Tuesday, November 19, 2019 | 9:00 a.m. – 4:30 p.m.
| Program Instructor: |
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 Todd S. Winegar |
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Building on the popular Trials of the Century programs, Todd Winegar is back with more great trials, more actual video and transcripts –all illustrating techniques of persuasion – getting others to see and agree with your point of view – the very heart of what attorneys do daily.
- Watch entertaining top courtroom drama from the century’s most famous trials.
- Understand how the mind thinks and makes decisions, so that you can adopt techniques to influence the decision- making process.
- How juries and judges decide – the Twelve Principles of Persuasion
- Learn from the century’s greatest trial attorneys and adopt their examination techniques.
Cases covered include:
- US v. Shipp
- The Massie Affair – Darrow’s Last Trial
- Texas v. Michael Morton
- The Nuremberg Judges’ Trial – Ethical Issues
- The Ruby Ridge Trial
This program will not be taped, you only have one chance to see it – Live!
Live Program: $399 for Members | $499 for Nonmembers
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9:00 a.m. – 12:30 p.m. US v. Shipp The problem: Proposition 5 won, yet 63% could not describe what they just voted for.
- The reason: Daniel Khaneman’s Nobel Prize for understanding how the human mind reasons.
- Humans are “predictably irrational” – what you need to know to persuade.
- Persuasion and the new science of “Buy-ology” – brain scans to find the “buy button.”
- Learning from increasingly sophisticated scientific advertising persuasion techniques.
- The Three Faces of Honesty – A duty of independent investigation rather than turning a blind eye.
- RULE 8.4 MISCONDUCT – a lawyer cannot “(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”
- Misleading arguments and implications.
The Massie Affair – Darrow’s last trial
An “honor killing” involving a Navy Officer, social elite, and race.
A case that deeply affected an entire state’s culture and history.
How jurors and judges are “persuaded” to decide – the “Big Three” factors.
- Delivery is more important than the facts.
- Demosthenes: The three most important factors in persuasion are “delivery, delivery and delivery.”
- Jimmy Carter: “I was probably president because of Robert Redford” (who taught him how to deliver a line).
- Learning from The Presidential Debates – conquest and debacle.
- Posture, gesture, tone, voice, expression.
- WordSmithing – one word can, and has, changed the world.
- Set the rules and lower expectations.
- Keys to communication:
- The Listener’s WoW – Window on the World;
- First impressions last;
- Why mistakes are exaggerated – capitalizing and recovering.
Texas v. Michael Morton
The prosecutor was persuaded, absolutely sure, he’d convicted the right man. 25 years later the prosecutor said ‘the system’ failed Morton. But the prosecutor was sentenced to jail for withholding eyewitness testimony.- The Seven Sins of Sincerity – honesty is more than sincerity.
- RULE 8.4 MISCONDUCT – a lawyer cannot “(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”
- The new Scienceof Persuasion
- Heuristics and elaboration – superficial and deep thinking – how we work
- The mental map of how people are persuaded
- The five paths to persuasion
- The accelerators of persuasion
(This session will include a 15 minute break)
12:30 p.m. – 1:30 p.m. Lunch (on your own) 1:30 p.m. – 4:25 p.m. The Nuremberg Judges’ Trial - Persuasion gone wrong.
- Triumph of the Will– watch the greatest propaganda film ever.
- Unconscious appeal and the ethics of association.
- ABA Preamble [5] use the law for “legitimate purposes.”
- Deciphering the code of persuasion.
- Unconscious appeal and the ethics of association.
- Success & ethics – “Caesar: “ As perfect as a man could be, without being moral.”
- Brainwashing and propaganda principles:
- WWII – virtually no U.S. soldiers collaborated with the enemy; Korean War – more than 90% collaborated;
- The “step by step” process of Brainwashing.
- ABA Rules 3.3 & 4.1 ‘candor and truthfulness’ & Preamble [1] “the quality of justice”
- WWII – virtually no U.S. soldiers collaborated with the enemy; Korean War – more than 90% collaborated;
- The Seven Deadly Sins of Persuasion –where good lawyers ‘break bad.’
- Emotional control & arrogance – ABA Rule 1.3 ‘treat all persons with courtesy and respect.’
- Ambition – ABA Preamble [2] “consistent with honest dealings with others.”
- Culture – ABA Preamble [7] “guided by the approbation of professional peers.”
- Dishonesty – ABA Rule 8.4 (c) “dishonesty, fraud, deceit or misrepresentation.”
- Pressure and slant the facts – ABA Rules 3.3 & 4.1 ‘candor and truthfulness.’
- Ethics, the Basis of Civilization
- Triumph of the Will– watch the greatest propaganda film ever.
The Ruby Ridge Trial
- Jerry Spence to the defendant: ‘about the only thing we agree on is the government shouldn’t shoot mothers with babies in their arms’ – yet Spence took on the defense.
- Sloppy investigation means trial surprises.
- Basic decisions in preparation and trial can make good cases unwinnable.
- Spence won, yet right–wing tax protestors can go free after not paying taxes – why?
(This session will include a 15 minute break)
4:25 p.m. – 4:30 p.m. Learning from Trials of the Century -
CLE Credit
New York: 7.0 Total: 5.5 Skills, 1.5 Ethics
New Jersey: 7.2 Total: 5.7 General, 1.5 Professional Responsibility
California: 7.0 Total: 5.5 Skills, 1.5 Ethics
Pennsylvania: 6.0 Total: 5.0 General, 1.0 Professional Responsibility -
Sponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org______________________________________________________________