Effective Tools for the 21st Century Litigator

Transcription

1 Effective Tools for the 21st Century Litigator Original Program Date: September 21, 2016 This recorded seminar was originally presented as the live seminar and webcast, Effective Tools for the 21st Century Litigator, recorded on September 21, 2016, in Seattle, WA. If you attended the live seminar or webcast and reported CLE credits, you cannot also report credits from watching or listening to this recording. Modern litigators need to keep all their tools sharp to stay effective, from efficient trial prep procedures to crisp openings and closings. Through focused demonstrations of effective trial techniques and in-depth discussions with panels of experienced litigators, you'll get these valuable takeaways: Improve your efficiency and accuracy through targeted discovery requests - and a paperless office Get the perspectives of trial judges on what makes for effective motions in limine that get your trial off to a good start Learn how to get the best testimony from lay and expert witnesses - with demonstrations and critiques Sharpen your understanding of the Federal Rules of Civil Procedure and how they differ from Washington's Civil Rules Understand the ethics of representing minors and individuals with diminished capacity AGENDA 1 Updates to Federal Civil Rules and Comparison to Washington s Civil Rules Ada K. Wong AKW Law PLLC, Mountlake Terrace 2 Effective Use of Interrogatories and Effective Requests for Documents in Washington Vincent T. Nappo - Pfau Cochran Vertetis Amala PLLC, Seattle Loren A. Cochran - Pfau Cochran Vertetis Amala, PLLC, Seattle 3 Getting Information out of Lay Witnesses Scott M. O'Halloran Fain Anderson, Et Al, Tacoma Tomás A. Gahan - Peterson Wampold Rosato Luna Knopp, Seattle Sarah L. Lee - Lee Smart PS Inc., Seattle 4 Getting Information out of Expert Witnesses Andrea H. McNeely - Gordon Thomas Honeywell LLP, Tacoma Eric Gilman - Gordon Thomas Honeywell LLP, Tacoma

2 5 Making your Message Stick: Improving Clarity and Retention Using Demonstrative Exhibits Alexis Knutson - Tsongas Consulting, Seattle Theodore O. Prosise - Tsongas Consulting, Seattle 6 Effective Motions in Limine A View from the Bench Judge Melissa A. Hemstreet Kitsap County Superior Court, Port Orchard Judge Johanna Bender King County Superior Court, Seattle Judge G. Helen Pierre-Whitener Pierce County Superior Court, Tacoma 7 Litigation in a Paperless Office Steve R. Alvarez Attorney at Law, Tacoma 8 Ethics in Representing Minors and Individuals with Diminished Capacity Joshua L. Brothers - Dussault Law Group, Seattle

3 The Ethics of Civil and Criminal Investigations Original Program Date: December 8, 2016 Go to to and search code to purchase. This recorded seminar was originally presented as part of the live seminar and webcast The 14 th Annual Law of Lawyering Conference Day 2, recorded on December 8, 2016, in Seattle, WA. If you attended the live seminar or webcast and reported CLE credits, you cannot also report credits from watching or listening to this recording. Investigating a criminal case requires the defense team lawyers; paralegals; investigators to navigate a shifting maze of issues. Technology, witnesses, and gathering evidence present constitutional and evidentiary knots to untie. Each also gives rise to professional ethics quandaries. Explore these quandaries in this recorded session. PRESENTERS Russel M. Aoki Aoki Law, PLLC, Seattle Carolyn Cairns Stokes Lawrence, PS, Seattle, WA

4 Voir Dire and the Art of Jury Persuasion Original Program Date: August 11, 2017 Go to to and search code to purchase. This recorded seminar was originally presented as the live seminar and webcast Voir Dire and the Art of Jury Persuasion, recorded on August 11, 2017, in Seattle, WA. If you attended the live seminar or webcast and reported CLE credits, you cannot also report credits from watching or listening to this recording. The focus is on juries researching them, choosing them, and persuading them. This recorded seminar brings together seasoned litigators and sitting trial court judges to refresh you on the governing rules and the ethical considerations in jury selection. Then move on to the art of jury persuasion starting with voir dire and ending with jury instructions (and everything in between), including tips on addressing generational differences in current jury pools. AGENDA 1 Rules of Jury Selection: Nuts and Bolts (State v. Federal) Derek Bishop Gordon & Rees LLP, Seattle 2 Preparing to Select Jury: Research, Questionnaires, Developing Themes, Use of Jury Consultants, Social Networking Research and Other Sleuthing Thomas B. Vertetis Pfau Cochran Vertetis Amala PLLC, Tacoma 3 Voir Dire Style, Approach, Purpose, Technique Darrell L. Cochran Pfau Cochran Vertetis Amala PLLC, Tacoma Robert L. Christie Christie Law Group PLLC, Seattle 4 The Next Wave: Millennials in the Jury Pool This session explores the experiences, attitudes, and prejudices of millennials, and the ways in which they are similar to and different from previous generations. Alexis Knutson Tsongas Litigation Consulting Inc., Seattle 5 Perspectives from the Bench: Ethics of Juror Research, Voir Dire and Debriefing Jurors Judge Sean O Donnell King County Superior Court, Seattle Judge Michael Price Spokane County Superior Court, Spokane Agenda continues on next page.

5 6 View From the Catbird Seat: The 5 Jurors I See In Every Focus Group This session provides a description of the five most common juror types, attitudes, and behaviors, as well as suggestions on ways to spot them in voir dire and practical tips on dealing with these jurors so that you can meet their needs and get them engaged in deciding your case. Deborah Nelson Nelson Boyd PLLC and Boyd Trial Consulting PLLC, Seattle 7 How to Avoid Landmines, Pitfalls, and Looking Like This is Your First Rodeo What are the common mistakes made during jury selection? What are pitfalls you hadn t thought of yet? Have you been hitting landmines during voir dire? Have you fallen in a pit and not even realized you fell? This session will help you avoid landmines, pitfalls, and looking like a rookie. Salvador Alejo Mungia II Gordon Thomas Honeywell, Tacoma 8 Ethical Issues in Voir Dire and Jury Selection How far is too far? When can LinkedIn or friend of a friend access on Facebook cross the line? Also, what are the ethical obligations of an attorney who discovers a juror is tweeting about the trial? The ethical implications of jury selection in the digital age are myriad and complex, but this presentation will help to provide guidance on ethical parameters for the jury selection process. Stephanie Bloomfield Gordon Thomas Honeywell, Tacoma

6 Building a Persuasive Case Theory and Arming Key Witnesses to Present It Original Program Date: August 31, 2017 This recorded seminar was originally presented as the live seminar and webcast Building a Persuasive Case Theory and Arming Key Witnesses to Present It, recorded on August 31, 2017, in Seattle, WA. If you attended the live seminar or webcast and reported CLE credits, you cannot also report credits from watching or listening to this recording. This presentation draws on jury research conducted across the country in order to identify key elements of a persuasive case theory. Speaker Thomas O Toole, Ph.D. (Sound Jury Consulting LLC) discusses each key element and highlights practical strategies for incorporating them into a powerful and persuasive case theory using themes, language, and visual communication. The presentation also focuses on bridging common gaps between effective case theories and the performances of key witnesses in deposition and at trial. As part of this, the presentation highlights the shortcomings of traditional approaches used by attorneys in the preparation of their key witnesses. Get a detailed how to guide for effective witness preparation sessions explore barriers to effective communication, hurdles that prevent the witness from telling the truth well, and the impact of nonverbal behavior on the overall credibility of the witness s testimony. PRESENTER Thomas O Toole, Ph.D. Sound Jury Consulting LLC, Seattle