Please note that MCLE will be closed on Monday, April 15, 2024 in observance of Patriots Day.

Witness Preparation the Better Way

Unlocking the secrets to testimonial success

  • Product Number: 2220078WBC
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
  • Print Brochure
  • Add to Favorites List

Choose Date/Location:

Registration for this program is closed
Also Available:
MP3 Download
MP3 Download Add to Cart
Includes downloadable supporting materials. $245.00; Members $220.50; New Lawyers $122.50 Free for OnlinePass subscribers.
Ondemand Webcast
On Demand Webcast Add to Cart
Includes downloadable supporting materials. $245.00; Members $220.50; New Lawyers $122.50 Free for OnlinePass subscribers.
On Demand video and audio
Related On Demand Videos
See Agenda below to purchase individual video segments from this program. Pricing varies by video length. Member and new lawyer pricing available. Free for OnlinePass subscribers.
  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    Answers are hugely consequential. In this engaging program, Ken Berman, popular public speaker and author of the ABA best-selling book Reinventing Witness Preparation, teaches his pathbreaking approach to preparing witnesses—markedly different from the conventional approach. Most lawyers prepare their witnesses based on the idea that the less information the witness gives to opposing counsel, the better. Berman shows why that approach puts witnesses on a road to testimonial failure, why brevity is often more harmful than helpful, and how lawyers can prepare their clients so that the answers actually help their cases.

    Berman's approach is based on the idea that witnesses need to get their stories out and that the goal of effective preparation is to teach witnesses how to testify in ways that build trust and credibility with the factfinder and support the theme of the case. Between an experienced cross-examiner and the witness, the witness is at a disadvantage. Berman shows how witnesses, if properly prepared, can neutralize that dynamic, avoid the interrogator's traps, and get the upper edge in spheres that matter: content, theme development, style, and likability.


    KENNETH R. BERMAN co-chairs the business litigation practice group at Nutter McClennen & Fish LLP in Boston, Massachusetts. Mr. Berman represents clients in complex business cases, intellectual property disputes, and real estate and land use litigation. Mr. Berman is also an author, columnist, and public speaker. In addition to authoring Reinventing Witness Preparation: Unlocking the Secrets to Testimonial Success, he writes a quarterly column for Litigation, the flagship litigation journal of the ABA, where he challenges assumptions and conventional wisdom about litigation and legal disputes, suggesting solutions to things most lawyers are unaware might need fixing. His TED-style talks on witness preparation and persuasion have received wide acclaim from bar groups around the country.

    Also Available: Reinventing Witness Preparation 

    If you can't get enough of Ken Berman's insights during the program, you can order Reinventing Witness Preparation. This guide helps you properly prepare your client to testify at trial with clear and simple rules. Available from The American Bar Association at

  • Agenda

    Agenda & Materials

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty