2012 Fall Seminar September 27-28, 2012 Deadwood Mountain Grand Hotel & Casino

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1 2012 Fall Seminar September 27-28, 2012 Deadwood Mountain Grand Hotel & Casino

2 Dear SDTLA Members: 50 Shades of a Case MODERN TRIAL TECHNIQUES CLE credits applied for North Dakota, Wyoming, Montana, Nebraska & Minnesota I personally want to invite you to the best of the best seminar you may ever have the opportunity to attend in SD. The Agenda is great; the speakers are awesome. The outstanding lineup of Faculty members will be presenting topics that address the basic practice of law to the most advanced, new and innovative methods of communicating your case to those who count. Faculty: Russ Herman, former ATLA President, New Orleans----Closing Argument and featured banquet speaker Phillip Miller, super trial attorney and trial consultant----nashville, TN Tearing your case down and rebuilding it Rachel Montes, excellent trial attorney and sought after national speaker, Dallas, TX..the art and use of Psychodrama David Bossart, international speaker and trial attorney and co-founder of Winning Works, Fargo, ND and Phoenix, AZ-----Coping with trial stress You will have the opportunity to mingle with faculty and friends at a past presidents reception on Thursday evening prior to a wonderful Banquet. This year, the seminar will be held at the new Deadwood Mountain Grand Hotel beginning on Thursday, Sept. 27th at 1pm and ending at 5pm with the reception and banquet following. On Friday, September 28 th the seminar will begin at 9am and end at noon. I cannot stress enough the importance of this seminar. Good attendance means good seminars. Don t miss this one. You will regret it. For those of you that wish to stay for the weekend, there is no better time of the year to enjoy the beauty of the Black Hills and it s Fall splendor. Bring your family and friends. SEE YOU IN DEADWOOD, Terry Quinn

3 Thursday, September 27, 2012 Agenda 12:30 p.m. Registration and coffee DMG Hotel meeting room 1:00 p.m. SDTLA Welcome Steve Siegel, President 1:05 p.m. Building a Theme for Your Case by Tearing it Down Phillip Miller, Nashville, TN 2:30 pm Networking Break 2:45 pm Finding Balance In Your Life and Practice David Bossart, Fargo, ND 4:00 pm Closing Argument Russ Herman, New Orleans, LA 5:00 p.m. Adjourn 6:00 pm Past President s Reception, VIP Terrace (outside/weather permitting) 6:30 p.m Networking Banquet Russ Herman, Keynote Speaker DMG Hotel Meeting Room Friday, September 28, :00 a.m. The Art and Science of Psychodrama Hands-on Practice Workshop Rachel Montes, Dallas, TX and other Psychodrama instructors to be named 10:30 a.m. Networking Break Noon Adjourn

4 REGISTRATION INFORMATION: Registration fees cover two half-day seminars with course materials, evening President s reception followed by the banquet. REGISTRATION FEES: Comp Sustaining members* $ members over 3 years in practice $ members less than 3 years in practice $ Public attorney members $ Public attorney Non-members $ non-members less than 3 years in practice (includes 6 mo membership) $ non-members over 3 years in practice (includes 6 mo membership) $50.00 Legal Support Staff, USD Law Students $ Legal Support Staff non-member $65.00 Guest for Past Presidents Reception and banquet only *must pre-register I need on site sitter services for # children ages ACCOMODATIONS: Rooms can be reserved by calling the Deadwood Mountain Grand Hotel at and ask for reservations in the SD Trial Lawyer Association block. The SDTLA rate for King Deluxe is $99.00/night plus tax. The SDTLA room block will be released on August 26th so call today! Please photocopy and use a separate registration form for each registrant. Return this form and the appropriate fees to: SDTLA Office PO Box 1154 Pierre, SD If you have questions, call (605) Name Address City State Zip Telephone REGISTER ON-LINE by sending an message with the above information to Please send your registration fee by mail to SDTLA, PO Box 1154, Pierre, SD

5 FACULTY: Phillip Miller is a trial lawyer and trial consultant based in Nashville, Tennessee. He is past the President of the Tennessee Association for Justice. His firm has been recognized by Martindale-Hubbell as one of the Pre-eminent firms in the United States, and he was recognized by the Nashville Business Journal as one of the Best of the Bar. Phillip is Av rated and has tried some 48 personal injury jury trials to a verdict. He has been certified and recertified as a specialist 3 times. During the last 30 years before the bar, Phillip has written, published, and presented papers on trial practice from California to Florida. He has been published in Trial, The American Journal of Trial Advocacy, and in trial lawyer publications in 8 states and three Canadian provinces. He has been a repeat speaker at programs including Harvard University and the National Judicial College and has been an invited speaker at programs nationwide. As a significant part of his practice, Mr. Miller is frequently hired by other firms as a trial consultant to help them prepare and re-frame their biggest, most significant cases and conduct focus groups for them to test their strengths and weaknesses. The American Association for Justice Trucking Litigation Group and Nursing Home Litigation Group have both used Phillip to help demonstrate focus group deliberations in real cases he helped prepare. Firms in Michigan, Alabama, Illinois, Wisconsin, Minnesota, Texas, Idaho, Kansas, Oregon, Kentucky, California, Tennessee, and Missouri have used Mr. Miller to help them recover 100 millions of dollars over the last 10 years for their injured clients. David R. Bossart is a plaintiffs trial lawyer, with over 46 years experience in private practice. He was born and raised in North Dakota. He is a graduate of the University of North Dakota, having received his Juris Doctor Degree in He has been designated a Diplomate of Trial Advocacy by AAJ, formerly the Association of Trial Lawyers of America, since June 1994, which is one of its highest awards. He has been a member of AAJ since May of 1974 and has served on the AAJ Board of Governors for 22 years. He has lectured nationally in the field of trial advocacy, and is a faculty member for the National College of Advocacy, which is the teaching arm of the Association of Trial Lawyers of America. David has been teaching trial lawyers on both the state and national level for over 30 years. He has been a Fellow in both the American College of Trial Lawyers, which is limited to the top 1% of trial lawyers in the country since 1988, and the International Academy of Trial Lawyers, which is limited to the top 500 trial lawyers in the country, since He is an advisory board member to APITLAmerica, the Association of Plaintiff Interstate Trucking Lawyers of America who represent people injured or killed by semi truck and trailers. He is a founding member and past president of the North Dakota Association for Justice ( ). David received the Light of Justice Award from the North Dakota Association for Justice on May 10, 2012, which is the highest award the association gives. It has only been given to seven individuals in the 36 year history of NDAJ. He has been listed in the book, Best Lawyers in America, by Woodward/White representing injured parties since 1987 and was selected by Best Lawyers as Lawyer of the Year 2012, for Plaintiffs Personal Injury Litigation, Fargo, North Dakota. He is also a nationally known trial consultant for plaintiff trial lawyers only, and is one of the founding principals of Winning Works (www.winningworks.com). He is also a member of the American Society of Trial Consultants. He has consulted with plaintiff trial attorneys in lawsuits against tobacco companies, and is currently consulting with plaintiff trial attorneys in class action lawsuits against insurance companies. David Bossart is and has been actively involved in helping plaintiffs trial lawyers put their cases together in such a way so as to give the lawyer and the client the best possible chance of winning with today s jury.

6 RUSS HERMAN is a Senior Partner in the firm of Herman Herman & Katz LLP of New Orleans, Louisiana. He graduated from Tulane University with a B.A. Degree and L.L.B. in In 1977, he was chosen Outstanding Trial Lawyer by the Louisiana Trial Lawyers Association, and was LTLA President in He has authored over 200 articles, papers and books in various aspects of Civil Trial Practice and has been published in various works including Am Jur; Trials; Shepard's/McGraw Hill; The National Business Institute; Trial Magazine; The Forum; and Personal Injury Annual by Matthew Bender. Mr. Herman has served on the faculty of the Practicing Law Institute - The National College of Trial Advocacy and has lectured at Tulane, L.S.U., Loyola, Georgetown, Hastings and other law schools. Mr. Herman served as President of the (ATLA) Association of Trial Lawyers of America ( ); President of the Civil Justice Foundation ( ); and President of the Roscoe Pound Foundation ( ). He is a Diplomate of the American Board of Professional Liability attorneys; a Diplomate of the National College of Advocacy, a Fellow and Director of the International Academy of Trial Lawyers, a member of the American Board of Trial Advocates (ABOTA),a Fellow of the International Society of Barristers, a Barrister of the American College of Barristers. In July of 2001, Mr. Herman was selected for The Leonard M. Ring Champion of Justice Award, which is the highest honor bestowed by ATLA. He has also received the ATLA Lifetime Achievement Award (1999) and the Joe Tonahill Award (1998); Pursuit of Justice Award (American Bar Association Tort Trial & Insurance Practice Section (TIPS) 2005). Mr. Herman has been selected for listing by Naifeth and Smith in their book Best Lawyers in America in Personal Injury, Maritime, Complex Litigation and Appellate Trial Practice areas. He is the author and performer of ATLA s best selling, 6-Volume Video Trial Practice Series, Courtroom Persuasion: Art, Drama & Science and a 443-page book by the same title published by West Group, Clark Boardman Thomson and ATLA Press and is the author for West Group s two-volume series Louisiana Personal Injury. The National Law Journal named Mr. Herman as one of Louisiana s top ten litigators and the American Law Journal highlighted Mr. Herman in its June 1999 issue, and Fortune Magazine featured his litigation accomplishments in the July 3, 2000, issue. In April 2003, the Third Edition of Chamber s USA America s Leading Business Lawyers ( ) listed Mr. Herman as the leading individual trial lawyer in Louisiana in General and Commercial Litigation and he has been listed in the top tier lawyers continuously. Peer comments from 2004 through 2009 have described him thus: Extraordinarily talented Russ Herman - was singled out for his trial skills ; Russ Herman s tenacity personified in the eyes of commentators ; Is phenomenal in Court which sees him involved in a great deal of national litigation cases ; Hugely amicable personality before juries. A star both at the Bar and in his firm. Best Lawyers In America continuously since 1 st publication in Personal Injury ; Maritime ; Complex Litigation ; and Appellate Practice ; As tenacious as a Bulldog ; Smart and Highly Able. In 2004, a jury returned a $591,000,000 verdict in Scott v American Tobacco, et al. ( , Orleans Parish, Civil District Court). Mr. Herman was lead trial counsel in this case. Mr. Herman is Court Appointed: Liaison and Lead Counsel in In Re: Propulsid: MDL 1355 case; Liaison Counsel and Member of PSC Executive Committee in In Re: Vioxx: MDL1657; Appointed as Liaison Counsel In Re: Chinese Drywall: MDL Mr. Herman as Liaison Counsel and lead negotiator, was successful in concluding a $4.85 billion dollar settlement with Merck. Since 2005, Mr. Herman has been selected from over 15,000 nation-wide nominees as one of American s 500 Leading Lawyers and Jurists by Lawdragon publications and since 2005, as one of America s Top 500 Litigators. From 2007 to date, he was selected by The Legal 500" as one of the 500 top litigators in the country. In December 2007, was selected by Lawyers Weekly, USA as Lawyer Of The Year. In was selected as one of the Top 100 Trial Lawyers in the country by the American Trial Lawyers Association. In 2009, The Federal Bar Association (EDLA) selected Mr. Herman to receive the John R. Martzell Professionalism award. The selection committee was composed of Federal Judges and lawyers.

7 In November 2009, Russ was named the Best Lawyers 2010 New Orleans Personal Injury Litigator of the Year. Mr. Herman s most recent publication: Courtroom Persuasion II, Winning with Art, Drama and Science, 653pp was released by West Group on March 28, On April 22-23, 2010, Russ was honored at the Induction Ceremony of The American Trial Lawyer Hall of Fame during the Mass Torts Made Perfect Seminar with Clarence Darrow, John Adams, Jerry Spence, Justice Thurgood Marshall, Morris Dees, Fred Levin and others. On October 22, 2010, The American Law Litigation Daily named Herman, National Litigator of the Week. On June 1, 2011, the national peer review journal, Legal 500, named Herman one of five tier one lawyers in Mass Torts and Class Actions he was described by peers as an outstanding trial lawyer and leader in all matters. In the Fall of 2011, Mr. Herman was appointed an Advisor to The New Orleans Health Authority and in January 2012, an Advisory Counsel of Super Lawyers. A veteran Dallas trial lawyer, Rachel Montes has one goal in mind when she begins work for a new client, simply to level the playing field. This approach to dealing with negligent individuals and big business has earned Montes the respect of her peers and the gratitude of people and their families who have suffered injuries or loss at the hands of others. Ms. Montes has had the privilege of representing many families who have lost loved ones or suffered life-changing injuries, and she has enjoyed a successful history of fighting for people victimized by trucking negligence, fraternity hazing, insurance bad faith claims, defective products, wrongful death and workplace negligence. She returns to Deadwood for SDTLA with her Psychodrama Skills Part II.

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