Course Offerings

The Hecht Training Group offers workshops and related programs, which combine simulations, interactive lectures, and demonstration. The workshops stress the “learning by doing” method of skills training.

Henry Hecht, David Sonenshein, and other members of The Hecht Training Group offer practical one- to-two day workshops that combine simulations, lectures, and demonstrations to teach deposition techniques at different skill levels.

FORMAT

The workshops stress the "learning-by-doing" method of skills training. Working in small groups, participants prepare, depose, and defend a witness in simulated depositions. After each performance, the participants are critiqued by a faculty, consisting of experienced attorneys from your office working with the instructor. In addition, performances can be videotaped for one-on-one review and critique.

During the workshop, the simulated depositions are interspersed with faculty demonstrations on witness preparation, examination and defense techniques, and the uses of depositions at trial.

The Hecht Training Group offers three separate depositions skills programs. A customized one-day course is presented for less experienced lawyers or summer associates. We also offer a one-to-two day more sophisticated program for more experienced associates. For associates who have taken either of the two lay witness deposition programs, a program on Depositions of Experts, described separately in the Course Offerings, is available. Before the workshops, it is recommended that at least one lecture be given by the in-house faculty on deposition skills, for which a speaker's outline is provided in the faculty teaching notes.

There is no limit on the number of participants for the workshops; however, the number is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

In advance of the program, participants receive detailed instructions, a case file, including pleadings, witness statements, documents produced in the litigation, experts' damage reports, and jury instructions, and background resource materials on deposition skills, including chapters from Mr. Hecht's book Effective Depositions (ABA 1997). In addition, in-house faculty members receive teaching notes outlining the skills to be taught, the lectures to be given, and the demonstrations to be performed during the program. A case file often used is Scoops v. Business-Aide, Inc. 4th ed. (2007), written by Mr. Hecht. The case involves claims of misrepresentation and breach of warranty in the sale of computer hardware and software to a small business. A demonstration DVD based on the Scoops case file is also available. If desired, other mock case files may be used. 

Henry Hecht, David Sonenshein, and other members of The Hecht Training Group offer a practical one- to two-day workshop that combines simulations, lectures, and demonstrations to teach about expert depositions.

FORMAT

The workshop stresses the "learning-by-doing" method of skills training. Working in small groups, participants prepare, depose, and defend an expert witness in a simulated deposition. After each performance, the participants are critiqued by a faculty consisting of experienced attorneys from your office working with the instructor. In addition, performances can be videotaped for one-on-one review and critique.

During the workshop, participant exercises are interspersed with faculty demonstrations of the deposition of an expert and the examination of an expert at trial. Professional economists and accountants, who are provided at no additional cost, play the parts of the expert witnesses.

Before the workshop, it is recommended that at least one lecture be given by the in-house faculty on depositions of, and discovery from, experts for which a speaker's outline is provided in the faculty teaching notes.

It is also recommended, but not required, that participants have participated in a prior Hecht Training Group workshop on lay depositions, described separately in the Course Offerings.

There is no limit on the number of participants; however, the number is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

In advance of the program, participants receive detailed instructions, a case file, including the reports and resumes of two opposing experts, and background resource materials on experts, deposition skills, and economic damages. In addition, in-house faculty members receive teaching notes outlining the skills to be taught, the lectures to be given, and the demonstrations to be performed during the program.

A case file often used is Donna Taylor v. Shape-Up Stores, Inc.2nd ed. (2007), co-authored by Mr. Hecht. The case involves the termination of a franchisees contract and the resulting claims of lost profits and net worth. As an alternative, a number of clients prefer to use the damages section ofScoops v. Business-Aide, Inc.4th ed. (2007), written by Mr. Hecht, if they have already used it during an earlier Deposition Skills Program. If desired, other mock case files may be used.

Henry Hecht, David Sonenshein, and other members of The Hecht Training Group offer four separate programs to train consulting experts who have not yet developed skills or experience in testifying at deposition or trial. The targeted participants for these programs, which last one-evening followed by a full day, are academics and the less experienced experts associated with consulting firms.

FORMAT

Deposition Testimony Skills 101 and 201 and Trial Testimony Skills 101 and 201 programs consist of an evening of interactive discussions concerning practical tips on testifying at deposition and trial, respectively. On the next day, we present a full day of demonstrations or hands-on (learning by doing) workshops that focus on testifying concerning an expert's damages report.

Deposition Testimony 101 and Trial Testimony 201, respectively, consist of demonstration depositions and demonstration direct and cross-examination trial testimony of experienced testifying experts from the host consulting firm, followed by discussion and critique/feedback. 

Deposition Testimony 201 and Trial Testimony 201, respectively, offer an opportunity for up to 20 participants to be examined in a mock deposition or trial by the trainers, followed by individualized critique/feedback from the trainers and the more experienced testifying experts of the host consulting firm.

MATERIALS

For the Deposition Testimony 101 and Trial Testimony 101 demonstration programs, we use a case file focused on an expert's report on damages in a contract case. For the Deposition Testimony 201 and Trial Testimony 201 hands on programs. we use a different case file focusing on a more intricate expert's report on damages.

Tim Hallahan, David Sonenshein, and other members of The Hecht Training Group offer an one-and-one-half day program consisting of interactive seminars and workshops on evidence.

FORMAT

The program consists of a morning interactive seminar on evidence, followed the same day by a guided preparation session. The next day includes one-half day of skills exercises. The seminar covers Making Objections, Motions In Limine, Relevance, Hearsay, Lay and Expert Opinions, Exhibits, Form of the Question Objections, and Impeachment. It features videotaped segments and audience interaction.

On the second day, small groups of participants conduct numerous evidence skills exercises. During each exercise the participants attempt to lay the foundations necessary to introduce various types of evidence including business records, contracts, summaries, real evidence, prior inconsistent statements, refreshed recollection, charts, photos, videos, demonstrations, and criminal convictions. Participants alternate as proponent, opponent, and witness. The exercises are designed to give the participants practice in laying foundations and in making and arguing objections. An in-house faculty member serves as "judge" and critiquer. The program requires at least one critiquer per group.

There is no limit on the number of participants for the workshop; however, the number of participants for a workshop is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

One case file used is Roundtable Recordings v. Ronni Fox et al. 6th ed. (2007), written by Mr. Hallahan. The case file involves a contract dispute between members of a pop singing group and their recording company. The file has four witnesses, two of whom can be expert witnesses. The same case file is used for Trial Skills. If desired, other case files are available.

Tim Hallahan, David Sonenshein, and other members of The Hecht Training Group offer an one and one-half day program that combines interactive seminars and workshops on direct and cross-examination skills.

FORMAT

The program consists of a half-day interactive seminar on direct and cross-examination techniques for trial, followed that same day by a guided preparation session. The first day's seminar features videotaped segments of examplar examinations and review of "must do" approaches and "must not do" pitfalls.

On the second day, small groups of participants take part in one day of simulated direct and cross-examination exercises. Participants alternate as examiner, opponent, and witness. The exercises are designed to provide the participants with practical "learning by doing" experience in the art of trial examination. After each simulation, the participant is given feedback critique in the group, and then goes immediately into a videotape review room to watch the performance one-on-one with a video critiquer. While the first participant is receiving one-on-one video critique and feedback, the next participant is performing live in the group exercise room. An in-house faculty member serves as "judge" and critiquer in the group exercise room for that group, and another serves as video critiquer for that group.

There is no limit on the number of participants; however, the number is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

Tim Hallahan, David Sonenshein, and other members of The Hecht Training Group, offer programs consisting of interactive seminars, exercises, and simulations to teach trial skills.

FORMAT

The workshop of two or three days consists of a half-day interactive seminar on trial advocacy, followed by one and one-half days of exercises. An one-half day or one day bench or jury can be added to the workshop. The seminar covers Trial Preparation, Opening Statements, Direct Examination, Cross-Examination, and Closing Arguments. It features videotaped segments and audience interaction.

During the exercises, each participant does four 10-minute exercises an opening statement, a direct examination, a cross-examination, and a closing argument. The exercises are done in small groups. After each exercise, the participant is critiqued in the group and then goes immediately into a videotape review room to watch the performance one-on-one with a critiquer. While the first participant is receiving feedback, the next participant is performing live in the exercise room. The program requires at least two critiquers per group.

An option, most often chosen, is to add a full trial the morning of the next day after the exercises. Here the participants, in teams of two, conduct a trial before a faculty member playing a judge or arbitrator. During the trial, each participant on a team does a direct and cross-examination, with one giving the opening statement, and the other the closing argument. The judge, and perhaps another critiquer, will discuss the performances afterwards. 

There is no limit on the number of participants for the workshop; however, the number of participants for a workshop is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

One case file used is Roundtable Recordings v. Ronni Fox et al. 6th ed. (2007) written by Mr. Hallahan. The case file involves a contract dispute between members of a pop singing group and their recording company. There are four witnesses, two of whom can be expert witnesses. The same case file is used for both the exercises, the full trial, and Evidence Skills. If desired, other case files are available.

Jessica Notini and other members of The Hecht Training Group offer a practical one- to two-day workshop, which combines simulation exercises, lectures, and group discussion to teach negotiation skills.

FORMAT

The workshop stresses the "learning by doing" method of skills teaching. This workshop is intended for both litigations and transactional lawyers.

Participants negotiate mock problems followed by group discussion of the strategies, tactics, and results led by the trainer. As an alternative, the participants can negotiate before faculty observers, consisting of experienced attorneys from your office working with the instructor, and then receive individual feedback before the group discussion led by the trainer. In addition, if desired, the negotiation exercises can be video recorded for one-on-one review and critique. As an alternative to using attorney observers, the problems are negotiated by the participants, followed by group discussion lead by the trainer.

The length of a program depends on the number and nature of the problems that are negotiated. In addition to the simulations, the workshop can include lectures on preparing to negotiate as well as on negotiating tactics and countermeasures. Some firms prefer to schedule the lectures before the workshop, rather than during the workshop itself. If the lectures are held before the workshop, a speaker's outline is provided to the in-house faculty.

The first part of the workshop focuses on the competitive approach to negotiating, sometimes referred to as "win-lose" bargaining. The second half examines the problem-solving approach, sometimes referred to as "win-win" bargaining. The use of negotiation exercises in different contexts, with no requirement of specialized knowledge, allows both litigators and non-litigators to participate.

Topics discussed during the workshop include: target setting; first offers and demands; concession patterns; how to give, get and guard information; differences in competitive and problem solving techniques; creating a negotiation agenda; and breaking deadlocks.

There is no limit on the participants for a workshop; however, if individual negotiators are to be observed, the number is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

The mix of simulation exercises is chosen in consultation with the client. The problems have a common fact sheet and separate "confidential information," including a statement of client authority. In addition, for each exercise, a negotiation preparation form to be completed by each participant is provided. The form focuses the participants on how to prepare and may be used for review of individual performances in light of initial plans.

Tim Hallahan, David Sonenshein, and other members of The Hecht Training Group offer a practical, one- and one-half day workshop, which combines simulations, an interactive seminar, and demonstration to teach the skills of pre-trial motion practice.

FORMAT

The workshop stresses the "learn-by-doing" method of skills training. To begin the program, the instructor, using a demonstration videotape, lectures on effective techniques of oral advocacy. Then working in small groups, each participant argues two pre-trial motions, either as the moving party or as the respondent. After each argument, the participants are critiqued by faculty "judges," consisting of experienced attorneys from your office working with the instructor. In addition, the arguments can be videotaped for one-on-one review and critique.

During the workshop, in-house faculty members demonstrate the skills of oral argument, using an active case from the office or one of the hypothetical problems provided in the workshop materials. As an alternative, a pre-recorded videotape of an oral argument can be used.

There is no limit on the number of participants; however, the number is contingent upon the number of available in-house faculty. To train the attorneys who serve as in-house faculty in the techniques of observation and critique, a faculty training session precedes the workshop.

MATERIALS

In advance of the workshop, participants receive detailed instructions, the five workshop problems, and background resource materials on oral advocacy skills. In addition, in-house faculty members receive teaching notes outlining expected arguments and suggested questions for the faculty "judges" to ask the parties.

The five workshop problems consist of a brief fact pattern, a summary of relevant law (no further legal research is required), and supporting evidence. The five problems include:

•  A motion to dismiss for lack of personal jurisdiction;

•  A motion to compel production of a report after a claim of privilege and/or work product;

•  A motion for summary judgment on a claim of a subsequent purchaser's liability;

•  A motion for injunctive relief to enforce a non-competition covenant; and

•  A motion for injunctive relief to prevent the seizure of collateral after an alleged default on a loan.