Florida Justice Association WORKHORSE. CLE Seminar March 21-23, 2012 Orlando. FJA Voting Members Only. Program Chair: John F. Romano, West Palm Beach

Transcription

1 Florida Justice Association WORKHORSE 2012 CLE Seminar March 21-23, 2012 Orlando FJA Voting Members Only Program Chair: John F. Romano, West Palm Beach

2 WORKHORSE 2012 CLE Seminar March 21-23, 2012 Orlando Get Off the Merry-Go Round! If you feel like you are going round & round, break out of the monotony. The FJA Workhorse Seminar will give you fresh ideas, the latest developments and trial techniques to rejuvenate you and your practice. This three-day, intense seminar is offered to FJA voting members only, so you know the information you receive will show you how to litigate your cases differently. And, you can earn more than a reporting period s worth of CLE requirements. Mark your calendar to attend the 2012 Workhorse Seminar March where you ll get direct access to some of the best attorneys and experts nationwide. Special Lunch Session Thursday, March 22, 2012 Noon 1:30 pm Hot Coffee producer and director Susan Saladoff spent twenty-five years practicing law in the civil justice system, representing injured victims of individual and corporate negligence. She stopped practicing law in 2009 to make the documentary her first feature-length film. A graduate of Cornell University and George Washington University Law School, Saladoff began her career as a public interest lawyer with the law firm of Trial Lawyers for Public Justice, now known as Public Justice. Saladoff was recognized by her peers as an Oregon Super Lawyer for five consecutive years from 2006 to 2010, and now she frequently lectures at the state and national levels on the importance of the civil justice system.

3 Seminar Agenda Wednesday, March 21, 2012 Wednesday Morning Session 7:00 am Jury Persuasion and Overcoming Jury Bias A Very Special Presentation Special Introduction by John F. Romano, West Palm Beach 10:00 am - 10:15 am Short Break Special Presentation and Session created and developed by the WINNING WORKS Team. WINNING WORKS is a leading research-based trial consulting firm in the country. This team of jury consultants/jury research specialists will offer a comprehensive menu of trial strategy and litigation tools based on the jury bias model. Gregory S. Cusimano, Gadsden, AL David Wenner, Phoenix, AZ David Bossart, Fargo, ND Ed Lazarus, Chevy Chase, MD Paul J. Scoptur, Milwaukee, WI The filters through which jurors receive and process information are firmly ingrained, shaped by a lifetime of familial, social, and political influences. Based on proven research and methodology, this jury bias model provides powerful insights into how jurors are likely to think and feel about the issues raised in your case. It enables you to prepare every facet of your trial story to overcome jurors prejudices against your client and take advantage of jurors predispositions in your client s favor. 11:45 am Break & Exhibit Viewing Wednesday Luncheon Special Event John F. Romano, West Palm Beach Noon The Military Plaintiff: Everything You Need to Know About Military Records and Data to Help You Maximize the Result for Your Client in Personal Injury and Wrongful Death Cases including Personnel, Records, Discharges, Medals and Awards (and there real meaning), Disability Benefit Issues, Veterans Benefits, USERRA, and More. Lieutenant General Dennis M. McCarthy, USMC (Retired) Columbus, OH Former Assistant Secretary of Defense for Reserve Affairs Former Executive Director, Reserve Officers Association Former Officer and Board Member, Ohio Academy of Trial Lawyers Evening Reception Network & Meet Susan Saladoff Director/ Producer, Hot Coffee March 21, 2012 Sponsored by Leopold Law, P.A.

4 Wednesday Afternoon Session Settlement Strategy and Bad Faith Institute F. Catfish Abbott, Jacksonville 1:30 pm What Are You Really Saying When You Cry Out: The Adjuster Is Not Showing Me Any Respect or at Mediation When You Exclaim: That s Insulting We Are Leaving! F. Catfish Abbott, Jacksonville 2:00 pm What You Need to Know About Disability Coverage and Claims in Order to Enhance the Recovery for Your Client in Personal Injury Cases Kirk Wagar, Miami 2:30 pm Steps You Can Take to Strengthen the Bad Faith Case Fred A. Cunningham, Palm Beach Gardens 3:00 pm How to Screw Up a Perfectly Good Bad Faith Case Dale Swope, Tampa 3:30 pm Identifying & Working Up a First Party Bad Faith Case Jeffrey M. Liggio, West Palm Beach 4:00 pm Beyond the Horizon: Looking at Managed Care Litigation Theodore J. Leopold, Palm Beach Gardens 4:30 pm Ten Creative and Innovative Tactics or Techniques Used in the Last 12 Months in Mediations Which Persuaded the Adjuster in an Otherwise Likely Impasse Case Joaquin (Jay) Fraxedas, Fraxedas Mediation Firm, Maitland 5:00 pm How to Overcome Failure in Mediations in Neck and Back Injury Cases Avoiding Pitfalls and Overcoming Obstacles Kimberly Sands, Upchurch, Watson, White & Max, Daytona Beach 5:30 pm Adjourn Wednesday Evening Session A Proof and Argument of Economic Losses/ Damages Karen Ell, Hialeah 7:00 pm Proof and Argument of Damages for Loss of Wages in the Past Robert E. Gordon, Palm Beach Gardens 7:30 pm Proof and Argument of Damages for Loss of Future Earning Ability/Capacity Douglas K. Burnetti, Lakeland 8:00 pm Economics Back to the Basics: What Plaintiff Lawyers Need to Know in Order to Articulate and Explain Key Economic Concepts to the Judge and Jury, Including: Discount Rates, Inflation, Medical Inflation, Economic Historic Factors, and More Bernard Pettingill, Ph.D., Palm Beach Gardens Expert Economist

5 8:30 pm Cross-Examination in Deposition and Trial of the Defense Vocational Rehabilitation Specialist Winning Tactics and Techniques Roger D. Helms, Winter Park 9:00 pm Overcoming Key Defense Objections to the Evidence and Testimony of Plaintiff s Life-care Plan and Life-Care Planner Weldon E. Web Brennan, Tampa 9:30 pm Proof and Argument of Costs for Future Surgery Where the Surgery is Recommended But Plaintiff Has Not Yet Had or Agreed to Have the Recommended Surgery: Overcoming the Dilemma! Speaker to be Announced 10:00 pm Adjourn Wednesday Evening Session B The Art, Science, Methodology, and Foundations to Run, Manage, and Operate the Successful and Thriving Plaintiff s Personal Injury Law Firm During the Next 3-5 Years Special Session for Managing Partners, Law Firm Office Managers, Business Managers, and Chief Operating Officers 7:00 pm - 10:00 pm John F. Romano, West Palm Beach Any lawyer paying the full fee to attend the Workhorse Seminar may bring along a managing partner in the firm, the firm s bookkeeper, COO or business manager to attend Session B at no charge. Mark Powers and Shawn McNalis, Atticus, Orlando Thursday, March 22, 2012 Thursday Morning Session Hot Button Legal, Procedural, and Strategic Issues Discussed and Debated in the Last 12 Months by FJA Members via TLEL, Facebook, Linked-in, or Selected AAJ ListServes Maaz A. Quraishi, West Palm Beach 7:00 am The Five Most Significant Objections Du Jour Which the Defense Makes Which if Not Handled Correctly and Timely Are Huge Game-Changers in Your Case Speaker to be Announced 7:30 am Using the Investigating Officer/Deputy/Trooper as an Accident Reconstruction Expert in Your Case: The Law, Procedure, and Strategy You Need to Know Bobby J. Bradford, Pensacola 8:00 am Plaintiffs, Personal Injury Cases, and Social Media Issues (Including How to Handle the Request for Production of Your Client s Facebook Data) Spencer T. Kuvin, Delray Beach 8:30 am Experts Witness Standards Under Frye Under Daubert Troy Rafferty, Pensacola

6 9:00 am Significant Attorney Fee Issues James C. Hauser, Principal, Attorneys Fees in Florida, PL, Orlando 9:30 am Break & Exhibit Viewing 9:45 am What to Do When Defendant Admits Fault on or Near the Eve of Trial - (Including Preparatory Steps You Must Take Months in Advance to Strengthen Your Strategic Positions When You Know This Last Minute Change by a Defendant is Inevitable) Matthew N. Posgay, Jacksonville 10:15 am Waivers & Exculpatory Clauses When They Apply, When They Do Not Christopher N. Ligori, Tampa 10:45 am Setting the Record Straight: Are There Magic Words or Phrases You Must Use to Get Your Case to the Jury? i.e. Reasonable Medical Certainty for Future Meds/Life-care Plan, More Likely Than Not for Causation, and More Andrea E. Stokes, National Legal Research Group, Gainesville 11:15 am Two Cases; Two Trial Lawyers; Two Plaintiff Verdicts Michael A. Haggard, Coral Gables, and Joseph Lipsky, Plantation Noon Break & Exhibit Viewing Thursday Special Luncheon Presentation Introduction by: Leslie Mitchell Kroeger, Palm Beach Gardens 12:15 pm Hot Coffee and Other Splendid and Magnificent Game-Changing Strategies Susan Saladoff, Producer/ Director of the Award-winning Movie Hot Coffee 1:15 pm Break & Exhibit Viewing Thursday Afternoon Session Handling Cases to Enhance the Result for the Clients Eric Romano, West Palm Beach 1:30 pm How to Build, Maintain, and Operate a Cutting- Edge Product Liability Practice C. Richard Newsome, Orlando 2:00 pm Everything You Always Wanted To Know About Qui Tam Cases But Were Afraid to Ask Gary M. Farmer, Jr., Fort Lauderdale 2:30 pm Lessons from Bats and Porpoises How to Recognize and Identify Trial Landmines (and Once Each is Recognized Knowing the Steps You Must Take to Successfully Navigate the Minefield) Scott M. Smith, West Palm Beach

7 3:15pm Lessons from Hollywood: Effective Use of Film/ Video Techniques and Methods in Creating Video Depositions Which Will Engage and Persuade the Audience James R. Holland, II, Jacksonville 4:00 pm How to Build, Maintain, and Operate a Cutting- Edge Auto Torts Practice Steven M. Gursten, Detroit, MI A Lead In To Tonight s Session A. Come Hear Dorothy Clay Sims Speak and Then Come Back For the Rest! 4:45 pm Defense Medical Examiner, Neurologists, Neurosurgeons and Orthopedic Surgeons Dorothy Clay Sims, Ocala 5:45 pm Adjourn Thursday Evening Session A New, Creative, and Innovative Tactics, Techniques, and Strategies in Successfully Cross-Examining Defense Medical Experts in Personal Injury and Wrongful Death Cases Sean Shaughnessy, Orlando 7:00 pm Using 21 st Century Ethics & 21 st Century Neuroscience to Cross Examine Defense Experts Jeffrey Brown, J.D., M.D., New York, NY 8:00 pm Defense Radiologists Neuroradiologists Richard M. Shapiro, Bradenton 8:45 pm Crossing the Orthopedic Doctor Sagi Shaked, Miami 9:15 pm Defense Life Expectancy Experts Speaker to be Announced 10:00 pm Adjourn Thursday Evening Session B Coming Soon! To Be Announced Friday, March 23, 2012 Friday Morning Session Juror Psychology and Sociology: Persuasion - Advocacy W. McKinley Smiley, Jr., St. Petersburg 7:00 am The Art, Science, and Methodology of Proving and Arguing Pain Versus Suffering Versus Anguish in Personal Injury and Wrongful Death Cases - Utilizing Your Skills as a Connectionologist to Effectively Communicate with the Judge and Jury John F. Romano, West Palm Beach 7:45 am The Handling, Litigation, and Trial of a Sexual Abuse Case Bill Barton, Newport, OR 8:45 am Jury Persuasion in Personal Injury and Wrongful Death Cases Where Defendants Are Teachers or Coaches C. Steven Yerrid, Tampa 9:45 am Break & Exhibit Viewing

8 10:00 am - 10:30 am Maximizing Recovery for Sexual Abuse Victims Bradley J. Edwards, Fort Lauderdale 10:30 am - 11:00 am Securing Justice: New Strategies to Lock Down Cause Challenges and Fend Off Efforts to Undo Them Keith R. Mitnik,Orlando 11:00 am Bringing Victory to the Cause and Client in Opening Statement Frank Branson, Dallas, TX 11:45 am The Psychology and Sociology of The Choice Theory in Jury Persuasion Gene Odom, Brandon 12:15 pm Break & Exhibit Viewing Friday Luncheon Special Event 12:30 pm Annual Compassionate Gladiator Address Putting Together the Total Package with Intensity, Tenacity, Persistence, and Drive While Simultaneously Seeing and Feeling the Compassion and Heart of the Case What Does It Mean to Effectively Communicate with a Juror and How is That Accomplished? Peter Perlman, Lexington, KY Past President, Kentucky Justice Association Past President, American Association for Justice Fellow, International Academy of Trial Lawyers Friday Afternoon Session Potpourri of New Ideas, Great Innovations, Strategic Tactics and Techniques, and Other Tools to Help You Maximize the Result for Your Client Christopher Chestnut, Gainesville 1:30 pm Hot Tips on New and Innovative Technologies and Apps Which Will Dramatically Increase the Effectiveness of Videotape Depositions and Courtroom Presentations P.J. Scheiner, Fort Myers 2:00 pm What You Need to Know About Medical, Nursing and Hospital Guidelines and How This Knowledge Will Help You in the Handling of Personal Injury Cases Carol White, Huntington, IN 2:30 pm Litigating and Handling Issues of and Related to Illegal Immigrants, Undocumented Aliens, and Illegal Aliens - The Law, the Strategy, and the Procedure [and Knowing How to Formulate and Argue the Motion in Limine] Speaker to be Announced 3:00 pm Acting Like a Trial Lawyer, Thinking Like an Appellate Lawyer David J. Sales, Jupiter 3:30 pm The Seven Deadly Sins Committed by Personal Injury Lawyers in Failure to Recognize the Valid and Viable Product Liability Case Hank N. Didier, Orlando 4:00 pm Stop It! Just Stop It!!! Stop Playing Games with Amendment Seven and Learn How to Effectively and Efficiently Obtain the Behind-the-Scenes Records of Doctors and Hospitals Tony Leon, Tarpon Springs 4:30 pm Depositions in Personal Injury Cases and Wrongful Death Cases Where Police Officers or Troopers Are Being Interrogated Six Essential Things You Need to Know in Order to Get the Answers You Need Anthony Soto, Miami Former Metro-Dade Police Sergeant 5:00 pm Adjourn

9 A Sprinkle of Magic Sparks Big Savings! Magical Experiences reign supreme in the Walt Disney World Theme Parks. And to help you see it all our special meeting/convention tickets are designed to accommodate any agenda and are available to you, your guests and family members. Exclusive After 2pm, and After 4pm tickets Enjoy10% savings on select tickets when you purchase them in advance One bonus visit to an additional Disney experience on select tickets Not available at Theme Park ticket windows Make the most of your free time! To Purchase Tickets please visit: Or call

10 Accommodations Hyatt Regency Grand Cypress Orlando One Grand Cypress Road Orlando, FL While attending the FJA Workhorse Seminar, take advantage of on-site activities at the 1,500 acre resort including 45 holes of Jack Nicklaus Signature Design golf, a racquet club, a 21-acre lake with water sports, a half-acre lagoon swimming pool with waterfalls and waterslides and a visit to the spa. This family-friendly resort offers a Camp Hyatt children s program, bicycling trails, and is located near Downtown Disney, Walt Disney World and SeaWorld. For more information about the resort, visit For Reservations call (888) before February 20, 2012, to receive the FJA group rate of $179 per night and an additional $12 resort fee per night.

11 Seminar Information FJA Voting Members Only Seminar You must be a voting member of the Florida Justice Association to attend this seminar or to purchase the program on audio or video. Your nonmember colleagues may attend this seminar by becoming FJA Voting Members. Nonmembers may fill out the application in the brochure, join online at or contact the FJA Membership Department at (850) Cancellation Policy Seminar registrations must be in writing and must be received on or before March 14, 2012, to receive a refund less a $50 cancellation fee, or to transfer to the audio or video program. No refunds will be issued after this date. Please indicate in your correspondence which format you want to transfer to. Prices will vary depending on format. Substitutions are welcomed and may be made at any time but must be another FJA Voting Member. In the event of non-attendance, course materials will be sent to you following the seminar. Regarding Seminar Course Books Course Books are distributed via a weblink. Participants may choose to receive a hard copy of the course book on-site for an additional fee. All participants will receive an confirmation with a weblink to the materials a few days before the seminar and will also receive a USB flash drive (jump drive) of the materials on-site. If you choose NOT to receive a hard copy of the course book, please print out the course book from the weblink and bring those materials with you to the seminar. CLE Credit Information CLE Credit is currently being approved by The Florida Bar and is anticipated to be 42 Hours, including ethics and certification credit. CLE Credit will be printed in your seminar materials. Special Assistance If you have a disability and require special assistance to fully participate, please attach a written description of your needs to your completed registration form.

12 Seminar Registration To register for the 2012 Workhorse Seminar complete the following and mail with your check to: FJA, 218 South Monroe Street, Tallahassee, FL 32301, or fax to: (850) with your credit card information completed. Registrations must be received on or before March 14, 2012, to be pre-registered. An additional $50 will be charged for registrations received after this date. You must be a Voting Member of the Florida Justice Association to attend this seminar. Your nonmember colleagues may attend this seminar by becoming FJA Voting Members. To join, contact the FJA Membership Department at (850) or complete the application in this brochure. This seminar is available on CD, Video CD-ROM, and DVD. All orders include lectures of each topic and the seminar reference materials. To order this program on audio or video, use the audio registration form in this brochure or go to Please photocopy and use a separate registration form for each registrant. Seminar Fees: Includes a USB drive of the course materials, a link to course materials prior to the seminar, box lunches, exhibit hall admittance, reception and CLE credit. mfull Program... $475 mnew Lawyers... $425 (0-5 years in practice) m3 or More Members From Same Firm... $425 (Registrations must be sent together to receive the discount.) msingle Day Registration (Please indicate which day you will attend.) m Wednesday, March 21, $325 m Thursday, March 22, $325 m Friday, March 23, $295 mprinted Course Book...$50 Please, have a hard bound course book on site for me. (please order by 3/7/12 Limited number available) mlate Registration Fee...$50 I am registering after 3/14/12. This fee will be added to my total seminar amount Total: $ mattend Susan Saladoff Lunch only... $65 Name Firm Name Address FL Bar No. City State Zip Phone ( ) Fax ( ) Address menclosed is my check for the amount of $ mcharge my credit card $ Charge my: mvisa mmastercard mamex Name on Card Card No. Billing Address Exp. Date Signature Zip Authorization No. (3 or 4 digit PIN on front/back of card) Date Source

13 Audio/Video Order Form Can t attend the 2012 Workhorse Seminar? Audio and video programs are valid for the same CLE credit as the live presentation. Audio programs are available on CD, Video CD-ROM, and DVD. After the seminar, entire programs as well as individual topics will be available to purchase, download and watch online through All orders include lectures of each topic and the seminar reference materials. CD, CD-ROM and DVD orders include an electronic version of the reference materials only. Information for obtaining CLE credit is included. To select a program format, please place an X in the check box for the format of your choice. Shipping and handling is included. Mail to: Florida Justice Association 218 South Monroe Street, Tallahassee, FL Fax to: (850) FJA MEMBER CD CD-ROM DVD m$ m$602 m$602 Total: $ Shipment of Orders: Orders will be shipped approximately six weeks from the date of the live presentation. No Risk Guarantee: FJA stands behind the quality of its products. If you are not satisfied, return for a replacement or credit. Order Online All of our audio and video products are available for purchase through our secure website You can also register for upcoming seminars online. Source 200

14 Featured Out-of-State Speakers Lieutenant General Dennis M. McCarthy, USMC (Retired) is the Former Assistant Secretary of Defense for Reserve Affairs; Former Lieutenant General, U.S. Marine Forces Reserves; Former Executive Director of the Reserve Officers Association; Pentagon s Assistant Secretary for Reserve Affairs. He was in private practice, when not on a military assignment, from 1978 until the late 1990s and was a past board member of the Ohio Association for Justice. Peter Perlman, Peter Perlman Law Offices, P.S.C., Lexington, KY, is known nationwide for his leadership and expertise in crashworthiness and car design flaws. In recognition of his great success and reputation for personal advocacy, the Kentucky Justice Association created the Peter Perlman Outstanding Trial Lawyer Award. Mr. Perlman is a past president of Trial Lawyers for Public Justice, the American Association for Justice, and the Kentucky Justice Association. Susan Saladoff, is the producer and director of Hot Coffee. She spent 25 years practicing law in the civil justice system, representing injured victims of individual and corporate negligence, before making the documentary in She began her career as a public interest lawyer with the law firm of Trial Lawyers for Public Justice, now known as Public Justice, an organization that, for the last 25 years, has been at the forefront of keeping Americas courthouse doors open to all. Susan was recognized by her peers as an Oregon Super Lawyer for five consecutive years from 2006 to She is a graduate of Cornell University and George Washington University Law School, and has frequently lectured at the state and national levels on the importance of the civil justice system. More Out - of -State Speakers! Bill Barton, Newport, OR Frank Branson, Dallas, TX Jeffrey Brown, J.D., M.D., New York, NY Gregory S. Cusimano, Gadsden, AL Ed Lazarus, Chevy Chase, MD Steven M. Gursten, Detroit MI Paul J. Scoptur, Milwaukee, WI David Wenner, Phoenix, AZ Carol White, Huntington, IN

15 m Mr. m Ms. m Mrs. m Dr. Name Firm Name Address City, State, ZIP Phone ( ) Fax ( ) Address Birth Date County FL Bar No. Date Admitted to FL Bar Name of Referring Member: Membership Dues Membership dues are based on FL Bar date and are for one year. You will be billed according to your anniversary date. m 1st Yr in Practice...$180 m 1-2 Years in Practice...$300 m Over 2 Years in Practice...$599 m Over 5 Years in Practice...$700 m Out-of-State Member...$210 m Full-Time Public Sector...$125 m Paralegal/Legal Asst...$180 m Please send me information about Student Membership m Enclosed is my check for the amount of $ m Charge my credit card $ m American Express m MasterCard m VISA mfull Amount m 12-month Installment Plan* (Initial) * (Installments apply to credit card payments only and begin within the month membership approved.) Name on Card Card No. Billing Address Exp. Date Signature Membership Application Authorization No. (3 or 4 digit PIN on face/back of card) Dues or contributions to FJA are not deductible as charitable contributions for federal income tax purposes. An estimation of the portion of your dues payments used for lobbying which are not deductible as an ordinary and necessary business expense will be sent to you. Please consult your tax counsel to determine whether you may deduct any of your dues or contributions for federal income tax purposes. Date mi agree to receive notices, advertisements, announcements, brochures, invoices and other information from the Florida Justice Association (FJA) and its affiliates via facsimile. I further agree that my express permission to fax me this information will continue with no date of expiration. What percentage of your personal practice is plaintiff personal injury? (Required) m % m 1-24% m 50-74% m 0% m 25-49% What percentage of your personal practice is defense of personal injury? (Required) m 0-20% m 36-40% m 21-30% m 41-50% m 31-35% m>50% What percentage of your firm s practice is plaintiff personal injury? (Required) m % m 1-24% m 50-74% m 0% m 25-49% What percentage of your firm s practice is defense of personal injury? (Required) m 0-20% m 36-40% m 21-30% m 41-50% m 31-35% m >50% Political Party Affiliation (Optional): m Democrat m Republican m Other Gender (Optional): mmale m Female Please sign me up for the following section(s): Section membership is complimentary. m Appellate Practice m Women s Caucus m Workers Compensation Young Lawyers Inclusion in Young Lawyers is automatic if under 36 or in practice less than 11 years. Signature Date Statement of Certification (Required) I certify and state by signing below that in my own personal practice less than 40% of my workload involves the defense of insurance companies or their insured, manufacturers, governmental entities, transportation companies, public utilities or any defendant in a personal injury or wrongful death matter. I agree to immediately notify FJA in writing of any changes to the information provided herein. I request that the FJA Board of Directors approve my application. To do so they may contact my referring FJA member. Source: 160 Please Return to: FJA, 218 South Monroe Street Tallahassee, Florida Phone (850) Fax (850) Signature Signing indicates compliance with certification statement above Date

16 Florida Justice Association 218 South Monroe Street Tallahassee, Florida (850) PRSRT STD U.S. Postage PAID Tallahassee, FL Permit #111