Macaronis Institute for Trial and Appellate Advocacy

Co-sponsored with Massachusetts Academy of Trial Attorneys

THIS CONFERENCE OFFERS 1 HOUR OF ETHICS

Date: Thursday, September 17, 24 and October 1, 2009 2009

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

Whether you are new to litigation or have some experience, practical tips from savvy and successful trial attorneys and judges are always invaluable. What you will learn at this program cannot be found in rule books but rather is the inside story from the trenches. You will hear survival tips for trial that will help you to prepare and manage your cases in a manner that improves your chance for success. Attending this program will be like having experienced co-counsel at your side to advise you throughout the trial.

Each session focuses on different aspects of civil litigation, presenting the building blocks to case analysis, pretrial issues and discovery and ultimately trial tactics from both the attorneys’ and judges perspectives. Some of Massachusetts best trial attorneys share their secrets to improve your chances of success. In the last session, a panel of judges representing the different trial courts provides you with a unique opportunity to learn how to navigate the courtroom experience. This three part program gives new lawyers the tools to survive and thrive in trial practice. Attorneys with experience will also benefit from the interactive discussion of strategies for success.

• How to write effective pleadings
• How to get the most out of discovery
• How to present your case in the strongest light to the fact finder -whether judge or jury
• What judges expect
• What common problems to avoid
• When to engage in ADR
• How to succeed at trial

AGENDA

SESSION ONE: THURSDAY, SEPTEMBER 17, 2009
GETTING STARTED WITH LITIGATION

Initial Considerations
Should You Take the Case; Managing Client Expectations; Budget Concerns; Fee Agreements; Pretrial Security

Strategies for Drafting the Complaint and Answer
What Goes into the Complaint; Where to Start; How Much Can and Should You Say; When to Move to Dismiss; Arguing for and Against a Motion to Dismiss

Conducting Efficient and Effective Discovery
Witness Preparation; Interrogatories-What Information Do You Need; How to Get What You Need; Motions to Admit; Motions to Produce; Motions to Compel; Depositions-Out of State Witness, What to Ask, This Is the Time to Ask Why, Making It Cost-Effective

Moderator: Honorable Isaac Borenstein (ret.)
Robert W. Casby, Carol A. Kelly, Elizabeth N. Mulvey and George E. Wakeman, Jr.

SESSION TWO, THURSDAY, SEPTEMBER 24, 2009
HOW TO BE SUCCESSFUL IN COURT

Pretrial Preparation
Organizing Your Trial Notebook; Developing the Theory of Your Case

Trial Success Strategies
Impaneling a Jury; Juror Notebook; Opening Statements; Closing Arguments; Persuasive Examinations-How to Ask Questions; Direct and Cross Examination Techniques for Fact and Expert Witnesses; Putting in a Prima Facie Case; Exhibits and Demonstrative Aids; Jury Instructions-Where to Find, How to Draft; Engaging in Negotiations during Trial

Moderator: Timothy Wilton
Lisa Brodeur-McGan, Kerry P. Choi, Paul R. Keane and Kathleen M. O’Donnell

SESSION THREE, THURSDAY, OCTOBER 1, 2009
WHAT TO EXPECT AND WHAT JUDGES EXPECT OF YOU

A View from the Bench
Scheduling; Working with Clerks; Communicating with the Court; Courtroom Etiquette and Civility; Temporary Orders; Pretrial Conferences and Motions; Motions in Limine; Jury Selection; Handling Exhibits and Special Rules for Electronic Exhibits; Electronic Discovery; The New Guide to Evidence; How to Approach Evidentiary Rules; What Are the Standards for Summary Judgment; How to Make a Record; Alternative Dispute Resolution Strategies

Moderator: Justice John M. Greaney (ret.)
Honorable Amy L. Blake, Honorable Mark S. Coven Honorable Eileen M. Schaevel (ret.), Honorable Constance M. Sweeney