Trial Skills for Minority Business Lawyers

Transcription

1 The Business Law Section of The Florida Bar presents Trial Skills for Minority Business Lawyers Orlando, Florida Opening Reception September 30, 2015, 5:30 p.m. Burr &Forman LLP SunTrust Building 200 S. Orange Avenue Suite 800 Orlando, FL Interactive Seminar October 1-2, 2015 Orange County Courthouse 23rd Floor Gene Medina Judicial Conf. Rm. 425 N. Orange Avenue Orlando, FL October 1: 8:30 a.m. - 5:30 p.m. October 2: 8:30 a.m. 4:00 p.m. 1

2 I. General Instructions Welcome to the Business Law Section of The Florida Bar s Trial Skills for Minority Business Lawyers Program. Our goal is to provide a platform for you to improve your trial skills, utilizing a learning by doing" format, followed by a critique by the faculty, who will share ideas on how you can be more effective. These suggestions will be constructive and offer specific ways for you to improve and be more successful in representing your clients' needs. We will use the "Plaintiff" and "Defendant" adversary method of assigning most problems. Each participant in the Program will be designated as 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. II. Faculty & Presenters The Honorable Frederick J. Lauten, Chief Judge The Honorable Bob LeBlanc The Honorable Patricia A. Doherty The Honorable Thomas B. Smith The Honorable John M. Kest Carlos Diez Arguelles Mayanne Downs Richard Dellinger The Honorable Alice L. Blackwell The Honorable Lisa T. Munyon The Honorable Faye L. Allen The Honorable Wilfredo Martinez The Honorable Robert J. Egan Belvin Perry, Jr. Armando Payas Antoinette Plogstedt III. Planning Committee The Honorable Alice L. Blackwell Mariane L. Dorris Jill E. Kelso Denise D. Dell-Powell Nicolette Corso Vilmos Roy S. Kobert Kimberly Lopez Sonia E. Colon Elizabeth A. Green IV. Sponsors Akerman, LLP Baker & Hostetler LLP Broad and Cassel Burr & Forman LLP Central Florida Gay & Lesbian Law Association, Inc. Ferraiuoli LLC First Choice Reporting & Video Services Gray Robinson Latham, Shuker, Eden & Beaudine, LLP The Orlando Law Group 2

3 V. 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 to you to bring a copy of the Florida Rules of Evidence for reference. VI. Agenda DAY 1 THURSDAY, OCTOBER 1, :00 8:30 a.m. Faculty Meeting 8:30 9:00 a.m. Breakfast and Introductory Remarks Beginning at 8:45 a.m. (Gene Medina Judicial Conference Room, 23 rd Floor) 9:00-9:45 a.m. Introduction to and Demonstration of Direct and Cross Examination of Fact Witnesses (Main Courtroom) Speaker: Mayanne Downs 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 headnotes. Use of appropriate language, pacing, and movement will be discussed. 9:45 10:00 a.m. Break Workshops #1 & #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 11:45 p.m. Workshop # 1: Direct and Cross Examinations of Fact Witnesses P s: conduct a 5 minute portion of the direct examination of Margaret Polisi. Make sure that you use questions beginning with Who, What, Where, Why, How, Describe or Explain so that the witness is able to tell her story. D s: conduct a 5 minute cross examination of Margaret Polisi. Your questioning format should be controlling, confining, leading. 3

4 You may cover any topic that would have been introduced in direct examination. 12:00 1:30 p.m. Lunch Presentation on Trial Ethics Law Offices of Broad & Cassel Bank of America Center 390 North Orange Avenue, Suite 1400 Speaker: The Honorable Carlos Mendoza 1:30-3:00 p.m. Workshop #2: Direct and Cross Examination of Fact Witnesses (Participant performances in small groups.) 3:00-3:15 p.m. Break D s: conduct a 5 minute portion of the direct examination of Simon Clark. Make sure that you use questions beginning with Who, What, Where, Why, How, Describe or Explain so that the witness is able to tell his story. P s: conduct a 5 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. 3:15 3:45 p.m. Lecture Presentation on Impeachment and Rebuttal Evidence (Main Courtroom) Speakers: Honorable John M. Kest and Honorable Robert J. Egan 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 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. 3:45-5:00 p.m. Workshop #3: Impeachment & Rebuttal Evidence P s: perform Problems 3 and 4 of the Special Impeachment Problems on pages

5 D s: perform Problems 1 and 2 of the Special Impeachment Problems on pages P s and D s: prepare a redirect examination. 5:00-5:30 p.m. Recap & Preview (Main Courtroom) 5

6 DAY 2 - FRIDAY, OCTOBER 2, :15 8:30 a.m. Breakfast and Introductory Remarks (Gene Medina Judicial Conference Room, 23 rd Floor) 8:30-9:15 a.m. Introduction to Expert Testimony Speaker: Richard Dellinger 9:15 10:45 a.m. Workshop #4: Direct and Cross Examination of Expert Witnesses 10:45 11:00 a.m. Break P s: conduct the direct examination of Gerald Morris. Each P participant will conduct a 5 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. D s: conduct a 5 minute cross examination of Gerald Morris. 11:00-12:30 p.m. Workshop #5: Direct and Cross Examination of Expert Witnesses D s: conduct the direct examination of Denise Williamson, Ph. D. Each D participant will conduct a 5 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. P s: conduct a 5 minute cross examination of Denise Williamson, Ph. D. 12:30 1:30 p.m. Lunch Presentation: Anatomy of a Closing argument (Gene Medina Judicial Conference Room, 23 rd Floor) Speaker: TBD 1:30 1:45 p.m. Break to be used for Participants to Draft/Revise Closing Argument 6

7 The purpose of the next workshop is to refine closing argument. Workshop #6 asks participants to present a seven minute closing argument for their case. This workshop focuses on structure, formulation and tone of the argument as it is designed to draw appropriate inferences and conclusions from the facts as presented during the trial. 1:45-3:30 p.m. Workshop #6: Closing Arguments P s and D s: 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. 3:30-4:00 p.m. Faculty Recap and Closing Remarks (Main Courtroom) 7