Phillip Miller

Miller Law

Download Now: “Wordless Persuasion”: The Neuroscience Based Skills that Provide the Key to Connection with Jurors.

"Anything that makes us more credible with jurors cannot be ignored. Gestures, eye contact, voice control, and smiling all make a difference, but you must have someone who can demonstrate these skills and coach you thru the transition to establishing real connections with jurors.”

I am a good teacher. I like to teach, and I enjoy working through the kinds of problems that we face as trial lawyers in our cases, in the courtroom, and with juries. Deposition and Case strategy (along with jury research) are my specialty areas. That includes collaboratively building detailed, realistic models of the defense case, testing case facts and theories with surveys, developing and testing alternative theories, and conducting in person research, including the use of shadow juries. I'm excited to be at TLU and have an opportunity to work with each of you.

There are some personal things about me that you should know. I am a teaser. It’s hard for me to resist the temptation to tease people when the occasion arises. It’s never in meanness and I try to be considerate of other’s feelings, but I probably have some work to do in that area. I am also blunt, I blame my parents and the rest of my family. In fairness, it's possible that none of them are as blunt as I am. If we are working together and you ask me what I think, I will be as gentle as I can be. I’ve gotten better with age but sometimes a blunt answer just spills out. Sorry.

When I teach, my goal is to collaboratively move people to a different level of insight and skill. That’s fun for me. It gives me joy. Otherwise, I am an open book. I’m not including the usual stuff about schools, degrees, writings, wins/losses, certificates, ribbons, ratings, spouses, hobbies, dogs, adventures, and travel…but ask if you are interested. I look forward to meeting you.

Phillip Miller
Phillip Miller

Defense Tactics Used to Stop Nuclear Verdicts

If you have a case with the potential for a “nuclear verdict”, learn what tactics the defense is likely to use to prevent you from getting the results you might expect, as well as the counter moves to prepare.

In this presentation Phillip will be sharing the tactics being used to:

  • Interfere with testimony that is beneficial to the plaintiff;
  • Use the plaintiff’s witnesses to undermine economic and non- economic damages;
  • Remove anger from deliberations;
  • Use of numerical anchoring;
  • Creating a defense damage model to disrupt large damage verdicts
Phillip MillerEdward CiarimboliThomas Vesper
Phillip Miller · Edward Ciarimboli

Advanced Deposition Strategy and Practice

The strategy embedded in your depositions will determine the outcome of your case.

Join Phillip Miller (author of Advanced Deposition Strategy and Practice) as he teaches his techniques for taking depositions that will change the defendant’s perception of its risk, decrease your dependence on expert testimony, create persuasive visual evidence from within the deposition, and address the 5 most common questions jurors want to know about your case.

Deposition College goals:

  • Participants will develop and practice a strategically developed outline of a key deposition in one of their cases.
  • Participants will develop a visual strategy/exhibits to use with their deposition.
  • Participants will practice execution of their plan and have an opportunity to be on their feet and “re-do” portions of the deposition as needed.

While the strategies developed will be case specific, there will be incredible learning and carry over from watching fellow participants.

8:30 – 9:30 am Workshop 4: Practice Session -Establishing Rules From Defense witnesses/Miller Mouse trap - small groups (use your own case)

9:45 – 10:45 am Presentation - Deposing the Difficult/Evasive Witness (including the Mongoose method used to counter Reptile)

  1. “It depends”/”Not Necessarily”
  2. Using Exhaustion
  3. The one fact, one question approach
  4. How to deal with non-responsive answers
  5. Using exhibits for control

11:00 – 12:00 pm Workshop 5: Deposing the Evasive Witness

1:30 pm – 2:30 pm Using Exhibits/Visuals in Depositions

  1. Powerpoint
  2. Butcher block paper
  3. Photos
  4. Marked up documents

2:45 – 3:45 pm Workshop 6: Creating/Using Visuals in Depositions (use your own case)

  1. Powerpoint
  2. Butcher block paper
  3. Photos
  4. Marked up documents
  5. Agree/Disagree statements
  6. Yes/No matrixes

4:00 – 4:45 pm Deposing Medical and Other Experts

  1. To Depose or Not to Depose
  2. Silver Bullets
  3. Areas of Agreement
  4. Daubert/FRE 703 Principles
  5. When to depose or not depose experts
  6. The Daubert Outline

4:45 pm – 5:30 pm Workshop 7: Deposing the Defense Medical Examiner/Rehearsal of Practice of Areas Chosen by Participant

Phillip MillerDan Ambrose
Phillip Miller · Dan Ambrose

Wordless Persuasion: The Neuroscience-Based Skills that Provide the Key to Connection with Jurors.

Gestures are "an elaborate and secret code that is written nowhere, known to none, and understood by all." - Edward Sapire.

For most lawyers the practice of law and litigation is all about the use of written and spoken words to persuade jurors and judges to deliberate and return a favorable verdict. Connecting with jurors requires more than words.

Just as word choice and delivery are important, people are also affected by gestures, physical position, eye contact and facial expressions. These forms of persuasion are generally an unplanned part of a trial presentation. A studied reflection on the literature and neuroscience suggests that the use of the techniques of gesture, eye contact, and facial expression should not be left to chance. “Wordless Persuasion” has been used by many attorneys successfully (often unconsciously) for decades. Until recently, no one could do more than speculate about the connections that we now know exist between gesture, speech, facial expression and its effect on jurors. As we will discuss, some of the accepted folklore about persuasion is wrong and counterproductive.

The skills and insights that allow some successful practitioners to consistently get large verdicts goes beyond their ability to talk, use exhibits or conduct jury research. “Wordless Persuasion” is what makes some “ordinary” lawyers extraordinarily effective. The “why and how” of creating connections with jurors is the subject of this study.

The classic quote from Houston Attorney Howard Nations “Who played me?” illustrates the important principle that connection with a jury is not measured in opposition focus groups or surveys and is consistently underestimated by opposing counsel and their corporate employers.

Edward CiarimboliPhillip Miller
Edward Ciarimboli · Phillip Miller

Bring Your File

Participants will have an opportunity to work on whatever challenges they are having on their trucking case in a small group setting.

TLU Live HB Agenda