The Art of Advocacy

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.

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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.

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Posted In: Discovery , Judges , Professional Growth , Training Opportunities

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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.

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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.

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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.

Continue reading "Maryland Trial Attorneys Find Camaraderie in Inns of Court" »

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Becoming a better trial attorney is difficult without the opportunity to try cases. That's why I helped launch the ABA's Litigation Institute for Trial Training (LITT). This rigorous two day course for young attorneys had a successful debut last summer, and we are gearing up for the second annual program, scheduled for July 10-11 at the DePaul University College of Law in Chicago.

The program is distinguished from other training opportunities of this sort in that it covers so much ground in such a concentrated period of time (less than two days). And the faculty is tremendous. This year it will include the Hon. Marvin E. Aspen, the Hon. Marvin J. Garbis, U.S. Attorney Patrick J. Fitzgerald, Jo-Ellan Dimitrius, Stephen Susman, Kim J. Askew, and other luminaries of bench and bar.

Participants will have a chance to watch these experts demonstrate the fundamental skills of courtroom advocacy. They will also practice techniques in workshops and take part in peer critique with video footage. The sessions will cover jury selection, opening statements, direct and cross examination, closing argument, and techniques of persuasion. There will be plenty of social time in which attendees can get to know the faculty and each other.

Interested? Read more here, register here, and if you have any questions, feel free to call or write.

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