25 TRIAL ISSUES THAT KEEP YOU UP IN THE MIDDLE OF THE NIGHT - 2019 EDITION
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June 17, 2019
New York State Trial Lawyers Association
Trial Prep/Trial Tactics
Join the Honorable Justice George J. Silver, Justice Eileen Rakower and Trial Attorneys Ben Rubinowitz & Jeff Korek for "25 Trial Issues". Ben and Jeff have assembled an "All Star" panel of Trial Attorneys- Plaintiffs and Defendants as well as prominent ethicist, Michael Ross. This seminar is an informal panel discussion where audience participation is encouraged. Over two evenings, come hear from an elite panel that will discuss an array of perplexing issues that attorneys face during trial that require fast, strategic thinking. Do you have a question? Now is the time to ask.
Some of the key issues that will be discussed are:
• Social Media/Ethics: - Are searches on juror’s personal info ethical? Can I run a background search on a potential juror?
- What if I learn a potential juror lied during voir dire but it does not hurt my case? Do I have an obligation to notify the Court and my adversary? What risks do I run by not saying anything?
- Are searches on a witness appropriate? Can I “friend” a witness? Can I have a friend “friend” a juror? A witness?
- A friend of the plaintiff recently filmed her engaging in activity that would be harmful to her case. Do I have an obligation to disclose? What if she posted the video on Facebook? Can you or your client direct her to remove it? What are the risks?
- My client provided better surveillance of herself than the defense investigator could ever get. How do I deal with that?
- A witness made a statement to your investigator but denies making such a statement at trial. What obligation do you have to disclose?
• Summation -- Does a failure to address your adversary’s arguments or issues mean that you have conceded the point(s) made by the adversary? What has worked and why? • Focus groups: Have they worked? Why and why not?
• A Judge wants your case settled. Although you do not believe the settlement amount is fair or appropriate you realize that all rulings are now going against you. How do you deal with that?
• What is the best way to deal with a judge who screams at you that (s)he knows the law when it is obvious that (s)he does not.
• How do you deal with a judge who sets arbitrary time limits for examining medical and other experts?
• What are the risks of moving for a mistrial when the trial judge shows obvious hostility to you or your client? How do you get the judge to back off and give you and your client a fair shake?
• Defense counsel is making a big deal of the fact that I referred the plaintiff to the doctor who will testify at trial – how do I handle that?
• Plaintiff’s counsel opened and I barely made an objection – now I am opening and he is objecting to every other word – I can barely keep my train of thought.
• You misstated a crucial fact during Opening. How best to deal with that?
• My client is irresponsible and should not be trusted with any large amount of money that might be awarded – how do I handle that with the jury – do I do it in opening / summation / somewhere else --- is it appropriate to do so?
• Your client is the representative of the Estate in a Wrongful Death case. He has a bad background-- drugs, alcoholism and criminal convictions. You fear that the jurors will not make an appropriate award because of your client’s background. How best to deal with that?
• How do I deal with a Client with convictions / alcoholism?
Program Titles and Supporting Materials
This program contains the following components:
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.
How to Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
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