2007 LIVE Dallas July 18-20

Transcription

1 23rd Annual Advanced Personal Injury Law Course 2007 July August 1-3 August VIDEO South Padre Island October VIDEO October HIGHLIGHTS Legislative Update Supreme Court Update Voir Dire Strategies After Cortez and Hyundai Stowers Pitfalls Personal Injury Damages Exit Interviews with Jurors Come a day early to see RUSTY HARDIN and CHIP BABCOCK face off in Understanding Juries: A Mock Trial Featuring Two Legendary Texas Litigators! (See registration form on page 7.) Electronic Discovery Premises Liability Lunch served all 3 days

2 Advanced Personal Injury Law Course Video Schedule South Padre Island October 10-12, 2007 Radisson Resort South Padre island October 17-19, 2007 Norris Conference Center 8:00 Registration 9:00 Legislative Update.75 hr David E. Chamberlain, Austin Guy D. Choate, San Angelo Rep. Dan M. Gattis, Georgetown 9:45 Paid and Incurred.5 hr Jim M. Perdue, Jr., Jaime A. Saenz, Brownsville Wednesday 6.75 hrs Thursday 7.5 hrs (1 hr ethics) 8:30 Evidence Update.5 hr Andrew B. Sommerman, 9:00 Recent Developments in UM/UIM Litigation.5 hr Thomas A. Crosley, 9:25 The Noble Trial Lawyer.5 hr ethics William J. Chriss, Austin 9:55 Break 10:20 Break 10:30 Challenging and Sustaining Jurisdiction and Venue.5 hr E. Thomas Bishop, 10:55 Procedure Update.5 hr Prof. Tracy Walters McCormack, Austin 11:25 Supreme Court Update.5 hr Hon. J. Dale Wainwright, Austin 11:55 Break - Lunch Provided 12:10 Luncheon Presentation: Jury Charge.5 hr John B. Gsanger, Corpus Christi Ben Taylor, Hon. Nelva Gonzalez Ramos, Corpus Christi 12:40 Break 12:50 Stowers Pitfalls.5 hr Patricia O. Alvarez, Laredo 1:15 Products Liability.5 hr Andrew L. Andy Payne, 1:45 Proportionate Responsibility.5 hr Knox D. Nunnally, 2:15 Liens and Subrogation and Medicaid/Medicare Strategies.5 hr Judy Kostura, Austin 2:45 Break 2:55 Medical Malpractice.5 hr Paula F. Sweeney, 3:25 Dram Shop Liability.5 hr Spencer G. Markle, 3:50 Personal Injury Damages.5 hr Joseph Todd Trombley, 4:15 Adjourn 10:05 Summary Judgment.5 hr Gregory T. Perkes, Corpus Christi 10:20 The Ultimate Motion in Limine - or - A Rule You Can Count On.5 hr Hon. Tracy E. Christopher, 10:55 Voir Dire: Strategies After Cortez and Hyundai.75 hr Hon. Rebecca Simmons, Hon. Jane Bland, Matt Stayton, Fort Worth 11:40 Break - Lunch Provided 11:55 Luncheon Presention: Exit Interviews with Jurors.75 hr (.25 hr ethics) Hon. Samuel A. Medina, Lubbock 12:30 Break 12:40 Preparing a Witness in a Car Wreck Case.5 hr Daniel J. Perkins, Greenville 1:10 Coverage Opinions and Personal Injury Cases.5 hr Sheshe Taylor Evans, 1:40 Indemnity Issues in Personal Injury Cases.5 hr H. Victor Thomas, 2:15 Break 2:25 Toxic Torts.5 hr Barbara J. Barron, Beaumont 2:55 Chapter 95: Its Application in Oil and Gas and Construction Cases.5 hr Daryl L. Derryberry, Tyler 3:20 Trucking Litigation.5 hr Tim Newsom, Amarillo 3:50 When the Going Gets Tough: Cutting the Fat Out of Your Practice.5 hr (.25 hr ethics) Paula Elliott, Conroe 4:20 Adjourn

3 Friday 4.75 hrs (1.25 hrs ethics) 8:30 Premises Liability.5 hr Edwin E. Wright, III, 8:55 Bankruptcy Issues.5 hr Jonathan S. Covin, 9:20 Electronic Discovery.5 hr J. Christopher Dean, 9:50 The Paperless Office, E-Filing, and the Effective Use of Technology.5 hr Marvin W. Marty Jones, Amarillo 10:15 Break 10:25 Select Appellate Issues Arising in Personal Injury Cases.5 hr Hon. Robert H. Bob Pemberton, Austin 10:50 Avoiding a Grievance/Malpractice.5 hr ethics Glenn W. Cunningham, 11:20 Break - Lunch Provided 11:35 Responding to the Grievance Committee.75 hr ethics Robert E. Valdez, 12:20 Break 12:30 Strategic Aspects of Responsible 3rd Parties.5 hr Randall O. Sorrels, 12:45 Car Wrecks.5 hr Deborah J. Bullion, Sugar Land 1:25 Adjourn MCLE # Hours (2.25 Ethics) Understanding Juries A Mock Trial Featuring Two legendary Texas Litigators Video Schedule South Padre Island Tuesday October 9, 2007 Tuesday October 16, :00 Registration 1:15 Introduction to Jury Decision making.25 hr Jason S. Bloom, M.A., 1:30 Plaintiff Presentation.5 hr Rusty Hardin, Jr., 2:10 Defense Presentation.5 hr Charles L. Chip Babcock IV, 2:50 Break 3:00 Jury Deliberations 1 hr 3:45 Break 3:55 Focus Group 1 hr Jason Bloom and the jury panel 4:55 Q & A Session with Attorneys.5 hr (.25 hr ethics) All faculty 5:25 Adjourn MCLE # Hours (.25 Ethics) See brochure below for registration form.

4 TexasBarCLE presents 23rd Annual Advanced Personal Injury Law Course Cosponsored by the Litigation Section of the State Bar of Texas TexasBarCLE Advanced Courses are sponsored by LexisNexis, a division of Reed Elsevier Inc. DALLAS July 18-20, 2007 Marriott Las Colinas August 1-3, 2007 Hyatt Regency Hill Country Resort & Spa August 22-24, 2007 Westin Oaks Hotel VIDEO South Padre Island October 10-12, 2007 Radisson Resort South Padre Island VIDEO October 17-19, 2007 Norris Conference MCLE CREDIT 19 HOURS (2.25 ETHICS) MCLE COURSE NO: Applies to the College of the State Bar of Texas and to the Texas Board of Legal Specialization in Civil Appellate Law, Civil Trial Law and Personal Injury Trial Law. Wednesday 6.75 hours 8:00 Registration 8:45 Welcoming Remarks and Program Introductions Course Directors Andrew L. Andy Payne, Payne Law Group David E. Chamberlain, Austin Chamberlain - McHaney Hon. Tracy E. Christopher, Judge, 295th District Court 9:00 Legislative Update.75 hr David E. Chamberlain, Austin Chamberlain - McHaney Guy D. Choate, San Angelo Webb Stokes & Sparks 9:45 Paid and Incurred.5 hr Jim M. Perdue, Jr., The Perdue Law Firm 10:15 Break Jaime A. Saenz, Brownsville Rodriguez, Colvin, Chaney & Saenz 10:30 Challenging and Sustaining Jurisdiction and Venue.5 hr E. Thomas Bishop, Bishop & Hummert 11:00 Procedure Update.5 hr Hon. Mary L. Murphy, Judge, 14th District Court Tracy Walters McCormack, Austin Professor of Law University of Texas School of Law Alex Wilson Albright, Austin Associate Dean & Senior Lecturer University of Texas School of Law 11:30 Supreme Court Update.5 hr Hon. J. Dale Wainwright, Austin Justice, Supreme Court of Texas 12:00 Break - Lunch Provided 12:15 Jury Charge.5 hr John B. Gsanger, Corpus Christi The Edwards Law Firm 12:45 Break Ben Taylor, Fulbright & Jaworski Hon. Ken Wise, Judge, 152nd District Court Hon. Nelva Gonzalez Ramos, Corpus Christi Presiding Judge 347th District Court Hon. Sandra Watts, Corpus Christi Judge, 117th District Court 1:00 Stowers Pitfalls.5 hr Patricia O. Alvarez, Laredo The Alvarez Law Firm 1:30 Products Liability.5 hr Andrew L. Andy Payne, Payne Law Group 2:00 Proportionate Responsibility.5 hr Knox D. Nunnally, Vinson & Elkins Michael C. Smith, Marshall The Roth Law Firm 2

5 2:30 Liens and Subrogation and Medicaid/Medicare Strategies.5 hr Judy Kostura, Austin Judge, Kostura & Putman 3:00 Break 3:15 Medical Malpractice.5 hr Paula F. Sweeney, Howie & Sweeney 3:45 Dram Shop Liability.5 hr Spencer G. Markle, The Mallia Law Firm 4:15 Personal Injury Damages.5 hr Alexander B. Klein, III, The Klein Law Firm 4:45 Adjourn Thursday 7.5 hrs including 1 hr ethics 8:30 Evidence Update.5 hr George A. Tex Quesada, Jr., Sommerman & Quesada 9:00 Recent Developments in UM/ UIM Litigation.5 hr Thomas A. Crosley, Branton & Hall 9:30 The Noble Trial Lawyer.5 hr ethics William J. Chriss, Austin Director, Texas Center for Legal Ethics and Professionalism 10:00 Break 10:15 Summary Judgment.5 hr Gregory T. Perkes, Corpus Christi The Perkes Law Firm 10:45 The Ultimate Motion in Limine - or - A Rule You Can Count On.5 hr Hon. Tracy E. Christopher, Judge, 295th District Court 11:15 Voir Dire: Strategies After Cortez and Hyundai.75 hr Moderator Hon. Karen Gren Johnson, Judge, 95th District Court Hon. Jane Bland, Justice, First Court of Appeals Lisa Blue, Baron & Blue Hon. David E. Keltner, Fort Worth Kelly Hart & Hallman Moderator Hon. Rebecca Simmons, Justice, Fourth Court of Appeals Hon. Jane Bland, Justice, First Court of Appeals Daniel J. Christensen, Austin Smith & Carlson Hon. David E. Keltner, Fort Worth Kelly Hart & Hallman Moderator Hon. Randall W. Wilson, Judge, 157th District Court Hon. Jane Bland, Justice, First Court of Appeals Hon. David E. Keltner, Fort Worth Kelly Hart & Hallman Robert Rivera, Jr., Susman Godfrey 12:00 Break - Lunch Provided 12:15 Exit Interviews with Jurors.75 hr (.25 hr ethics) Hon. Samuel A. Medina, Lubbock Judge, 237th District Court 1:00 Break 1:15 Preparing a Witness in a Car Wreck Case.5 hr Daniel J. Perkins, Greenville Watkins & Perkins 1:45 Coverage Opinions and Personal Injury Cases.5 hr Sheshe Taylor Evans, Legge, Farrow, Kimmitt, McGrath & Brown 2:15 Indemnity Issues in Personal Injury Cases.5 hr Reagan W. Simpson, King & Spalding 2:45 Break H. Victor Thomas, King & Spalding 3:00 Toxic Torts.5 hr Barbara J. Barron, Beaumont Mehaffy Weber 3:30 Chapter 95: Its Application in Oil and Gas and Construction Cases.5 hr Daryl L. Derryberry, Tyler Derryberry & Zips 4:00 Trucking Litigation.5 hr Tim Newsom, Amarillo Lovell, Lovell, Newsom & Isern 4:30 When the Going Gets Tough: Cutting the Fat Out of Your Practice.5 hr (.25 hr ethics) Paula Elliott, Conroe Elliott & Little 5:00 Adjourn 3

6 Friday 4.75 hrs including 1.25 hrs ethics 8:30 Premises Liability.5 hr Edwin E. Wright, III, Stradley & Wright 9:00 Bankruptcy Issues.5 hr Jonathan S. Covin, Carrington Coleman Sloman & Blumenthal 9:30 Electronic Discovery.5 hr J. Christopher Dean, Williams Bailey David A. Chaumette, Shook Hardy & Bacon 10:00 The Paperless Office, E-Filing, and the Effective Use of Technology.5 hr Marvin W. Marty Jones, Amarillo Sprouse Shrader Smith 10:30 Break 10:45 Select Appellate Issues Arising in Personal Injury Cases.5 hr Hon. Robert H. Bob Pemberton, Austin Justice, Third Court of Appeals 11:15 Avoiding a Grievance/ Malpractice.5 hr ethics Glenn W. Cunningham, Law Offices of Glenn W. Cunningham 11:45 Break - Lunch Provided 12:00 Responding to the Grievance Committee.75 hr ethics Robert E. Valdez, Ray, Valdez, McChristian & Jeans 12:45 Break 1:00 Strategic Aspects of Responsible 3rd Parties.5 hr Randall O. Sorrels, Abraham, Watkins, Nichols, Sorrels, & Friend 1:30 Car Wrecks.5 hr Deborah J. Bullion, Sugar Land Gascoyne & Bullion 2:00 Adjourn Understanding Juries: A Mock Trial Featuring Two Legendary Texas Litigators - July 31, Hyatt Regency Hill Country Resort and Spa South Padre Island VIDEO REPLAY - October 9, Radisson Resort South Padre Island VIDEO REPLAY - October 16, Norris Conference Center Program will run from 1:15-5:30 p.m. Rusty Hardin Chip Babcock Legendary Litigators, Rusty Hardin and Chip Babcock, will put their trial tactics and courtroom skills on display for you in front of a mock jury panel. This CLE program includes: attorney presentations to mock jurors, followed by a closed-circuit viewing of live jury deliberations, a focus group debrief, and a Q&A panel discussion about courtroom techniques and jury persuasion. The mock trial will include a hypothetical civil case involving issues related to misappropriation of trade secrets, employment law, contract claims, and damages. MCLE CREDIT 3.75 HOURS (.25 ETHICS) MCLE COURSE NO: What You Will Learn: How juries decide cases What juries focus on What works and what doesn t in the courtroom Juror perceptions of trial attorneys Trial tactics and strategies Facilitator Jason Bloom, Jury Consultant Bloom Strategic Consulting, Inc. Legendary Litigators Rusty L. Hardin, Jr., Rusty Hardin & Associates, P.C. Charles L. Chip Babcock, IV, Jackson Walker L.L.P. 4

7 Reserve Your Hotel Room Early Hotel rooms have been blocked at special rates on a space available basis. To make a reservation, contact the hotel and indicate that you are attending the State Bar of Texas Advanced Personal Injury Law Course. Live $139/night Marriott Las Colinas 223 W. Las Colinas Blvd Deadline: June 26, 2007* South Padre Island Video $105 Cabanas/$205 Condos Radisson Resort South Padre Island 500 Padre Blvd Deadline: September 10, 2007* Live $195/night Hyatt Regency Hill Country Resort & Spa 9800 Hyatt Resort Dr Deadline: July 7, 2007* Video Norris Conference Center 9990 Richmond No rooms have been blocked for this site Live $143/night Westin Oaks Hotel 5011 Westheimer Deadline: July 23, 2007* * The reserved block of rooms may fill up before the deadline. Act now! The benefits of membership in the Litigation Section One of the largest State Bar sections, the Litigation Section commits to information and education about important and news-making topics that impact the profession. All members receive the respected quarterly journal, The Advocate, featuring updates and analyses of issues by some of the state s most distinguished practitioners. The Section provides grants to worthy projects, sponsors ethics-accredited programs and lectureships at law schools, and works to attract nationally known keynote speakers for the Bar s Annual Meeting. When there are court rules being considered that will affect how lawyers practice, the Section takes a lead in advocacy with the Texas Supreme Court. Finally, the Section cosponsors top-notch continuing legal education with TexasBarCLE, earning its members 5 a discount. In a typical year, this would mean discounted attendance at these popular programs: the Litigation Update Institute, the Electronic Evidence and Digital Discovery Institute, the Advanced Evidence and Discovery Course, the Advanced Civil Trial Course, and the Advanced Personal Injury Law Course. Sections can do much to enhance your professionalism. Enjoy the benefits of membership in the Litigation Section!

8 COURSE INFORMATION Register Early and Save $50 by registering no later than two weeks before each presentation date. Early registrations help us ensure that sufficient course books, seating, and refreshments will be available. Registrations are accepted on a space-available basis. Course materials and seating will be reserved for pre-registrants until the start of the first presentation. No confirmation will be sent; pick up your name tag and course materials at the program. Litigation Section Members Can Save Up To $80 because the Section cosponsors this course with TexasBarCLE. If you are a Section member, you save $30; see the registration form. To join the Litigation Section, please contact the State Bar s Sections Coordinator, Kathy Casarez, at , x1420. Please do not send payment for Section membership with your registration fee. Qualifying Judges may attend free of charge, provided (1) the course is directly related to the jurisdiction of their tribunal, (2) they are full-time judges or judges retired under the judicial retirement system, and (3) space is available after admission of all paid registrants. Judges must actually attend to receive course materials. This privilege does not extend to receivers, trustees, court staff, or persons serving part-time in any judicial capacity. If You Register But Cannot Attend you can still earn participatory MCLE credit and receive the written materials. First, consider transferring your registration fee to a later presentation of the course; to do so, call , x1574. Second, as a registrant, you are entitled to special benefits via our web site (see Two Free Online Benefits For Course Registrants, below). However, if you wish to receive a refund instead, mail or fax ( ) your request so that we receive it at least one business day before the program. Registrants who do not attend will be sent the course materials. Two Free Online Benefits for Course Registrants will be available 4-8 weeks after the course: (1) streaming video and audio versions of each presentation and (2) electronic versions of the course materials. To access these benefits, log onto TexasBarCLE.com. To view videos, look under Your Online Classroom and click on Free Classes from Seminars You ve Attended. For course materials, check our home page for Your Online Library. Below that, click on Free Articles from Seminars You ve Attended. Remember: there s no extra charge. As a registrant, you re already entitled! MP3 CDs require an MP3-compatible device (e.g., an ipod or a portable or nonportable CD/MP3 player) for playback. Older CD Players may not play MP3 CDs. Most computers can play MP3 CDs; many can be used to extract MP3 files and burn them onto audio CDs playable in car stereos. MP3-compatible devices may be combined with a commercially available adaptor to transmit sound to a car s FM radio or audiocassette player. Course Directors David E. Chamberlain Austin Hon. Tracy E. Christopher Andrew L. Andy Payne Planning Committee Patricia O. Alvarez Laredo Barbara J. Barron Beaumont E. Thomas Bishop Hon. Jane Bland Deborah J. Bullion Sugar Land Glenn W. Cunningham Daryl L. Derryberry Tyler Paula Elliott Conroe Kevin A. Isern Amarillo Alexander B. Klein III Jeffrey S. Levinger Hon. Robert H. Bob Pemberton Austin gregory T. Perkes Corpus Christi Daniel J. Perkins Greenville randall O. Sorrels Hon. J. Dale Wainwright Austin Litigation Section of the State Bar of Texas susan Nelson Chair Alistair Dawson Chair-Elect Elizabeth Mack Vice-Chair Fred Bowers Secretary Walker Friedman Treasurer Daniel Bishop Immediate Past Chair State Bar of Texas Martha S. Dickie President robert A. Black Chair of the Board gib Walton President-Elect Eduardo Roberto Rodriguez Immediate Past President Karin R. Crump TYLA President Hon. David Keltner Chair, CLE Committee F. R. Buck Files, Jr. Chair, Board PDP Committee John Edwards Executive Director Patrick A. Nester Director, TexasBarCLE Hedy Bower Program Attorney Kathy Reese Sr. Program Coordinator Persons with Disabilities who need special accommodations to attend should contact us as soon as possible at x

9 Registration Form Four ways to register Online TexasBarCLE.com credit card only Phone , x1574 during business hours credit card only Advanced Personal Injury Law Course Fax credit card only Mail State Bar of Texas - CLE LB # P. O. Box , TX check or credit card 1 Check boxes to select course/site: 2 Advanced Course 5010 q, July $595 Early Registration Deadline: July 5 q, August 1-3 $645 Early Registration Deadline: July 18 q, August $595 Early Registration Deadline: August 8 q So. Padre Island VIDEO, October $495 Early Registration Deadline: September 26 q VIDEO, October $495 Early Registration Deadline: September 26 Your course registration fee includes a complimentary membership in the State Bar Litigation Section for January, 2007 through May 31, 2008 (if you are not already a member). If you are becoming a member of the Litigation Section coincident with your registration for this course, you are NOT entitled to the $30 discount below. If you do NOT want to take advantage of this special offer to join the Litigation Section, please check here: q Mock Jury Trial q, July 31 $145 q S. Padre Island VIDEO, October 9 $115 q VIDEO, October 16 $115 (No discounts or fees in column 2 apply.) 3 4 Check all applicable boxes below to calculate your fee: q Add $50 if registering for the Advanced Course after the Early Registration Deadline at left. (If registration is by mail, date of postmark will determine if this fee applies.) q Subtract $30 if you are a member of the State Bar Litigation Section -OR- member of the State Bar College. -ORq Subtract $25 if you are a member of the State Bar Legal Administrators or Paralegal Division -OR- if licensed two years or less. q No charge for Qualifying Judge My payment after all calculations above: $ I can t attend. Just send course materials.* FREE Shipping! q Advanced Course book $230 per set q Set of audio MP3 speeches on CD $225 per set q Set of audio CDs $345 per set I am paying by: q Check (enclosed) payable to State Bar of Texas for $ q Visa q MasterCard q AMEX q Discover Account No. Exp Date Name on card (Please print) Advanced Course fees include Lunch all three days! Signature 5 Bar Card or State Bar Membership No. Name Preferred Badge Name Firm Name/Court Address for Bar-Related Mail City/State Zip Phone ( ) Fax ( ) QUESTIONS? , x , x1574 *Online versions (PDFs) of course materials will be available 4-6 weeks after the course. Check the Online Library at TexasBarCLE.com. Plus 7.25% tax (8.25% for Austin address) on total. Book orders and audio CD orders are shipped separately and filled approximately 4 weeks after the first live program. You will be billed unless you authorized a credit card charge above. Requires MP3-compatible player for playback. Older CD players may not play MP3s. See MP3 CDs under Course Information. 7

10 Your expenses have gone up. But your bar dues have not. Remarkably, the most recent increase in Texas bar dues was in 1991 a decade and a half ago. To continue to provide services you want at minimal cost to you, the State Bar consistently looks for ways to stretch its resources. One way is through funds generated by continuing legal education. CLE revenues help extend substantially the time between increases in State Bar dues. When you attend a TexasBarCLE seminar, enroll in its Online Classroom, or purchase materials from its Online Library, you help keep your bar dues low. You support the very organization that seeks to support you. You strengthen the Bar s ability to ensure selfgovernance, to protect the public, and to advocate the highest professional standards. And you honor the contributions of your peers: volunteer speakers and authors who improve the profession by sharing knowledge and experience with their fellow lawyers. You have many choices when it comes to CLE providers. With a tradition of volunteerism and support of services vital to many Bar members, TexasBarCLE is a partnership we can all be proud of. Our success is your success. When you choose CLE, choose TexasBarCLE. Education by the Bar, for the Bar. SM State Bar of Texas P. O. Box Austin, TX rd Annual Advanced Personal Injury Law Course July 18-20, 2007 August 1-3, 2007 August 22-24, 2007 VIDEO October 10-12, 2007 South Padre Island VIDEO October 17-19, 2007 NON PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT NO AUSTIN, TEXAS