Trial lawyers generally have a shorter attention span than the average person. To keep each participant’s attention, the group energy high, and the fun in these two days, a variety of exercises must be available. New challenges. Different challenges. Challenges that teach rapidly.

  • Each of the exercises teaches specific cross-examination skills. When participants are having (or are predicted to have) difficulties with certain cross techniques, specific exercises and the use of a variety of partnerships can quickly create breakthroughs. These specific exercises teach quickly and effectively, as well as allow the participants to have fun .

  • Trial work has changed. A generation ago, it was the rare trial that had a second or third chair. Now it is the rare trial that has just one lawyer per side. Trial lawyers need to learn how to work in teams to maximize their trial results.

    Just as importantly, trial lawyers learn better in groups than individually. When we can see someone else perform a skill that we are trying to learn, we learn from watching. It gives us time to absorb the skill from a different perspective and to adapt it to our own style.

Clinic Concepts and Exercises

  • Over the last decade, we have become convinced eight is best for two full days of training. If we allow the clinics to get any larger, there is not enough time for each participant to put in the repetitions at the podium, facing witnesses and cross-examining. Our small group size allows the participant to learn not just by doing, but by observing others perform, providing constructive critiques, and participating in group exercises.

  • Your attendance and participation are important not only to you, but also to the other participants of the clinic. The clinic is not a CLE where you will be one of 400 attendees and your absence does not matter to the presentation. Instead, when someone is unable to participate, it can affect the balance and flow of the group.

    If a participant is registered with payment, our policy is as follows:

    (1) There will be no refunds. It is the sole responsibility of the participant to fill their seat if they are unable to attend. If the seat is filled by another participant, the cancelling participant will be refunded their registration fee less an administration fee of $250.

    (2) Despite the fact that it is the sole responsibility of the cancelling participant to fill the seat, we will do all we can to assist you in finding a replacement.

    Click here for the full attendance policy.

  • Being anxious is natural and healthy — because your body and mind are reminding you that what we do is important, demanding, and not easy to do. The instructors are anxious, nervous, and scared every time they do a cross-examination, whether it is in court or in a clinic. In the end, pressure, which causes anxiety, is self-imposed. It comes from within each of us. We cannot calculate how often clients, judges, and juries have been satisfied with our crosses when we were miserable with our cross.

    Cross-examining is a lifelong work in progress. There are always three crosses for every opportunity: the one that is planned, the one that is given, and the one we wish we had given.

    The core philosophy of the clinic is that cross skills, as well as other trial skills, are best learned in a positive, safe, and “we are all in this together” sharing environment. Anxiety is natural, but the very first exercise dispels much of our anxiety. Part of becoming a better trial lawyer is developing means to handle anxiety better and quicker.

  • Every clinic is a little different, but each participant should be ready to perform at least 2 individual exercises per day.  You will be helping to critique other class members multiple times a day.  You will also participate in exercises with others.  These exercises may be a group of 2 or as many as 8.

    Part of the learning paradigm is helping others, observing others, and then applying what others have done to your presentations and skills.

    Part of the rich texture of the format of the Clinic is time to absorb the techniques and lessons learned in each of your individual crosses.

Clinic Attendance and Participation

Feedback and Evaluations

  • During the clinic, the instructors and actors will give immediate and actionable feedback. There are NO delays. This allows the participant to immediately put the feedback into practice, improve listening, and enhance their cross-examination ability.

  • The cost includes the two-day, on-your-feet CLE which has been approved for up to 13 MCLE hours in many states. Lodging is not included; however, if the Clinic is being held at a hotel, we will assist in providing a room block when possible. Please contact Kim at kimm@doddlaw.com for additional information on lodging.

  • We know of no jurisdiction that has declined to award CLE credit for this or any of our instructors’ other trainings. If the participant has any issues obtaining CLE credit in your home state, we will make all efforts to assist.

  • About a year into the clinics, multiple participants suggested and asked for a ListServ as a means to communicate with other clinic participants via email. Participating in the ListServ is voluntary and will only be used for attendees and faculty.

  • Occasionally, we schedule 2-day Clinics limited to 8 alumni and 1-day Clinics limited to 4 alumni. These are designed to take our existing alumni to another level.

    Since alumni have already been through a clinic, the alumni clinics move faster and in greater depth. Different problems and exercises are used. The problems are more factually intense. We emphasize building chapters and sequencing chapters for maximum effect.

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