Theory To Verdict '13

Recorded March 1, 2013


  • General Practice and Trial Law Section, State Bar of Georgia


  • Roger J. Dodd, Dodd & Burnham, P.C., Valdosta

  • Larry S. Pozner, Attorney at Law, Denver, CO

Overriding Principles

  • Maximizing facts/Not law
  • How juries learn—efficient real time learning
  • The lawyer as a teacher and guide
  • Efficient real time learning

Constructive Learning

  • Consistent teaching in directs and crosses
  • Integration in openings and closings
  • Easier preparation

Theory, Theme, and Theme Lines

  • Refining your theory through positive feedback
  • Evolution of the theory
  • Theme lines that touch the fact finder

Developing Major Cross-Examinations First

  • Integrating theory into cross-examination
  • Finding and capitalizing on theme lines
  • Reducing stress on your directs

Voir Dire

  • Sensitizing and conditioning the listeners
  • Exploring bias, interest, & prejudice
  • Bad news—how to deal with it

Direct Examinations

  • Chapter method
  • Demonstrative evidence and other visuals
  • When to redirect


  • Theory driven
  • Fact intensive
  • Telling and showing the story


  • Integration of theory
  • Oratorical devices
  • Empowering and motivating the jury

Twelve Ways to Adapt for Bench Trials and Non-Jury Hearings