Active Questioning: How To Control Juror Focus And Witness Dynamics With Acting Techniques (deposition, voire dire, direct, cross)

*CLE Accreditation Please be advised that this course, offered on LearnFormula, has been accredited by Act of Communication (California Bar Provider ID: 4205), a recognized provider of continuing legal education by the California State Bar. Act of Communication is responsible for issuing continuing legal education (CLE) credits to participants who successfully complete this course.
In the theatre, stories are told either by one character in monologue as a direct address to the audience or in dialogue with other players. In trial, the same exact situation exists. In Opening and Closing, the lawyer is speaking alone in direct address to the jury. The entire middle of the trial is a series of dialogues between the lawyer and the other players in the drama: the witnesses and the jurors.
In addition to the lawyer as actor who is either delivering the monologues or speaking his or her part of the dialogue, the lawyer in this part of the trial more than any other is the stage director guiding the focus of the jurors and the witnesses to where he or she feels at any given moment of the trial is the most advantageous to his or her telling of the story.
In this video, the viewer learns how to not only control the focus of the jurors, but also how to control the witness in both direct and cross examination. Through watching the participants and watching through the eyes of the witness and the juror, the attorney learns what it feels like to be in those places in the courtroom in order to get a greater understanding of how to control those who sit in those places. The rising inflection (the questioning inflection) is also briefly explored in this video.

ACT of Communication®
ACT of COMMUNICATION® is an innovator in legal and trial consulting. We are nationally recognized for excellence in training attorneys and for our trial consulting work with lawyers and witnesses on a range of cases. ACT of COMMUNICATION® is the first company to bring theater and law together. To exploit the connections between these two disciplines for the common good of both. ACT of COMMUNICATION® was founded over 40 years ago to set a new standard in the art of advocacy. We’ve trained thousands of attorneys in workshop settings, continuing legal education (CLE) accredited classes and private trial consultation with precise theatrical techniques to optimize results in trial, mediation, arbitration and other professional appearances. From witness preparation, depositions or negotiation conferences, trial strategy, judge and juror communications, to orchestrating opening and closing statements, we are committed to our clients learning exactly what’s needed to create and enhance the authenticity and impact of their own communications. We invite you to explore our web site and discover how to ensure that your next professional challenge becomes your next triumph.

Trial consultant
A trial consultant who specializes in live communication skills based in the discipline of theatre, Katherine James has been working to make attorneys and witnesses better courtroom communicators since 1977. Over 40,000 attorneys have taken ACT of Communication™ workshops that she developed with co-founder Alan Blumenfeld. She has helped take over 2,500 matters to trial and helped prepare literally thousands of witnesses, including experts of every stripe. She coaches witnesses and their lawyers to reach, persuade and activate jurors. She has taught for AAJ (formerly ATLA) ABTL, ABA, NITA, DRI, CICA as well as many private law firms and bar associations. Over 40,000 lawyers have taken her workshops. Over the past 15 years more have purchased her Online/DVD series “What Can Lawyers Learn From Actors?™”. She has just released another Online CLE – “How To Make Your Witness A STAR” encapsulating her unique witness preparation system. She has also developed “GoodLawyer/BadLawyer™ Hats” for attorneys to use in witness preparation. She has been widely published and her articles can be read in the Knowledge Tank on the ACT of Communication™ website. She and her co-founder and husband, Alan Blumenfeld, are proud members of The American Society of Trial Consultants. She is an active theatre artist who performs and directs regularly and is writing a new musical based on a plaintiff’s case she worked on: “Headcase”. She holds a BFA from Illinois Wesleyan University and an MFA from The American Conservatory Theater. Her older son, Jordan Blumenfeld-James, is a plaintiff’s lawyer with Simon Greenstone, Panatier. Her younger son, Nathan Blumenfeld-James is the Founder and Executive Director of BLKMKTMUSIC, composing original music and supplying music to the film and television industry.

Trial consultant
Alan Blumenfeld graduated with a BA from Sarah Lawrence College and earned his MFA at the American Conservatory Theater where he trained as a classical repertory actor. It was there in 1973 that he, and his wife Katherine James, began their lifelong collaboration as theater artists, teachers and visionaries – applying theater techniques to other disciplines, most notably the law. Alan is a member of the American Society of Trial Consultants. For over 40 years, as co-founder of ACT of COMMUNICATION® Alan has been developing,and conducting workshops for lawyers and their clients all through the country and the world. For more than 10 years, ACT of Communication TM has been training attorneys and their witnesses virtually. Literally, pioneering these skills, which now have become more important than ever, Aland and Katherine are leaders in the use of virtual technology for court appearances, witness preparation and lawyer training. As a highly sought after teacher and performer, Alan has taught more than 40,000 attorneys in Legal Education courses, colleges, self-sponsored workshops, law firms and as a part of faculty at law schools and legal seminars, including: NITA, ALI-ABA, The Defense Research Institute, Attorney’s General Advocacy Institute, USC Law School, Harvard Law School, Georgetown Law School, American Association for Justice Ultimate College (Founding Faculty), and scores of others; as well as at firms such as O’Melveny & Myers, Munger Tolles & Olson, Fish & Richardson, Latham & Watkins and internationally in Edmonton, Canada and a series of workshops in Australia for The Shine Law Firm. In 1977, Alan and Katherine also founded the Free Association Theater, a collection of theater artists creating, producing and performing original works and adaptations of classical literature. Currently, Alan and Katherine are producing Katherine’s original plays in the Los Angeles area. For over 40 years, Alan has had an active career in film, television and theater, having guest starred on more than 300 television shows and appearing in more than 30 films. You can see Alan on SPACE FORCE showing on NETFLIX. One of Alan and Katherine’s favorite projects was performing in the film, CALLBACK, with original music and sound recording by their son, Nathan Blumenfeld James. Their older son, Jordan, has been named a Rising Star in the Super Lawyers of Los Angeles and California.