1 Women in the Courtroom: Trial Skills for Women Lawyers Thursday, October 3 Saturday, October 5 Miami, Florida Presented by The Miami-Dade Chapter of the Florida Association for Women Lawyers, Judge Gill S. Freeman, 11 th Judicial Circuit, Miami-Dade County, Florida and with the assistance of the Litigation Skills Program, University of Miami School of Law
2 Court Reporting, Depositions, Litigation & Legal Services The Power of Commitment at U.S. Legal Support means we are: Available, Involved, Accountable At U.S. Legal Support the job isn t finished until you are 100% satisfied.
3 Women in the Courtroom: Welcome to the Florida Association for Women Lawyers Trial Skills for Women Lawyers program. Trial Skills for Women Lawyers e goal of the Trial Skills Workshop is to assist women trial attorneys in improving their trial skills. It ilizes a learning by doing format. Each participant will receive individualized feedback from the faculty d will learn ways to improve their trial techniques. Thursday, October 3 Saturday, October 5 Welcome! The goal of the Trial Skills for Women Lawyers Workshop is to assist women trial attorneys with improving their trial skills. The program utilizes a learning by doing format. Each participant will receive individualized 11th Judicial feedback Circuit from the of faculty Florida and will learn ways to improve their trial techniques. Gill S. Freeman is a Circuit Court Judge in the 11 th Judicial Circuit, Miami- PROGRAM LEADER Dade County. She is presently assigned to the Family Law Division. She was The Honorable previously Gill assigned S. Freeman to the Complex Business Litigation Section of the Circuit 11 th Judicial Court, Circuit, the Miami-Dade first judge to County, serve in Florida that capacity in Miami Dade County. Prior to her appointment to the bench in 1997, Judge Freeman practiced commercial and Gill S. Freeman family is a law Circuit for Court 20 years. Judge She in received the 11th Judicial her Bachelors formerly of Education Chair from of the Temple Florida Supreme Court Standing Committee Circuit, Miami-Dade University, County. her Masters She is of presently Education assigned from the to University on Diversity of Miami and and Fairness. her Juris She was Vice-Chair of the Florida Supreme the Family Doctor, Law Division. Cum Laude, She was from previously the University assigned of Miami. to Court Gender Bias Study Commission and Chair of the Gender Bias the Complex Business Litigation Section of the Circuit Court, the Study Implementation Commission. first judge to serve in that capacity in Miami-Dade County. Prior he is presently Chair of the Board of Trustees of the Miami-Dade County Law Library and has spearheaded to her appointment to the bench in 1997, Judge Freeman practiced Recently, Judge Freeman received The Jewish Federation of Greater undraising efforts to keep the library open, despite recent cuts in government funding. She is also Dean of Advanced udicial Studies commercial for the State and of family Florida. law for She 20 was years. formerly She received Chair of her the Bachelors Florida Supreme Miami Court Community Standing Committee Service Award, a Special Recognition Award from n Diversity and of Education Fairness. from She Temple was Vice-Chair University, of her the Masters Florida of Supreme Education Court from Gender the Bias Cuban Study American Commission Bar Association and and Sabadell Bank s Community hair of the Gender the University Bias Study of Miami Implementation and her Juris Commission. Doctor, Cum Laude, from the Service Award. In 2008, Judge Freeman was invited to be a panelist at University of Miami, School of Law. the State Department on issues of International Access to Justice. She ecently, Judge Freeman received The Jewish Federation of Greater Miami Community Service Award, a Special is past president of the Florida Association for Women Lawyers and a ecognition Award from the Cuban American Bar Association and Sabadell Bank s Community Service Award. In She is presently Chair of the Board of Trustees of the Miami-Dade recipient of the FAWL s Rosemary Barkett Outstanding Achievement 008, Judge Freeman was invited to be a panelist at the State Department on issues of International Access to Justice. County Law Library and has spearheaded fundraising efforts to keep Award. She has received Miami-Dade FAWL s Mattie Belle Davis Award he is past president the library of the open, Florida despite Association recent cuts for in Women government Lawyers funding. and She a recipient is also of the and FAWL s Dade County s Rosemary In Barkett the Company of Women Award. utstanding Achievement Dean of Advanced Award. Judicial She Studies has received for the Miami-Dade State of Florida. FAWL s She was Mattie Belle Davis Award and Dade ounty s In the Company of Women Award. INSTRUCTORS Honorable Gill S. Freeman Thursday, October 18, :00 a.m. to 5:30 p.m. The Honorable Tanya Brinkley was elected to the County Court of Miami-Dade in She serves in the Criminal Division, and also serves as an acting Circuit Judge in civil domestic violence cases. Prior to joining the bench, Judge Brinkley served as a Civil Traffic Infraction Hearing Trial Skills Workshop: Part I Officer for 8 years. She was in private practice for 16 years 11 th Judicial specializing Circuit in criminal defense Courthouse and family and marital law. In 2012, Judge Brinkley was recognized by Legacy magazine as one of Direct the and 25 Most Cross-Examination Influential Black Women in of Business Fact in Witnesses South Florida. She is the recipient of the 2010 Wilkie D. Ferguson, Jr. Bar Association Pro Bono Award Impeachment and the 2009 Ray Techniques Pearson Guardian Ad Litem Pro Bono Award, which is awarded by the 11 th Judicial Circuit Family Division Judges. Judge Brinkley is a graduate of University of Miami School of Law, and Howard University School of Business. The Honorable Beatrice Butchko was appointed to the Circuit Court of the 11 th Judicial Circuit in She has served in the Juvenile Dependency Division and Criminal Division, and presently serves as an Associate Administrative Judge in the Civil Division where she is assigned to the Extended Trial Division. Judge Butchko began her legal career as an Assistant State Attorney in Miami-Dade County, where she tried over 80 jury trials, and was a member of the Organized Crime Unit, served as Assistant Chief of the Career Criminal Unit, and as a Division Chief. Prior to taking her seat on the bench, Judge Butchko also worked in private practice. She was a partner at K&L Gates practicing commercial litigation when she was appointed to the bench. She is an adjunct law professor at the University of Miami School of Law and a visiting adjunct professor at Emory University Law School, where she teaches litigation skills. Judge Butchko is also a mock trial coach at Our Lady of Lourdes Academy. The Honorable Ellen Leesfield (Ret.) is a partner and co-chair of the SMGQ Alternative Dispute Resolution practice. She frequently serves as a mediator, arbitrator umpire and special master. She is a Florida Supreme Court certified mediator, panel member of the American Arbitration Association and has served as a special master in numerous disputes, including the widely publicized dispute between the Miccosukee Indian Tribe and a prominent law firm. Judge Leesfield spent 19 years on the circuit bench. During that time, she served as the Administrative Chief Judge of the Criminal Division, a judge in the Civil Extended Trial Division and a judge in the General Jurisdiction Division. She presided over thousands of cases and hundreds of trials. She also won numerous prestigious awards including the Judge Steve Levine Award for Integrity, Fairness and Professionalism; the Justice Gerald Kogan Judicial Distinction Award; and the Judge Mattie Belle Davis Award for Community Service. Throughout her tenure on
4 the bench, Judge Leesfield taught at the Advanced Judicial College and the Florida Judicial College--the training program for all incoming judges in the State. The Honorable Victoria Platzer (Ret.) served orkshop as Circuit Court Judge in Miami-Dade County for over 18 years. During her tenure on the bench, Judge Platzer ednesday, October 17, 2012 presided over hundreds of jury trials. The majority of her 10 years in the Civil Division were spent in the back-up 5:30 p.m. division, to handling 7:30 cases which p.m. were both complex and lengthy in nature. Judge Platzer served as the Associate Administrative Judge of the Civil Division, where she administered the back-up division and assisted with the administration of the jury pool. uit Court Judge of the 11 th Kick-Off Panel Reception While on the bench, Judge Platzer taught a variety of topics to other n the Civil Division, having judges as a part of the faculty Overcoming at the Florida Conferences Gender of Circuit Bias: and vision, the Family County Court Division, Judges, the Florida College of Advanced Judicial Studies Prior to joining and the the Getting Florida bench, into the Courtroom and Succeeding There Judicial College. She has also been an adjunct professor ed as Hearing of law Examiner at the University for of Miami School of Law in its litigation skills sion. She program is a member since 2000 of Hosted and has mentored by Shook, numerous Hardy law school & Bacon students. LLP l Studies, In Florida February Judicial of Julie 2013 Braman Judge Platzer Kane, left the bench Esq., and Colson is now a managing Hicks Eidson ty Judges. partner Since 2000, in the ADR she Division at SMGQ Law where she focuses on Detra Shaw-Wilder, Kozyak, Tropin & Throckmorton of Miami mediations, School of arbitrations Law, and special master appointments. fraud, federal civil rights violations and general tort and casualty claims. She currently focuses her practice on healthcare providers and businesses in areas including medical malpractice and professional liability defense, regulatory and administrative claims defense, credentialing, privileges and dispute resolution. During her career, Ms. Hibnick has served as an administrative shareholder as well as a supervising attorney for associates handling litigation, operations and compliance issues for the largest private operator of hospitals and healthcare facilities in the world and its affiliated entities. She was recognized by Florida Trend magazine as one of the Florida Legal Elite (2011, 2012) and served on FAWL s board of directors for several years. Katie S. Phang, Partner at Arrastia, Capote & Phang, LLP, tries cases in both state and federal courts, representing plaintiffs and defendants in a wide range of civil and commercial disputes. Her experience is not limited to civil cases, and as a former prosecutor and division chief in both Miami-Dade and Broward counties, she has handled matters ranging from misdemeanors to death penalty felonies. Ms. Phang is a member of the Miami-Dade FAWL Board of Directors. Her community involvement includes serving on the Executive Women Committee in of the Friends Courtroom: of the New World Symphony Trial Skil Hassia Diolombi, Esq., Shook, Hardy & Bacon and on the Board of Directors of Dress For Success Miami. Additionally, Moderator: The Corali Honorable Lopez-Castro, Jacqueline Hogan Kozyak, Scola, Tropin Circuit & Throckmorton she teaches in the Litigation Skills Program at the University of Miami Judge of the 11th Judicial Circuit, currently sits in the Civil School of Law. Instructors t Judge of the 11 th Judicial Division. Judge Hogan Scola was elected to the circuit court is presently assigned bench to the without opposition in 2003 and again in In Maria Rubio, Tanya of Brinkley The Law Offices has served of Maria as the L. Rubio, Civil Traffic Infr , she served as president of Miami-Dade FAWL, P.A., practices diverse areas of civil litigation in state and erved in the Extended Trial Division of Miami-Dade County Court since S of Colson Hicks Edison, has over fifteen years having previously served as Vice-President and Secretary federal courts including professional malpractice cases, the bench, Judge Leesfield capacity where she resolves various motions for re medical malpractice, and products as a Board liability, member. She commercial joined FAWL as a charter products liability hearing cases, officers. brain and In addition spinal cord to injury, her current birth duties, she s, as focusing handled in student multiple the areas member multi-million of in The dollar Miami-Dade verdicts Chapter and awarded Judge defect, automobile Miami-Dade and trucking County accidents, Court, Traffic construction Division at the Fi x t discrimination injury. She Hogan has cases. Scola served the The Mattie as President Belle Davis of Award the in Miamis actively County Litigation involved Chapter Skills in the Program of American at the University Association of Miami for School of Law. and assisted bono living legal facility services claims, insurance through litigation, various organizations and in She teaches in the site accidents, Conference. aviation cases, She maritime is actively cases, involved nursing home in her communi mi-dade ngineered She the is first past FAWL s on the Board of Governors, chair of the the Florida Justice Supreme PAC Court Board Committee on Jury toxic chemical litigation. was She awarded was recognized the 2010 by Florida Wilkie Trend D. magazine Ferguson, Jr. Bar g perpetual Instructions funding for in this Criminal Cases, and is a member of the Florida Bar as one of the Florida Legal Elite (2004, 2005, 2009, 2010), by Law oard of Advocates Board of Trustees Ray Pearson Guardian Ad Litem Pro Bono Awa Rules of Civil Procedure Committee. & Politics magazine as a Florida Super Lawyers (2009, 2010) and as a Division Judges for her representation of children in c Preeminent Women Lawyer by Martindale-Hubbell (2011). tion partner at Kozyak, The Honorable Tropin & Diane Throckmorton, Ward was elected to the Circuit Court in She was initially assigned to the Detra Shaw-Wilder, Maria Rubio, a The litigation Law partner Offices at of Kozyak, Maria L. Rubio, complex commercial litigation, and borrowers in Juvenile Division, and then spent ten years in the Criminal Tropin & litigation Throckmorton, in state concentrates and federal in business courts law, including prof inancing transactions. Division. She represents She transferred a diverse to the Civil range Division in 2012 complex commercial liability cases, litigation brain and and borrowers spinal cord in matters injury, birth defe state and federal courts. where she Florida handles Trend a range magazine of cases from has medical malpractice, related to commercial construction financing site accidents, transactions. aviation She represents cases, maritime c Comer in the South products Florida liability, legal personal community; injury and she over a thousand a diverse range facility of clients claims, in insurance matters brought litigation, in state and and toxic chemi nfluential business foreclosure people under cases. Before the age taking of the 40 bench, by Judge Ward federal courts. Florida Florida Trend Trend magazine has as recognized one of the her Florida as Legal E South Florida practiced CEO law magazine Miami for has 20 years. recognized She spent her six as years at the Office an Up and & Comer Politics in magazine the South Florida as a Florida legal community. Super Lawyers (200 of the Public Defender in Miami, and then opened her own private She was named one of the most influential business people under Lawyer by Martindale Hubbell (2011). criminal defense practice where she focused on death penalty cases. She the age of 40 by Network Miami magazine and recognized as a Next received a B.A. in English and History from Lewis and Clark College in Generation leader by South Florida CEO magazine. Diolombi, Portland, a partner Oregon at where Shook, she participated Hardy & in an Bacon overseas LLP, study program is a member of her firm s Jayne Weintraub, Sale & Weintraub, P.A., represe Product Liability in Iran, where Group. she studied She concentrates the University on of Pahlavi cases in involving Shiraz. She mass torts and Jayne class Weintraub, of Sale & Weintraub, P.A., represents charged with criminal offenses in federal courts thro roduct liability returned claims to Florida and has graduated represented from the University Fortune of 500 Miami companies School and government individuals under investigation or charged with criminal Rico as well as in various local state courts. She con in a broad of range Law in of litigation As a lawyer, matters. she participated Ms. in Diolombi over 100 jury is trials a 2012 and Leadership Council offenses in federal courts throughout the United States deposition strategies. She has brought more than 100 has presided over that number as a Circuit Court Judge. She has been and Puerto Rico as well as in various local state courts. l Diversity Fellow. She recently served a two-year term as a member of the firm s as an Assistant State Attorney, she tried more than 5 a member of the Education Committee for the Florida Circuit Judges She concentrates on pre-trial preparation and deposition y Committee since and 2004 the and Retention, taught courses Advancement, to judges at the Florida and Conference Promotion of Subcommittee. strategies. She has She has successfully brought more represented than 100 jury clients trials in to trials whic ed a 2010, Circuit 2011 Judges, and 2012 Florida "Rising Judicial College Star" and by Advanced Florida Judicial Super Studies. Lawyers. verdict. During Weintraub her time was an recognized Assistant State by Attorney, Florida she Trend magaz tried more than 50 jury (2012) trials. and As a by defense Law lawyer, & Politics she has magazine successfully as a Florida S Cynthia Barnett Hibnick, of Cynthia Barnett represented clients in trials which were covered by Court TV. Ms. Hibnick, P.A., is a civil trial attorney with an AV rating from Weintraub was recognized by Florida Trend magazine as one of the opez-castro, managing Martindale-Hubbell partner at and Kozyak 30 years Tropin of jury trial & experience Throckmorton, in Florida concentrates Legal Elite her (2012) and by Law & Politics magazine as a Florida on bankruptcy and state commercial and federal courts. litigation Ms. Hibnick matters. has tried She cases has to extensive jury Super experience Lawyer (2011, and 2012). Katie S. Phang, of Arrastia, Capote & Phang, LL in a wide range verdicts of bankruptcy in areas as diverse and as medical insolvency malpractice matters, (plaintiffs including bankruptcy cases in both state and federal courts. She has tried li zations and liquidations, and defense), and litigates product before liability, federal breach of and contract, state courts civil locally and around representing plaintiffs and defendants in a wide ran Her experience is not limited to civil cases, and as a f ed States. Ms. Lopez-Castro was the second woman president of the Cuban American both Miami-Dade County and Broward County, sh ociation. She has earned recognition in Chambers USA s America s Leading Lawyers misdemeanors to death penalty felonies. ness and Florida Trend s Legal Elite for her practice in business law, and received the ip Award from the University of Miami Law Alumni Association, the first ever
6 - KICK-OFF PANEL RECEPTION - Overcoming Gender Bias: Getting Into The Courtroom and Succeeding There ednesday, October 17, :30 p.m. to 7:30 p.m. Thursday, October 3, :30 7:30 pm Kick-Off Panel Hyatt Regency Reception Miami - Palm Court (Lobby Level) 400 South East Second Avenue Miami, Florida Overcoming Gender Bias: Getting into the Courtroom and Succeeding There HOSTED BY MODERATOR Hosted by Shook, Hardy & Bacon LLP Julie Braman Kane, Esq., Colson Hicks Eidson Detra Shaw-Wilder, Kozyak, Tropin & Throckmorton Hassia Diolombi, Esq., Shook, Hardy & Bacon Moderator: Corali Lopez-Castro, Kozyak, Tropin & Throckmorton Judge Jacqueline Hogan Scola 11 th Judicial Circuit, Miami-Dade County Leyza Blanco, Esq. Gray Robinson, P.A. Natalie Moore, Esq. Assistant State Attorney, Miami-Dade County Detra Shaw-Wilder, Esq. Kozyak, Tropin & Throckmorton, P.A. r of Colson Hicks Edison, has over fifteen years edical malpractice, products liability, commercial The Honorable Jacqueline Hogan Scola, Circuit as handled multiple multi-million dollar verdicts and Judge of the 11th Judicial Circuit, currently sits in the Civil t injury. She has served Division. as Judge President Hogan Scola of the was Miamiactively involved bench in the without American opposition Association in 2003 and for again in In elected to the circuit court on the Board of Governors, , the she Justice served as PAC president Board of FAWL, having ard of Advocates Board previously of Trustees. served as vice-president and secretary and as a Miami-Dade Board member. She joined Miami-Dade FAWL as a charter County student member in The Miami-Dade Chapter awarded Judge ion partner Hogan at Kozyak, Scola the Mattie Tropin Belle & Davis Throckmorton, Award in She teaches in the complex commercial Litigation Skills litigation, Program the and University borrowers of Miami in School of Law. She is past chair of the Florida Supreme Court Committee on Jury nancing transactions. She represents a diverse range Instructions in Criminal Cases, and is a member of the Florida Bar tate and federal courts. Florida Trend magazine has Rules of Civil Procedure Committee. Comer in the South Florida legal community; she fluential business Leyza people F. under Blanco, the a founding age of shareholder 40 by in the Miami South Florida CEO office magazine of Gray Robinson, has recognized P.A., and her concentrates as on complex business litigation, bankruptcy and insolvency matters. She has served as examiner, receiver, special master and as an expert witness in federal and state court proceedings. Leyza Generation leader by South Florida CEO magazine. iolombi, a partner is currently at Shook, Chair Hardy of the Inclusion/Mentoring/Fellowship & Bacon LLP, is a member of her firm s roduct Liability Group. Committee She of concentrates the Florida Bar s on Business cases involving Law Section mass torts and class oduct liability and is claims on the board and has of the represented International Fortune Women s Insolvency 500 companies and and government n a broad Restructuring range of litigation Confederation. matters. She is a past Ms. president Diolombi of the is Bankruptcy a 2012 Leadership Council Diversity Bar Fellow. of the Southern She recently District of served Florida. a Leyza two-year was awarded term the as a Key member of the firm s Committee Partners and Award the Retention, by the South Florida Advancement, Business Journal and in Promotion 2012 and was Subcommittee. She recently recognized in the Wall Street Journal among the Top 50 Women ed a 2010, 2011 and 2012 "Rising Star" by Florida Super Lawyers. Attorneys in Florida in 2013 and Top 100 Lawyers in Miami-Dade County. She is ranked in Chambers USA, and has been named a Florida Super Lawyer and Top Lawyer by Florida Trend s Legal Elite. opez-castro, managing partner at Kozyak Tropin & Throckmorton, concentrates her on bankruptcy and commercial litigation matters. She has extensive experience and in a wide range of bankruptcy and insolvency matters, including bankruptcy ations and liquidations, and litigates before federal and state courts locally and around Natalie Moore, Assistant State Attorney, is a Division Chief and Homicide Prosecutor at the State Attorney s Office in Miami. She focuses on prosecuting homicides and training and supervising young lawyers. She has tried over 50 jury trials. Ms. Moore does specialized trainings for Assistant State Attorneys in the use of forensic evidence, including DNA and fingerprint evidence. She also serves on the Traffic Homicide and the Hate Crimes Committees. Detra Shaw-Wilder, a litigation partner at Kozyak, Tropin & Throckmorton, concentrates in business law, complex commercial litigation and borrowers in matters related to commercial financing transactions. She represents a diverse range of clients in matters brought in state and federal courts. Florida Trend magazine has recognized her as an Up and Comer in the South Florida legal community. She was named one of the most influential business people under the age of 40 by Network Miami magazine and recognized as a Next
8 Trial Skills Workshop: Part I Direct and Cross Examination of Fact Witnesses, Impeachment Techniques Friday, October 4, :00 am 5:30 pm Lawson E. Thomas Courthouse Center 175 N.W. 1 st Avenue, Miami, Florida 33128
9 GENERAL INSTRUCTIONS We will use the Plaintiff and Defendant adversary method of assigning most problems. Each participant in the Program will be designated either a P or a D. The problems listed in this Program Schedule are designated with P and D assignments. You should assume that all of the problems will be conducted in a simulated courtroom setting as if it were an actual trial. We will be using the Florida Rules of Evidence and Procedure to govern each exercise. MATERIALS This Program uses Polisi v. Clark and Parker & Gould, a mock case file published by the National Institute for Trial Advocacy (NITA). You will receive that file (and a copy of this schedule) before arriving at the Program. It may be helpful for you to bring a copy of the Florida Rules of Evidence for reference. Friday, October 4 8:30 9:00 am Faculty Meeting 9:00 9:45 am Main Courtroom Introduction and Demonstration of Direct and Cross Examination This initial demonstration lays out the basic concepts of witness examination. Most important is form of the question open questions for direct and leading questions for cross examination. We will also talk about the importance of organization and using head notes. Use of appropriate language, pacing, and movement will be included as topics. 9:45 10:00 am Break Workshops #1 and #2 give participants the opportunity to practice questioning techniques in direct and cross examination. Emphasis will be on form of the question and organization. 10:00 12:00 pm Workshop #1 Direct and Cross Examination of Fact Witnesses (Participant performances in small groups) Ps conduct a five minute portion of the direct examination of Margaret Polisi. Make sure that you use questions beginning with Who, What, Where, When, Why, How, Describe or Explain so that the witness is able to tell her story. Ds conduct a five minute cross examination of Margaret Polisi. Your questioning format should be controlling, confining, leading. You may cover any topic that would have been introduced in direct examination.
10 - PANEL LUNCHEON - Jury Selection in a Diverse Population Friday, October 4, :00 pm (noon) 1:30 pm Thursday, October 18, 2012 Third Floor - Tony s Cafe 12:00 noon to 1:30 p.m. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. Museum Tower 150 West Flagler Street Miami, Florida HOSTED BY Trial Skills Panel Luncheon Hosted by: Jury Selection MODERATOR in a Diverse Population Judge Mary Barzee Flores (Ret.) Mary Barzee Flores, Stearns Weaver Esq., Miller Stearns Weissler Weaver Alhadeff & Sitterson, P.A Breezye Telfair, Esq., Miami-Date Judge Beatrice A. State Butchko Attorney s Office Edith G. Osman, 11 th Judicial Carlton Circuit, Fields Miami-Dade P.A. County Moderator: Judge Kimberly Jacqueline Cook, Esq. Hogan Scola Sedgwick LLP Erica Zaron, Esq. Assistant County Attorney, Miami-Dade County Mary Barzee Flores, a litigation shareholder at Stearns Weaver Miller Alhadeff & Sitterson, The Honorable Mary Barzee Flores (Ret.), a Kimberly Cook is a partner at Sedgwick LLP, where P.A., represents individuals and corporations in complex commercial litigation and arbitration. In litigation shareholder at Stearns Weaver Miller Weissler she specializes in professional liability defense, complex 1990, she joined the Federal Public Defender s Office where for twelve years, trying over 40 Alhadeff & Sitterson, P.A., represents individuals and litigation and catastrophic injury defense cases. A Florida federal jury trials to verdict throughout the Southern District of Florida. In 2003, Ms. Barzee corporations in complex commercial litigation and Supreme Court certified circuit mediator, Ms. Cook is arbitration. joined In the 1990, bench she of the joined 11th the Judicial Federal Circuit, Public Miami-Dade County. a fellow She of presided the American over College thousands of Trial Lawyers and a Defender s of cases, Office tried where over for a 12 hundred years, civil she tried and over criminal 40 jury trials to verdict member and of the heard American appeals Board from of Trial the Advocates. She is federal county jury trials court to and verdict various throughout administrative the Southern bodies. Among other a highly appointments involved member over the of course the Florida of Bar and currently District of Florida. her In career, 2003, Ms. she Barzee has served joined on the the bench Florida of the Innocence 11th serves Commission on the Executive and the Council Florida of Supreme the Trial Court Lawyers Section and as a Judicial Circuit, Miami-Dade Criminal Court County. Steering She presided Committee. over thousands of faculty member for the Florida Bar s Annual Advanced Trial Advocacy cases, tried over a hundred civil and criminal jury trials to verdict and Course. She previously served on several other committees, including heard appeals from the county court and various administrative bodies. the Rules of Civil Procedure and Grievance Committees. She is a Among other appointments over the course of her career, she has served member of the Dade County Bar Association, Florida Association for on the Florida Innocence Breezye Commission Telfair has and been the Florida employed Supreme as an Court Assistant Women State Attorney Lawyers, Cuban with American the Miami-Dade Bar Association, State Defense Research Criminal Court Steering Attorney's Committee. Office for seven years. During her time Institute as an Assistant and American State Society Attorney, of Law Ms. Medicine Telfair and Ethics. She is has focused primarily on homicide cases and Martindale-Hubbell has tried approximately AV rated and 40 has been trials ranked to as a Florida Super The verdict. Honorable Currently, Beatrice Ms. Telfair A. Butchko investigates was and prosecutes Lawyer since Hate Crime, Public Corruption and appointed Homicide to the Circuit cases. Court of the 11 th Judicial Circuit in She has served in the Juvenile Dependency Division Erica Zaron has been an Assistant County Attorney and Criminal Division, and presently serves as an Associate with the Miami-Dade County Attorney s Office since Administrative Judge in the Civil Division where she is During that time she has represented Miami-Dade County, Edith Osman, a assigned partner to at the Carlton Extended Fields, Trial Division. P.A., practices Judge Butchko in the areas of business and individual police and corrections officers, in federal litigation, began matrimonial her legal career law, as and mediation. Assistant State She Attorney has significant in Miami-Dade experience representing jury trials involving alleged civil rights violations. Before clients County, in dissolution where she tried of marriage over 80 jury proceedings, trials, and was a post-divorce member of the modifications joining and the County Attorney s Office, Ms. Zaron worked for enforcement, Organized child Crime custody, Unit, served property as Assistant evaluation, Chief of equitable the Career distribution Criminal of marital assets, Holland & Knight in the litigation section, and also clerked pre & post Unit, nuptial and as agreements, a Division Chief. and Prior paternity to taking actions. her seat Ms. on the Osman s bench, contributions for United to States the District Judge Alan S. Gold. community Judge are Butchko too numerous also worked to list. in private Highlights practice. include She was her a partner service at as a member of the Board of K&L Governors Gates practicing of the American commercial Bar litigation Association; when she the was appointed second female to president of The Florida Bar; the bench. and president She is an adjunct of the Florida law professor Supreme at the Court University Historical of Miami Society. She is a past president School of both of Law FAWL and and a visiting of the adjunct Miami-Dade professor at Chapter. Emory University Law School, where she teaches litigation skills. Judge Butchko is also a mock trial coach at Our Lady of Lourdes Academy. Jacqueline Hogan Scola, Circuit Judge of the 11th Judicial Circuit, currently sits in the Civil Division. Judge Scola was elected to the circuit court bench without opposition in 2003 and again in In , she served as president of FAWL, having
11 1:45 3:30 pm Main Courtroom Workshop #2 Direct and Cross Examination of Fact Witnesses (Participant performances in small groups) Ds conduct a five minute portion of the direct examination of Simon Clark. Make sure that you use questions beginning with Who, What, Where, When, Why, How, Describe or Explain so that the witness is able to tell his story. Ps conduct a five minute cross examination of Simon Clark. Your questioning format should be controlling, confining, leading. You may cover any topic that would have been introduced in direct examination. 3:30 3:45 pm Break 3:45 4:15 pm Lecture on Impeachment Workshop #3 simulates trial as the participant must examine the witness laying a persuasive foundation and the evidentiary foundation. The final part of the exercise calls upon the participant to actually use the admitted exhibit in the examination. Use of the exhibit in the examination is the focus of this exercise. As with other exercises, participants must be goal oriented and able to explain where the exhibit fits into their case story. 4:15 5:30 pm Workshop #3 Impeachment (Participant performances in small groups) Ps perform Problems 3 and 4; Ds perform Problems 1 and 2 of the Special Impeachment Problems on pages All prepare a redirect examination.
12 Trial Skills Workshop: Part II Direct and Cross Examination of Expert Witnesses, Closing Arguments Saturday, October 5, :00 am 5:30 pm Lawson E. Thomas Courthouse Center 175 N.W. 1 st Avenue, Miami, Florida 33128
13 Saturday, October 5 8:30 9:00 am Faculty Meeting Workshop #4 Direct and Cross Examination of Expert Witnesses (Participant performances in small groups) Ps conduct the direct examination of Gerald Morris. Each P participant will conduct a five minute portion of direct: select a topic, witness qualifications, method of expert opinion development, the opinion in this case, discussion of the opposing expert s opinion/ methods. Ds conduct a five minute cross examination of Gerald Morris. 9:45 10:00 am Break 10:00 11:45 am Workshop #5 Direct and Cross Examination of Expert Witnesses (Participant performances in small groups) Ps, conduct the direct examination of Gerald Morris. Each P participant will conduct a five minute portion of direct; select a topic; witness qualifications, method of expert opinion development, the opinion in this case, discussion of the opposing expert s opinion/ methods. Ds conduct a five minute cross examination of Gerald Morris.
14 - CLE LUNCHEON - Showing Your Story to the Jury Saturday, October 5, :00 pm (noon) 1:00 pm Lawson E. Thomas Courthouse Center 175 NW First Avenue Miami, Florida HOSTED BY PRESENTER Bryan McDonald Senior Trial Consultant, U.S. Legal Support Bryan McDonald is a Senior Trial Consultant for U.S. Legal Support, the preeminent provider of litigation support services to law firms, insurance companies and corporations. Mr. McDonald is based in Houston, Texas and manages the trial services team in that division. He was the founder of Palmer House Media Productions in 1996 providing legal video services and trial support for its clients in the region. Mr. McDonald has provided trial support and training in the use of trial software for its clients since 1998 and is experienced in all matters of litigation from discovery to verdict.
15 Saturday, October 5 The purpose of the next two workshops is to refine closing argument. Workshop #6 asks participants to present an argument point from their closing argument of no longer than two minutes. The objective of this first segment is for the participant to offer one of the arguments they will make in closing, demonstrating techniques of argument. The second session, Workshop #7, asks participants to present a seven minute closing argument for their case. This second workshop focuses on structure, formulation and tone of argument as it is designed to draw appropriate inferences and conclusions from the facts as presented during the trial. 1:00 2:00 pm Workshop #6 Closing Arguments (Participant performances in small groups) Ps and Ds deliver a portion of your Closing Argument. Choose one topic and be persuasive. 2:00 2:15 pm Break 2:15 4:00 pm Workshop #7 Closing Arguments (Participant performances in small groups) Ps and Ds deliver the seven minute final argument as you would present it at trial. Make sure that your closing contains a grabber that captures the fact finder s attention and asks the fact finder for some type of relief. 4:00 5:30 pm Main Courtroom Recap and Closing Comments This program would not have been possible without the dedicated efforts of: The Miami-Dade Chapter Florida Association for Women Lawyers Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A US Legal Support Shook, Hardy & Bacon L.L.P. Wilson Elser Moskowitz Edelman & Dicker LLP Ileana Cruz, Secretary, Miami-Dade Chapter Florida Association for Women Lawyers Rebecca Ocariz, Treasurer, Miami-Dade Chapter Florida Association for Women Lawyers Special thanks to: The Honorable Gill S. Freeman 11 th Judicial Circuit, Miami-Dade County Laurence M. Rose Professor of Law Emeritus & Director of the Litigation Skills Program University of Miami, School of Law