January 4, 2010

2010 Litigation Institute for Trial Training

Save the date! The ABA Litigation Section has scheduled the next annual Litigation Institute for Trial Training (LITT) for July 9-10 at the Loyola University Chicago School of Law. You can register on the ABA website starting in February. I and my colleagues at the ABA created LITT to offer a small group of attorneys an intensive, two-day training experience with outstanding trial lawyers and jurists from around the country. Limited to just 40 participants, LITT 2010 will likely fill up quickly. The faculty this year will include, among many other fine people:

The Honorable Marvin E. Aspen
Kim J. Askew (K&L Gates, Dallas)
James J. Brosnahan, (Morrison & Foerster, San Francisco)
Jo-Ellan Dimitrius (Dimitrius and Associates, Pasadena, California)
The Honorable Mark A. Drummond
Steven Susman (Susman Godfrey, Houston)
Lorna G. Schofield (Debevoise & Plimpton, New York)
Robert L. Rothman (Arnall, Golden Gregory, Atlanta)
Terence MacCarthy (Federal Defender Program, Chicago)

Feel free to contact me if you have any questions about the program.

July 17, 2009

ABA Boot Camp Training Program


On July 9th and 10th the Litigation Section of the ABA presented its annual two-day trial "boot camp" training program in Chicago. The program was sold out, with forty participants. Young attorneys should consider signing up early for next year's program, scheduled for July 8-9, 2010, in Chicago. Click here for the full agenda of the 2009 program, which should be similiar to next year's.

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May 21, 2009

Building Your Practice

In light of the economic downturn, I have been posting ongoing suggestions on building your legal practice. If it's the middle of the day, and you're reading this, you might be one of the many lawyers out there with too little to do. In that situation, the last thing you want is to get demoralized and question your abilities. You need to stay engaged however you can. The good news is, now you may have the time for all that non-billable work you've been putting off for months, if not years.

There are thousands of ways to attract business, but the best of way is to be a top-notch attorney in every matter that crosses your desk, no matter how trivial it may be. You never know what might lead to something else. I would say that being a good lawyer entails many things that not all lawyers do--staying up-to-date with developments in your practice and communicating about them with your client base. That communication can take the form of articles you publish, newsletters, white papers, bar association events, seminars, and even casual conversations with acquaintances. If you are clearly passionate about what you do, you will be involved in all sorts of ways, and that involvement will, over time, lead to clients. But be patient. It won't happen overnight. Don't expect it to. Enjoy the non-billable work; think of it as part of your vocation, not a chore, and the enthusiasm will bring results.

October 28, 2008

The Anatomy of a Trial

November 10 marks the launch of my newest book, Anatomy of a Trial. Here is a sample from the introduction, which describes why I wrote the book and why it may be of interest.

…..

In 2004, a University of Wisconsin law professor named Marc Galanter published a revealing report entitled The Vanishing Trial. It documented what so many litigators have witnessed year after year, decade after decade: a drastic decline in cases going to trial.

To give you a sense of how extreme this trend has become, consider these statistics from Galanter’s paper: In 1962, 11.5 percent of all civil dispositions filed in U.S. district courts went to trial; by 2002 that figure had dropped to 1.8 percent. The decline has been steady and steep, and as a result, a whole generation of litigators is moving up in the profession with little or no practical experience trying cases in a courtroom.

The causes of this phenomenon are for another book. This volume has been designed for young trial lawyers eager to gain an appreciation of how to handle real problems encountered during jury trials. Theories about trial advocacy abound and can be read about in numerous books. But as any experienced litigator knows, theory is often complicated, and sometimes compromised, by the realities of an actual trial.

For illustrative purposes, this book considers the key phases of jury trials (opening statements, direct and cross-examination, closing arguments and voir dire) in the light of a particular case: United States of America v. David Rosen. I chose this case in part because of the subjects it involved – campaign finance, national politics, and Hollywood fundraising, among others – but primarily because the trial was rigorous and challenging.

The case arose out of a lavish fundraising event held in Los Angeles during the Democratic National Convention in August 2000. Billed as “A Tribute to William Jefferson Clinton,” the event involved a dinner and concert that included performances by Cher and Diana Ross, among others; a parade of celebrities attended, contributing tens of thousands of dollars to a joint fundraising committee established in part to support Hillary Clinton’s bid for the U.S. Senate. The ensuing indictment focused on the role a young fundraiser played in organizing the event and whether he caused false reports about its costs to be filed with the Federal Election Commission (FEC). David Rosen, the defendant, was the Clinton campaign staff person who, at the age of 33, went to Los Angeles to coordinate and oversee the gala on behalf of the joint fundraising committee. The entire event was put together in a few weeks.

The violation of law alleged by the government was based on highly complex and arcane rules established by the FEC. Under those rules, the joint committee could legally allow the company, Stan Lee Media, to pay for an unlimited amount of the costs of the event, but whatever amount was paid had to be reported, by the joint committee on its public disclosure reports to the FEC, as an in-kind contribution. Such an in-kind contribution also had to be accounted for by the joint committee in a complicated way that involved transferring funds from the account from which the Clinton campaign would obtain its share of the event’s proceeds.

Continue reading "The Anatomy of a Trial" »

September 30, 2008

Mandatory Continuing Legal Education

My colleague, Paul Bekman, and I have sent this letter to Judge Wilner, Chairperson, Standing Committee on Rules of Practice & Procedure, and I thought I would share it with my readers...

We, members in good standing of the Maryland Bar, respectfully request that the Standing Committee on Rules once again consider recommending to the Court of Appeals mandatory continuing legal education (MCLE) for members of the Maryland Bar.

The challenges confronting the practice of law and our legal system today are more formidable than ever before. The law grows ever more complex, nourished by new statutes, new rules, new opinions by our distinguished courts, and new threats from forces that strain our traditional understanding of the rule of law and individual rights and liberties.

To meet the challenges of modern law practice, lawyers more so than ever before must be competent. The ABA Section of Legal Education and Admission to the Bar defines competency as basic skills, knowledge of the law and legal institutions, and the ability and skill to apply oneself to the task accepted with reasonable proficiency.

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August 1, 2008

Litigation Institute for Trial Training 2008

I recently returned from the Litigation Institute for Trial Training, or LITT, as it is affectionately known. Outside of trying cases, I cannot imagine a better way to hone your litigation skills in such a short period of time.

LITT is an annual, two-day trial training boot camp hosted by the ABA Litigation Section at the DePaul University College of Law in Chicago. The year’s gathering (July 10 and 11, 2008) featured some of the top trial lawyers and judges in the United States. Patrick Fitzgerald, U.S. Attorney for Illinois and prosecutor in the Libby case, explained the art of opening statement. Judge Marvin Aspen of the U.S. District Court for the Northern District of Illinois worked with participants on direct and cross-examination. Steve Susman of Susman Godfrey and Professor Stephen A. Saltzburg of George Washington University Law School presented on closing argument. Also among the faculty were: Chicago federal public defender Terrance MacCarthy, who lectured on cross; jury consultant Jo-Ellan Dimitrius, who talked about mock trials and jury consultants; James J. Brosnahan of Morrison & Foerster, who presented on great trials and great trial lawyers; and Ed Waller of Fowler White Boggs Banker in Tampa, Florida, who offered thoughts on ethics and civility. No aspect of trial practice was left untouched. Yours truly spoke about “twelve secrets of persuasion.”

The program alternated between lectures, demonstrations, and opportunities to perform before peers and faculty. Participants were also exposed to faculty critiques and went home with a video of their own performances for further study.

As expected, we had a full house, with forty young trial lawyers registered. If you are interested in participating next July, contact me ASAP and I will put you on the list. Though it seems we are running out of space quickly, in the case of timely responses, I should be able to guarantee a slot for LITT 2009.

June 27, 2008

Karen H. Rothenberg

Much news this week from Karen H. Rothenberg, Dean of the University of Maryland School of Law. On Wednesday she offered an excellent op-ed on the importance of law schools' attending to the ethical aspects of the legal profession. And yesterday came word that she will be stepping down as dean and returning to the faculty at the end of next school year.

The law school will miss her leadership. Over the years she has steered the school with the same moral sensibility that is on display in the op-ed, in which she announces that:

Thanks to a $1.6 million investment from the Fetzer Institute, the UM School of Law has recently launched a pioneering initiative that will emphasize ethics, moral formation and leadership development for lawyers.

This is an excellent initiative. In 2003 I attended a meeting of the 4th Circuit Judicial Conference at which several law school deans, including Dean Rothenberg, discussed the future of legal education in the country. Afterwards, I wrote an article for The Daily Record entitled "A Challenge to Law Schools" that addressed this very topic.

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June 16, 2008

Maryland Discovery Problems & Solutions

Maryland Discovery Problems & Solutions is a new book co-authored by Chief Magistrate Judge Paul W. Grimm, Charles Fax (of Rifkin, Livingston, Levitan & Silver) and yours truly. We and others offered an unusual seminar based on the book at the Maryland State Bar Association's annual meeting in Ocean City last week. The Daily Record ran this preview of the event.

If you think you know discovery rules inside and out, note Judge Grimm's comment in the article:

Issues Grimm said he sees all too frequently include “non-particularized or generalized boilerplate objections” to discovery requests, which give the judge little insight when ruling on the subsequent motion to compel; lawyers stating facts in motions without supporting them with a citation to any affidavit or document; and lawyers who fail to realize that litigation proceeds in an “adversarial system but in discovery you have to cooperate” and compromise.

For those who want to brush up on MD discovery rules, you're not too late for two upcoming MICPEL programs on the same topic, offered on June 17 and July 16. Details available here.

May 14, 2008

International Conference on Jury Trials and Art Theft

Art theft and jury trials were the topics of a conference in Bilbao, Spain hosted last week by the UIA (Union Internationale des Avocats) and the ABA Litigation and Criminal Law Sections. If you’ve the time to attend such international gatherings, I recommend them. In learning about the legal systems in other countries, you come away with a better understanding of your own. You also get to meet attorneys you otherwise wouldn’t.

The night of May 9, the Bilbao Bar Association hosted attendees to a welcoming reception that featured a live choir performance of Basque folk music. Early the next day, the program began with a comparative overview of the common law and the civil law procedures in Europe and predominately Spain. Later, Professor Mar Gjimeno-Bulnes Associate Professor at the University of Burgos explained salient distinctions between the Spanish and U.S. jury trial systems. (In Spain jury trials are limited to criminal cases, and the verdict must be decided by majority. Significantly, Spanish juries must state the basis of and provide a rationale for the verdict.)

For the American perspective, U.S. District Court Judges Marvin Aspen and Marvin Garbis gave an overview of our criminal and civil justice systems. Professor Stephen Landsman of DePaul University College of Law eloquently summarized the key attributes of U.S. jury trial procedure and provided historical context.

In the afternoon, under the leadership of Professor Stephen A. Saltzburg of George Washington University School of Law, a group of American lawyers presented segments of a criminal trial. Yours truly presented an opening statement. Ann Swern, Assistant District Attorney in Brooklyn, New York, conducted direct examination, and Janet Levine of Los Angeles, California conducted cross examination of a witness. Wayne McKenzie, Vera Foundation, Brooklyn, New York, demonstrated a closing argument.

Another highlight of the afternoon was an explanation of the Spanish jury system by Gustavo Lopez-Munoz Ylarraz, founder of the Spanish Association for Trial by Jury.

That evening, we gathered for dinner in the Museo Guggenheim Bilbao, one of the most stunning buildings I’ve even seen. (Follow the link for a vista and virtual tours.) The cuisine here wasn’t short of stunning either.

On Saturday, the program shifted to the mystery of stolen art, featuring Andrea Pizzi, President of UIA Art Law Commission from Belogna, Italy; Claudia Von Selle of Berlin, Germany, who discussed ancient art taken by one country from another and art taken in war time; Howard Spiegler of New York; Luis Li of San Francisco; and Richard A. Altmann of New York.

Noah Charney also spoke. Charney, a distinguished author now residing in Slovenia, wrote the exciting novel “The Art Thief” and formed the Association for Research into Crimes against Art, the first think tank/consultancy group on contemporary issues in art crime. He talked about the history of art theft, the nature and extent of art theft in its many forms as well as ways to prevent the crime.

The program concluded with an invitation by the Spanish Bar Association to develop further programs and discussions, hopefully next year in Barcelona.

May 6, 2008

Art Theft and Jury Trials in Spain and the U.S.

Art theft and jury trials will be the subjects of a unique two-day program in Bilbao, Spain later this week. Organized by the ABA and the Union Internationale des Avocats, the event will first offer participants a comparative overview of the jury trial systems in the U.S. and Spain. The second day features a rich program on art theft, including a look at infamous art heists and related litigation. I'm fortunate to be attending as a speaker and look forward to reporting back on what's said. You can read about the event here: Download file.


April 25, 2008

Maryland Trial Attorneys Find Camaraderie in Inns of Court

Last week the J. Dudley Diggs American Inn of Court in Baltimore had its last meeting of the season. While it's on my mind, I thought I would recommend the Inns of Court to anyone looking for a place to meet and learn from other lawyers and judges. Trial attorneys in Maryland and across America have benefited for decades from these unique institutions.

In this state we have five Inns of Court, one each in Baltimore, Annapolis, Howard County, Prince George’s County, and Montgomery County. Most familiar with Baltimore's Inn, I can shed some light on its activities. But first some background:

We have the English to thank for these groups. Shrouded in the mystery of medieval times, the English Inns of Court today serve as they have since at least the 14th century, as small, local universities of law. The four Inns "across the pond" are, in fact, central to professional life; they have exclusive right to admit the degree of Barrister at Law, which enables one to practice as a courtroom advocate.

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