Continuing Legal Education

Advanced Trial Advocacy Institute

June 02-06, 2014 | 30.5 general CLE credits plus 1 ethics credit

Designed by national experts Professors Marilyn Berger and Ron Clark, the Advanced Trial Advocacy Institute offers a proven conceptual approach to trial practice combined with premier trial principles and strategies for every phase of trial from preparation through closing argument. During the week-long course, the best of the best trial lawyers and faculty will provide you with lectures and demonstrations of successful trial skills.

Contact CLE

Continuing Legal Education
901 12th Avenue, Sullivan Hall 209
P.O. Box 222000
Seattle, WA 98122-1090
(206) 398-4233
cle@seattleu.edu

Learn more about the CLE team

Overview

You will prepare and try a case, including conducting jury selection, presenting opening statement and closing argument and examining expert and lay witnesses. Seasoned and skilled trial attorneys as well as communication specialists will provide feedback and pointers on your performances. Also, your presentations will be videoed so that you can benefit from a one-on-one video review with a faculty member. 

Who should attend

The course is designed for both fledgling practicing lawyers, who are seeking a firm foundation of the finest trial skills through experienced trial lawyers, who want to take their skills to a higher level. The course is also open to a few select law students who have completed their second year and have taken an Evidence course. Seattle University Law Students will receive two academic credits for successfully completing the course.

Topics to be addressed include:

Developing Case Theories, Themes and Trial Strategies

  • Courtroom Communication Techniques

  • Trial Preparation and Planning

  • Effective Jury Selection

  • Convincing Opening Statement

  • Conducting a Compelling Direct Examination

  • Presenting and Attacking Expert Testimony

  • Creating Dynamic Trial Visuals

  • Today's Courtroom Technology

  • Trial Ethics and Avoiding Pitfalls

  • Impeachment and Concession Cross-Examination

  • Persuasive Closing Argument

 

Agenda

Monday, June 2

 

8:15 - 8:45 a.m.
Opening Convocation and Introductions

Dean Annette C. Clark
Marilyn Berger and Ronald H. Clark

8:45 - 10:00 a.m.
Faculty Lecture: Case Theory and Theme Development and Opening Statement

Ronald H. Clark, Esq.

10:15 - Noon
Faculty Lecture: Effective Courtroom Communication

Craig Smith, Esq.

1:15 - 2:45 p.m.
Workshop: Case Analysis, Theory and Theme

2:45 - 4:00 p.m.
Faculty Lecture: Jury Selection

Lisa Marchese, Esq.
Craig Smith, Esq.

4:15 - 5:30 p.m.
Faculty Demonstration: Jury Selection

Simeon Osborn, Esq. representing Plaintiff,
Lisa Marchese, Esq. representing Defendant
Hon. Dean Lum , presiding

 

Tuesday, June 3

 

8:00 - 9:15 a.m.
Faculty Lecture: Concession-Seeking Cross-Examination

Ronald H. Clark, Esq.

9:30 - 12:00 a.m.
Workshop: Jury Selection

1:15 - 2:15 p.m
Faculty Demonstration: Opening Statements

Karen K. Koehler, Esq. representing Plaintiff 
Dan 'L W. Bridges, Esq. representing Defendant
Hon. John H. Chun, presiding

2:30 - 4:15 p.m.
Workshop: Opening Statements

4:15 - 5:30 p.m.
Faculty Lecture: Visual Trial and Today's Technology

Hon. Dean Lum,
Avi Lipman, Esq. and
Erick Gilman, Esq.

 

Wednesday, June 4

 

8:30 - 9:45 a.m.
Faculty Lecture: Making and Meeting Objections

Ronald H. Clark , Esq.

10:00 a.m. - 11:15 p.m.
Faculty Demonstration of Direct and Cross of an Expert

Stephen Penner, Esq., direct

Colette Tvedt, Esq., cross

Hon. Jack Nevin, presiding

11:15 - 12:15 p.m.
Faculty Lecture: Trial Ethics

Hon. John P. Erlick

1:15 - 3:15 p.m.
Workshop: Direct and Cross

3:30 - 5:30 p.m.
Workshop: Direct and Cross  

 

Thursday, June 5

 

8:30 - 9:45 a.m.
Faculty Lecture: Closing Argument

Thomas A. Lemly, Esq.

10:00 - Noon
Workshop: Direct and Cross 

1:15 - 3:15 p.m.
Workshop: Direct and Cross 

3:30 - 5:00 p.m.
Faculty Demonstration: Closing Arguments

Jeffrey I. Tilden, Esq. representing Plaintiff
Amy T. Forbis, Esq. representing Defendant 
Hon. Terrence A. Carroll, presiding

 

Friday, June 6

 

9:00 - 11:30 a.m.
Workshop: Closing Arguments

11:30 a.m. - 1:00 p.m.
Reception, Graduation and Presentation on  Essential Tenets of Civility for Trial Lawyers

by Amy T. Forbis, President American Board of Trial Advocates
Marilyn J. Berger and Ronald H. Clark

Presenters

FROM THE JUDICIARY

  • Hon. Terrence A. Carroll has heard more than 3,000 mediations and 1,000 arbitrations since 1992, and has served as Special Master in dozens of complex cases. He is considered among the top ADR specialists in the Pacific Northwest. He specializes in multi-party civil issues from probate, property, personal injury, and marriage dissolution to business litigation and professional liability. Judge Carroll is committed to taking pro bono and low bono cases as his schedule permits. In his 12 years on the King County Superior Court, Judge Carroll consistently was given highest ratings by the Bar Association. He also has worked as a Deputy Prosecutor, Public Defender and in private practice. He is listed among the Best Lawyers in America for Alternative Dispute Resolution as well as in Pacific Northwest magazines that rank the best in ADR. Judge Carroll is a Distinguished Jurist in Residence at Seattle University School of Law.
  • Hon. John H. Chun is a King County Superior Court Judge. He currently presides over civil and criminal trials and serves on the Court's Rules Committee.  Formerly, he was a trial lawyer and client counselor whose practice focused on commercial cases.  From 2002 to 2005, he was an adjunct professor at Seattle University School of Law.  Before entering private practice, he served as a judicial law clerk for the Honorable Eugene A. Wright, United States Court of Appeals for the Ninth Circuit.  Judge Chun is a graduate of Columbia University and Cornell Law School; he served as editor of the Cornell Law Review.
  • Hon. John P. Erlick was elected to the King County Superior Court in September 2000.  He most recently served as Chief Civil Judge for King County Superior Court and currently presides over civil and criminal trials.  He serves on the State Commission on Judicial Conduct and chairs the Superior Court Judges' Association (SCJA) Ethics Committee.  He is on the Executive Committee and is President Emeritus of the William J. Dwyer Inn of Court (2012-13). He is the current assistant Dean of the Washington State Judicial College. Judge Erlick was elected to the King County Superior Court in September 2000, after concentrating in private practice on defense of professional liability cases.   Judge Erlick is an adjunct professor in professional responsibility and the judicial externship program at Seattle University, where he received the Outstanding Adjunct Faculty Award in 2011.
  • Hon. Dean Lum has served in the Court's civil, criminal and juvenile departments, has been the Chief Judge at the Regional Justice Center in Kent and currently serves on the Court's Executive Committee. His past legal experience includes service as a Deputy Prosecuting Attorney in the King County Prosecutor's Office (1983-90) and practicing complex civil litigation as a partner/ shareholder in several Seattle law firms, including Forsberg & Umlauf and Bullivant Houser Bailey (1990-98). Judge Lum is an Adjunct Professor at Seattle University Law School.
  • Hon. Jack Nevin is a Pierce County Superior Court Judge.  Prior to that he served as District Court Judge, having been appointed to the bench in 1996.  He is a former deputy prosecutor and legal adviser to the Pierce County Sheriff's office.  Judge Nevin is a retired Army Reserve brigadier general with 33 years of active and reserve service in the Army.  He has an extensive background in foreign courts.  He was an independent observer at Guantanamo Bay, Cuba, worked on projects to rebuild the Iraqi justice system, served as presiding judge for a United Nations tribunal in Kosovo and advised the El Salvador government.  Additionally, he is an adjunct law professor at Seattle University.

 
COMMUNICATION SPECIALISTS

  • R. Craig Smith is the Senior Trial Consultant with Prolumina Trial Technologies and Legal Services. He has worked with lawyers as a trial consultant in federal, state and municipal courts. With nearly 25 years of experience, he primarily focuses on the areas of presentation strategy and the architecture of effective communication.  He created the Power Litigation Continuing Legal Education seminar series after many years of observing the performance of lawyers and juries in trial. Mr. Smith  is the author of Championship Law - Seven Keys to Winning Performance in the Courtroom (Trafford Publishing, 2006) which continues to assist lawyers in developing their communication and presentation skills. Craig continues to contribute significantly to the legal media in five western states and can speak French, Turkish, and Japanese.
  • Thomas M. O'Toole, Ph.D.  is the President of Sound Jury Consulting. He has practiced across the nation for over ten years in nearly every litigation type. He has consulted on matters as small as low exposure medical malpractice and as large as "bet-the company" MDL class actions and billion dollar environmental claims. He received his Ph.D. in litigation psychology and communication at the University of Kansas, which houses one of the nation's only doctoral programs designed to offer formal training for those entering the field of jury consulting. Following graduate school, Tom joined industry pioneer Joyce Tsongas at her firm, Tsongas Litigation Consulting, where he worked for eight years, refining company practices and pushing them in innovative, new directions, before venturing off to create Sound Jury Consulting.

  

ATTORNEYS

  • Marilyn J. Berger is the Director of the Comprehensive Trial Advocacy Program and also the Director of Films for Justice Institute at Seattle University School of Law. She is co-author (with Professors John Mitchell, Ronald Clark) of Pretrial Advocacy: Planning, Analysis, and Strategy, Trial Advocacy: Planning, Analysis, and Strategy  and Trial Advocacy: Assignments and Case Files Professor Berger wrote, co-directed, and produced the documentary,  which is about 9/11 families and their experiences with the Victim Compensation Fund and litigation.
  • Dan L'W. Bridges has tried approximately 50 jury trials in counties all across the state and has argued in every Division of the Court of Appeals and Supreme Court. Dan has tried many, long multi-week trials on a variety of complex matters ranging from products liability, to employment discrimination, to insurance bad faith.  Dan represents both defendants and plaintiffs in his practice and has prevailed for both defendants and plaintiffs in a variety of multi-million dollar disputes. He received his law degree from Seattle University, cum lade, 1994.
  • Ronald H. Clark is Distinguished Practitioner in Residence, Seattle University Law School. Formally, he served in the King County Prosecutor's Office (10 years as Chief Deputy of the Criminal Division) and Senior Training Counsel at the National Advocacy Center. He co-authored Pretrial Advocacy, Trial Advocacy, Evidence Skills and Cross-Examination Handbook.
  • Amy T. Forbis is a Shareholder at Bennett Bigelow & Leedom, P.S. For almost 30 years, Amy has focused her practice on the representation of physicians, clinics and hospitals.  Over her career she has represented clients in dozens of jury trials. She represents health care providers in medical negligence lawsuits, arbitration hearings and before administrative and disciplinary boards. She is regularly included on the "Super Lawyer" list by Washington Law and Politics magazine. She is the President of the  American Board of Trial Advocates
  • Barbara Frost has extensive experience as an arbitrator and civil attorney. She served as a Senior Assistant City Attorney for the City of Seattle for 17 years, responsible for settlement, mediation, arbitration or trial of civil cases including torts, workers compensation, land use and employment issues. She has been an arbitrator for the King County Superior Court and for the American Arbitration Association. She has also worked as Counsel to the Ombudsman. She is an Adjunct Professor at Seattle University School of Law.
  • Erick D. Gilman is a Senior Associate at Gordon, Thomas Honeywell.  His practice areas include plaintiffs employment, personal injury, civil rights, business and commercial litigation.  erick has been named as a "Rising Star" by Washington Super Lawyers, 2012, 2013.  As a CLE Speaker his previous presentations include A Picture is Worth 1000 words: Effectively Presenting Visual Evidence at Trial, ABA GP Fall Meeting (Oct. 10, 2012) and Tablet Computers in Practice, TPBBA Technology CLE (May 10, 2013).
  • Karen K. Koehler of Stritmatter Kessler Whelan Coluccio has been nicknamed "The Velvet HammerTM" by some of her adversaries. She is known for her creativity, tenacity and trial skills. Few plaintiff attorneys try more cases than Karen. A mother of three school-age daughters, she has a particular place in her heart for representing families who have lost loved ones due to intentional or negligent acts. In addition to serving as President of the Washington State Trial Lawyers Association (2007-08), she has held leadership positions in the American Association of Justice. A member of the America Board of Trial Advocates, she is listed in The Best Lawyers in America, regularly listed as a Super Lawyer and a top 40 personal injury lawyer by Washington Law & Politics Magazine.
  • Avi Lipman, a trial attorney at McNaul Ebel, represents plaintiffs and defendants in commercial litigation, professional malpractice, insurance, criminal defense, employment and business disputes. Mr. Lipman spent five years as a criminal defense attorney, during which he tried numerous cases before juries in Washington, D.C., and Seattle before transitioning to McNaul Ebel's litigation division. After law school, Mr. Lipman taught trial advocacy and practiced in the Criminal Justice Clinic at the Georgetown University Law Center, where he also received a Master of Laws (LL.M.) in trial advocacy. From 2006 to 2008, he represented clients in King County Superior Court as a trial attorney at The Defender Association. Mr. Lipman joined McNaul Ebel as an associate in 2008. He was named a "Rising Star" by Washington Law & Politics magazine for 2010, 2011 and 2012.
  • Thomas A. Lemly of Davis, Wright Tremaine, has represented employers in complex employment matters for more than 30 years. He has had significant successful jury trial experience in state and federal courts and has tried more than three dozen cases. He counsels and trains employers in preventive labor and employment practices including union avoidance and labor relations management, wage and overtime compliance, disability, leave, and termination policies, and sexual harassment. Tom has assisted federal contractors dealing with affirmative action issues and AAP design and implementation and represented contractors during OFCCP audits throughout his practice. He also assists employers with union campaigns, collective bargaining, and grievance arbitration cases.  Mr. Lemly is the current chair of the Washington State Committee of the American College of Trial Lawyers.
  • Lisa Marchese of Dorsey and Whitney is the Seattle and Anchorage Trial Department Head. Her litigation practice emphasizes trial of complex cases involving construction claims, government contracts, commercial disputes, and products liability. In her career to date, she has tried to verdict over 100 jury trials in state and federal court combined. Ms. Marchese also has extensive experience before Boards of Contract Appeals, arbitration panels, federal and state government boards, and other tribunals throughout the United States.
  • Simeon Osborn of Osborn Machler has developed a powerful track record in personal injury litigation. He has tried many cases and reached settlements for more than $1 million including Palacios v. Conklin & Honda, et al., which was, at the time, the largest personal injury verdict in state history. Mr. Osborn is admitted to practice in Washington state and federal district courts, as well as the U.S. Court of Military Appeals. He is a member of the Washington State Trial Lawyers Association, Association of Trial Lawyers of America, Western Trial Lawyers Association, and the King County Bar Association. In 2003, Mr. Osborn received the great honor of being voted in to the American Board of Trial Advocates. This invitation-only organization recognizes only the best trial lawyers from both plaintiff and defense practice.
  • Stephen Penner is an Assistant Chief Deputy Prosecuting Attorney with the Pierce County Prosecutor"s Office.  He is a criminal trial attorney in the Homicide Unity.  In addition, he is the leader of the Fugitives and Extraditions Unit, handling both international and domestic extradition matters.  Stephen has been a prosecutor for over thirteen years, and was a criminal defense attorney for three years before that.  He has also sat as a pro tem judge over various criminal and civil trials and hearings.  He has tried over 80 cases, including several high profile cases involving such serious charges as aggravated murder in the first degree.  Stephen is also an Adjunct Professor at Seattle University School of Law.
  • Jeffrey I Tilden of Gordon, Tilden, Thomas and Cordell conducts a broad trial practice, with emphasis on personal injury and product liability matters, real estate and commercial disputes, and insurance coverage litigation. Jeff is a Fellow of the American College of Trial Lawyers and a member of the American Board of Trial Advocates. Jeff is past chair of the Washington State Committee of the American College of Trial Lawyers and past President of the Washington Defense Trial Lawyers. He has given numerous speeches to professional and legislative groups. He has tried over 75 cases.
  • Colette Tvedt of Schroeter, Goldmark & Bender is a nationally known trial attorney and lecturer who has been practicing criminal defense for over 20 years. She has tried hundreds of cases in front of judges and juries in both Massachusetts and Washington and in state and federal court. A graduate of the Reid School of Interrogation, Colette is a recognized expert in police interrogation techniques and also has significant expertise in the area of eyewitness identification. Colette represents a broad range of clients facing investigation or prosecution for white collar crimes, violent crimes, property crimes, drug crimes, serious felonies, and misdemeanors. She is an Adjunct Professor Seattle University School of Law.
  • Joanne Werner has practiced law for over 20 years representing victims of negligence, primarily in the areas of personal injury, medical malpractice, product liability, and nursing home neglect and abuse.  She also is a registered nurse with a Master of Science degree and previously taught nursing at the University of Washington.

Pricing

General Registration:  $1499.00

Seattle University Alumni:  $1399.00