Trial Techniques for the Labor and Employment Law Practitioner


Trial Techniques for the Labor and Employment Law Practitioner is published in conjunction with the ABA Section of Labor and Employment Law’s Trial Institute.


Trial Techniques for the Labor and Employment Law Practitioner is an essential tool for labor and employment lawyers who find themselves in the courtroom. It covers trial preparation, post-trial motions, and everything in between, so having this convenient reference close at hand will give advocates much needed peace of mind.


Effective Trial Advocacy in Employment Law 

  • What’s Different About Employment Cases
  • Developing Case Theories and Themes
  • Effective Storytelling

Preparing for Trial 

  • Marshaling the Evidence
  • Trial Notebook
  • Mock Trials/Focus Groups
  • Planning the Case-in-Chief

Motions in Limine 

  • The Function of Motions in Limine
  • Common Motions in Limine in Employment Cases
  • Preparing Effective Motions in Limine

Final Pretrial Conference 

  • Operative Rules
  • Items Typically Covered
Jury Selection
  • Jury De-Selection: Identifying Risky Jurors
  • Use of Juror Questionnaires
  • Conducting Attorney Voir Dire
  • Challenges for Cause
  • Peremptory Challenges
Opening Statements
  • Purpose, Procedure, and Limitations
  • Best Practices

Direct Examination

  • The Purpose of Direct Examination
  • Planning the Direct Examination
  • Preparing Witnesses for Testifying on Direct
  • Conducting the Direct Examination
  • Handling Exhibits


  • The Purpose of Cross-Examination
  • Planning the Cross-Examination
  • Conducting the Cross-Examination

Handling Expert Witnesses

  • Types of Experts in Employment Cases
  • Selecting and Preparing Expert Witnesses
  • Excluding or Limiting Expert Testimony at Trial
  • Direct- and Cross-Examination of Expert Witnesses

Trial Graphics and Courtroom Technology

Jury Instructions

  • Pattern Instructions
  • Special Instructions
  • The Jury Charge Conference
  • Preserving Instructional Issues for Appeal

Verdict Forms 

  • General Verdicts
  • Special Verdicts

Closing Arguments

  • Preparing the Closing Argument
  • Delivering the Closing Argument
  • Improper Argument

Post-Trial Motions

Request your complimentary demo of Bloomberg Law today for a first glimpse at the future of legal research.


Bloomberg Law authors and editors are practicing professionals with insider perspectives and real-life experience. 

Mark P. Grajski is a partner at Seyfarth Shaw LLP, Sacramento, CA.

Eric W. Iskra is a member and Chair of the Labor and Employment Practice Group at Spilman Thomas & Battle, PLLC, Charleston, WV.

ISBN:  978-1-68267-564-9


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