25 TRIAL ISSUES THAT KEEP YOU UP IN THE MIDDLE OF THE NIGHT: 2019 EDITION



Details

Mondays, June 17 & 24, 2019/6:00PM-9:00PM

 

6 CLE CREDITS: 2 Ethics & 4 Skills

 

Join Deputy Chief Administrative Judge, Hon. George J. Silver, Acting Justice of the Supreme Court, Hon. Eileen Rakower and Trial Attorneys Ben Rubinowitz & NYSTLA Past President 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 ethicists, Michael Ross & Richard Maltz.  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. 

 

By way of a very brief history please know that we have modeled our program after the 1962 Herman Glaser seminar in which Glaser gathered the "greats" of his era to impart their collective wisdom to aspiring trial lawyers.  Thirty years later,  Harvey Weitz assembled a round table panel at NYSTLI that included the Hon. Ira Gammerman, Hon. Gabriel Krausman, Hon. Eve Preminger  and attorneys  Ivan Schneider, Richard Shandell and others . The panel borrowed from Moe Levine , Al Julien and  James Dempsey while setting out to demonstrate how best to deal with  difficult trial issues.  Harvey's NYSTLI seminars formed the basis of his book the  "Compendium of the Art of Summation" which with Harvey's permission has served as the inspiration for Ben and I to put together our seminar - "25 Trial Issues"  - Jeff Korek, Esq.

 

Some of the key issues that will be discussed are:

 

·         Worrying about summation –When do I start to prepare for

          summation?

·         Do you make notes throughout trial?

·         Collect transcripts throughout trial?

·         What should the proper length for summation be?

·         Do you comment on each witness during summation?

·         How do you start your summation? Finish summation?

 

·         Do you use the Verdict Sheet?

·         Should I submit a proposed verdict sheet to the Judge?

·         What to do if the Judge won’t let you use the verdict sheet

          during summation?

·         Do Judges allow you to use the Verdict sheet?

 

·         Should you answer all of your adversary’s arguments during

          summation? (What has worked and why? Give Specific examples)

·         If you don’t answer the argument have you conceded the point?

·         What if you have no good answer for your adversary’s argument?

·         Are you giving too much credence to your adversary by answering

          his / her argument?

·         Should I use PowerPoint during summation?

·         Covering in summation certain charges you know are to come: “falsus in uno”; preponderance of the

          evidence (even using hands to indicate slight shift in scale rather than beyond a reasonable doubt, 

          etc.)

·         How to explain burden of proof without drawing an objection. What has worked? What hasn’t?

·         How to explain the law without drawing an objection. What has worked? What hasn’t? i.e. Proximate

          Cause, Standard of Care, Operative terms from the charge.

·         How far will the Judge go in letting you reference the law during summation? When will the Judge stop

          you?

 

·         Focus Groups.   Have they worked? Why?  Why not?

·         Focus Groups.   For only portions of the case – troubling issues? On line Focus groups?

 

·         What is the best way to deal with a Judge who screams at you?

·         How to properly protect the record when a judge shows obvious hostility to you or your client?

·         How to best get the judge to back off and give your client a fair shake?

 

·         How to deal with a judge who is annoyed that you won’t settle?

·         When to move for a mistrial?

·         How to deal with a judge who takes over the questioning of a witness – and is doing a bad job

          (Remember Gammerman?)

 

·         What is the best way to explain the law to a Judge who thinks he/she knows the law but doesn’t?

·         What is the best way to deal with a judge who sets arbitrary time limits on Witness examination,

          Openings or Summation?

 

·         Is it appropriate to joke around with the jury? Too much humor? Not enough humor?

·         What if I told a joke and no one laughed?

·         Personal attacks on your adversary? What is fair comment? What crosses the line? Should it ever be

          done?

·         How should I respond to a personal attack by my adversary?

·         Should I ask the judge for help when my adversary attacks me personally?

 

·         Worrying about Opening Statements.  What constitutes unfair argument?

          Should I use exhibits?

·         Should I use PowerPoint during Opening? Summation?

·         How to respond to an adversary who continually objects during my Opening?

·         Should I ask the Court for help?

·         What should I do if I promised a witness during opening but can’t produce him?

·         Defense counsel is making a big deal about the fact that I referred plaintiff to a doctor who is testifying

          at trial. How to deal with that?

 

·         My client is a drug addict, criminal, all around bad guy.  How and when should I deal with that?

·         How to deal with client with convictions? Drug abuse? Prior vicious criminal or immoral acts?

·         My client is irresponsible.  You fear that the jury will not return a substantial award for fear that

          he/she will just blow it.   How to best deal with this?

 

·         How do I deal with separated spouses as a result of the accident? How to deal with the consortium

          claim?

 

·         Defendant wants to use the severity of the injury as a defense suggesting plaintiff now has a limited

          life expectancy.  How to deal with that?

 

·         Surveillance Video. How to best deal with that? When to deal with that?

·         Surveillance video served immediately before trial.  Will the Judge allow it?

 

·         Expert witness served immediately before trial.  Will the Judge allow it?

·         No 3101d for a treating doctor.  Do I need one?

·         Can a treating doctor comment on permanency if no 3101d served?

 

·         Should you call the defendant as the first witness on plaintiff’s case?  Why? Why not?

·         What to do if the Judge doesn’t permit you to lead?

 

·         Defense attorney wants to apologize for his/her client’s conduct. Is this a play for sympathy? 

          Permissible?

 

·         Missing records / documents.   How to handle?

 

·         Can a non physician create and testify about a life care plan?  How to deal with this?

 

·         How many helpers should an attorney have in the Courtroom? David v Goliath fears?

·         How to deal with the sleeping juror? Judge?

 

·         What examples / analogies do you use for future pain and suffering?

·         What are the best arguments for a substantial verdict?

·         How close should you come to a “golden rule” violation?

          When do you first mention the monetary amounts you are going to be asking for? Anchoring?

 

·         Do you talk to the jurors after the verdict?

 

·         What about authoritative texts on cross? New law – good or bad?

 

·         Rebuttal witnesses – should you wait to call them?

·         Character witnesses – Should you call them?

 

 

 

 

FACULTY:

 

Jeff S. Korek, Esq. – Co-Chair

Gersowitz, Libo & Korek P.C.

 

Ben B. Rubinowitz, Esq.  - Co-Chair

Gair, Gair, Conason, Rubinowitz, Bloom,

Hershenhorn, Steigman & Mackauf

 

Hon. George J. Silver
Deputy Chief Administrative Judge, New York City Courts

 

Hon. Eileen A. Rakower
Acting Justice, Supreme Court New York County

 

Karen Campbell, Esq.
Lewis Brisbois Bisgaard & Smith LLP

 

W. Russell Corker, Esq.
Law Office of W. Russell Corker P.C.

 

Glenn W. Dopf, Esq.
Dopf, P.C.

 

Howard S. Hershenhorn, Esq.
Gair, Gair, Conason, Rubinowitz, Bloom, 
Hershenhorn, Steigman & Mackauf

 

Alan Kaminsky, Esq.
Lewis Brisbois Bisgaard & Smith LLP

 

Danny R. Kraft, Jr., Esq.

Weitz & Luxenberg

 

Judith A. Livingston, Esq.
Kramer Dillof Livingston & Moore

 

Richard M. Maltz, Esq.
Counsel to Frankfurt, Kurnit, Klein & Selz, PC

 

Michael S. Ross, Esq.
Law Offices of Michael S. Ross

 

Evan Torgan, Esq. 
Torgan Cooper & Aaron, P.C.

Location

New York, NY

NYSTLA

132 Nassau Street, 2nd Floor

New York, NY 10038

(212) 349-5890


Travel/Accommodations

Subway information

2 or 3 to Park Place or Fulton Street

4, 5 or 6 to Brooklyn Bridge

A or C to Broadway Nassau

R to City Hall


Cancellation Policy

NYSTLI requires 24 hour prior notice to cancel seminar attendance.
No refunds will be given for later cancellations, or once the seminar begins.