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Date: 03/28/2017

1 Ethics & 5 Skills CLE Credits


After last year’s success, “25 Trial Issues” is back! With new questions and topics this year’s seminar will be an informal panel discussion where audience participation is encouraged. Over two evenings, come hear from an elite panel of Trial Attorneys and the Honorable Douglas E. McKeon to discuss those items that trial attorneys face during a trial that require fast and strategic thinking. The panel and audience will deal with a large array of perplexing trial topics. Do you have a question? Now is the time to ask. 


Some of the key issues that will be discussed are:


• Social Media: My client provided better surveillance of herself than the defense investigator could ever get.  How do I deal with that?

• Social Media:  Are searches about jurors personal info ethical?

•Focus groups:  Have they worked? Why and why not?

• Rebuttal witnesses – can you call them?

• Character witnesses – can you call them?

• Why bad things never happen to defense minded jurors – A Primer on “Reptilian” thinking

• Holding attorneys on summation to what they said on opening – admission?

• Opening’s not part of the evidence - so off limits?

• Why bad things never happen to defense minded jurors – A Primer on “Reptilian” thinking

• Holding attorneys on summation to what they said on opening – admission?

• Opening’s not part of the evidence - so off limits?

• 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?

•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

•What are the risks of moving for a mistrial when the trial judge shows obvious hostility to you and/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 plaintiff to the doctor who will be testifying at trial – how do I handle that?

•Plaintiffs’ 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

•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?

•Client with convictions

•Client with alcoholism

•Are apologies during summation for conduct during trial ever appropriate, can apologies be used preemptively in openings?

•Judge who keeps putting me off about making a record – I can barely remember what I needed to put on the record •Judge who won’t let me go on record

•Attacking opposing counsel/ praising opposing counsel

•No permanency in narrative reports exchanged by plaintiff’s counsel – is it required to elicit testimony from testifying doctor – from a law perspective, from a practical perspective?

•How many “helpers’ should a trial attorney have in the courtroom – can you ever have too many -  is there a way to make it less David v Goliath?

•The sleeping juror

•The hostile judge

•Do you write out your cross examinations/summation - use any notes?

•What money example if any do you use to get jurors to think money in summations (i.e. genie bottle on beach / ad in help wanted/ Van Gogh painting / ball players, etc.) if not how do you get jurors thinking big money - when - jury selection – summation?


There will be a Q & A and a panel discussion to collectively discuss & share thoughts on how to effectively handle the most difficult problems. 





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. Douglas E. McKeon

Administrative Judge, Civil & Criminal Matters, Bronx County, 12th JD


Robin Gregory, Esq.

Wilson Elser Moskowitz Edelman & Dicker 


Alan Kaminsky, Esq.

Lewis Brisbois Bisgaard & Smith LLP


Judith A. Livingston, Esq.

Kramer Dillof Livingston & Moore


Richard M. Maltz, Esq.

Counsel to Frankfurt, Kurnit, Klein & Selz, PC


Daniel P. O’Toole, Esq.

Block, O'Toole, & Murphy


Evan Torgan, Esq.

Torgan Cooper & Aaron, P.C.