SHOOTING IN A TAVERN ON A SATURDAY NIGHT

Today’s headline in the local newspaper is “Jury awards $3.7M to estate of Munchbar shooting victim.” The newspaper account describes how a jury awarded the estate of the deceased $3.5 million with the tavern being held responsible for 75% and other participants in a fight leading up to the shooting being responsible for the remaining 25%.  The shooter was prosecuted and pleaded guilty to second-degree murder.

For a prosecutors and defense attorneys, one of the first murder cases that they may well handle will stem from a shooting in a tavern on a Saturday night. It’s part of what you do in your career as a pretrial litigator and a trial lawyer in the criminal justice field. In civil practice, wrongful death suits growing out of the same shooting are not unusual.

           

Because tavern shootings are common, high profile and involve a variety of legal and factual issues as well as a wide spectrum of witnesses, they are ideal for learning pretrial and trial advocacy skills through experiential learning in law school, prosecutor and defense counsel training sessions and civil professional development seminars. This is why we chose the shooting-in-a-tavern-on-a-Saturday-night case for our Pretrial Advocacy and Trial Advocacy books. Both books have this Advocacy website where trial lawyers and law students can access complete case files and role-play assignments. The Professors and CLE instructors who adopt a book are provided with not only a Teacher’s Manual but also an Actor’s Guide containing instructions for those who will perform the roles of witnesses.

The robust materials can be used for professional development continuing legal education and law school performance in class and mock trials. The tavern shooting scenarios are always challenging and an enjoyable learning experience.

BRAND NEW TRIAL ADVOCACY 4TH EDITION

The Fourth Edition of Trial Advocacy: Planning, Analysis, and Strategy has just been published by Wolters Kluwer. This new edition continues to explore all aspects of trial persuasion with expanded and updated coverage.

Some of the Major Additions to the Fourth Edition are:

·      Complete case files for mock civil wrongful death and criminal murder trials, with witness statements, exhibits, legal memoranda, statutes, jury instructions for mock trials, and performance assignments

·      Seventy-nine role-playing assignments, from jury selection through closing argument

·      Comprehensive witness instructions for assignments and mock trials

·      Trial preparation and case management, covered in a new chapter

·      Updated rules for Civil Procedure, Criminal Procedure, Ethics, and Evidence

Particularly important is that this new updated edition comes with a brand new website AspenAdvocacyBooks.com www.aspenadvocacybooks.com. This website features:

·      A full-length trial demonstration movie that can be streamed, showing experienced trial lawyers engaging in every stage of trial from jury selection through closing argument

·      A video of a crime scene tour

·      Case files, Actors Guides and a Teacher’s Manual for mock trials or experiential exercises either in professional development CLEs or law school classes

TRIAL ADVOCACY IN KOSOVO

Advancing Justice

For the past week, I have been in Pristina, Kosovo teaching trial advocacy. The U.S. Department of Justice offered this advocacy training as part of Kosovo’s effort to implement the rule of law. Kosovo is the world’s newest nation, having declared its independence in 2008. The population of Kosovo is approximately 1.8 million.

The people of Kosovo have great affection for Americans, and they were unfailingly gracious to us.  The U.S. involvement in bringing an end to the Kosovo war is a reason for this attitude, and their appreciation is evident with a statue of Bill Clinton on Bill Clinton Boulevard and American flags flying throughout the city.   

Attendees at the course were Victim Advocates. Victim Advocates in Kosovo have a four-year undergraduate degree in the law. Under the new Kosovo Criminal Procedure Code (effective January 1, 2013), they have a new active role in prosecutions. Their new responsibilities include augmenting the prosecution’s case and pursuing restitution and compensation on behalf of victims.

The attendees, like the vast majority of the population of Kosovo, were Albanian. One spoke Bosnian and the rest Albanian. The training was done with simultaneous translations.

The trial advocacy courses consisted of training two groups in two separate sessions back to back. Each training session lasted two and a half days. During the sessions, the attendees learned about prosecuting a case from opening statement through closing argument. Jury selection was not discussed because cases are tried either to a single judge or a three-judge panel depending upon the nature of the crime. The Kosovo criminal justice system is evolving. Besides not providing jury trials, there are many other differences from our criminal just system. Another example is that plea bargaining was not been possible in the past, and every case went to trial.

My co-trainers - Chuck Ex and Scott Thorley (Scott is pictured above) - and I lectured, demonstrated how to perform different parts of trial, such as give an opening statement, and worked with the attendees in workshops as they delivered opening statements and closing argument as well as conducted direct and cross-examinations. The criminal case fact pattern that they used is the one provided in Trial Advocacy: Assignments and Case Files, 2nd Edition. 

A highpoint of the week was attending an event at theUnited States Ambassador’s residence that honored Kosovo’s Forum of Women Judges and Prosecutors. Not only is our Ambassador Tracey Jacobsen a woman but so it the President of Kosovo Atifete Jahjaga. The President is an ex-police chief and only 38 years old. Pictured above are Vlora Citaku (Minister of European Integration of the Republic of Kosovo), Chuck Ex, the President, me and my wife. 

My colleagues pictured below  from left to right are: Michelle Lakomy (Resident Legal Advisor, Pristina, Kosovo) who was in charge of the program, Chuck Ex (Program Director for OPDAT – Office of Prosecutorial Development, Assistance and Training), Benina Kusari (Legal Specialist), me, Scott Thorley (Assistant United States Attorney in Salt Lake City, Utah), and Elisa Thana (Victim/Witness Advocacy Program Manager).

It was an honor to be a part of this ongoing endeavor to improve the skills of the Victim Advocates and to put into practice the rule of law in Kosovo.

ASPENADVOCACYBOOKS.COM WEBSITE BEING REMODELED

New Books Call for Website Overhaul

Currently, the website for our books - www.aspenadvocacybooks.com is being completely overhauled. The reason is that Wolters Kluwer (Aspen) publications has just released the Third Edition of Trial Advocacy: Planning, Analysis and Strategy and the Second Edition Trial Advocacy: Assignments and Case Files and is about to release in September the brand new Evidence: Skills, Strategies and Assignments for Pretrial and Trial. Michael Caldwell of growth industrie is doing a superb job and we are looking forward to the unveiling. Not only will it feature full information about the Evidence: Skils and Strategies book but also will have a new password protected area with even more useful advocacy material.

SOON TO BE RELEASED – TRIAL ADVOCACY: ASSIGNMENTS AND CASE FILES

New Book and Materials for Mock Trials and Trial Performance Assignments

The 2nd Edition of Trial Advocacy: Assignments and Case Files will be available at the beginning of July. Assignments and Case Files provides both a criminal homicide and a related civil wrongful death case that can be used for mock trials and/or for 86 role-playing assignments.

Features are:

 Mock civil and criminal trials for trial advocacy courses or professional development seminars
 Excellent role-play assignments from the pretrial case theory and theme development stage through closing argument in both criminal and a civil cases
 Case files, legal memoranda, statutes, case law, jury instructions, witness instructions and exhibits for the role-play assignments and mock trials
 Checklists of proficiency standards for each trial activity
 Teacher’s Manual with sample syllabus and teaching notes

NEW to the Second Edition:

 Comprehensive instructions and materials for organizing and conducting mock trials
 Additional evidence assignments
 Completely updated to reflect changes in technology and law

Summary of Contents:

Chapter 1. Introduction to the Book, CDs, DVD, and Website
Chapter 2. Trial Preparation and Case Management
Chapter 3. The Assignments
Appendix A: Checklists for Trial Skills

COMING SOON -TWO NEW TRIAL ADVOCACY BOOKS

New Third Edition of Trial Advocacy: Planning, Analysis, and Strategy and Second Edition of Trial Advocacy: Assignments and Case Files

Early this summer, Wolters Kluwer (Aspen) will release the new editions of Trial Advocacy:Planning, Analysis, and Strategy and companion book Trial Advocacy: Assignments and Case Files by Berger, Mitchell and Clark

A leader in the field, TRIAL ADVOCACY 3rd Edition offers:

 Accompanying DVD that features a jury trial demonstration movie with demonstrations by veteran trial lawyers
 Companion website www.aspenadvocacybooks is regularly updated and provides articles, supplemental materials, downloads, and links to additional resources
 A thorough overview of the trial process
 Balanced coverage of case theory and skills
 Practical instruction on how trial lawyers think and act
 How trial advocates use state-of-the-art technology
 Trial persuasion strategies and techniques
 Ethical and legal boundaries of trial advocacy

NEW to the Third Edition, which has been thoroughly updated:

 How to satisfy the judge’s expectations of counsel
 Practical checklists added to each chapter
 Comprehensive coverage of evidentiary foundations and the visual trial
 Guarding against juror online research misconduct
 Interlinking the trial demonstration movie with the text Bench trial advocacy

Summary of Contents
Chapter One: An Introduction: The Books, CDs, DVD and Website
Chapter Two: Trial Persuasion Principles
Chapter Three: Case Theory and Theme Development
Chapter Four: Jury Selection: Two-Way Exchange
Chapter Five: Opening Statement: Storytelling
Chapter Six: Making and Meeting Objections
Chapter Seven: Introducing Exhibits
Chapter Eight: The Visual Trial and Today’s Technology
Chapter Nine: Direct-Examination: Building the Case
Chapter Ten: Cross-Examination: Concession Seeking
Chapter Eleven: Experts: Yours and Theirs
Chapter Twelve: Jury Instructions: The Jury’s Law
Chapter Thirteen: Closing Argument: Art of Argument

The next post will cover the companion book Trial Advocacy: Assignments and Case Files, which may be used for mock trials and 86 performance assignments.

PRETRIAL AND TRIAL ADVOCACY WEB SITE

Visit www.aspenadvocacybooks.com for Valuable Resources

Pretrial Advocacy and Trial Advocacy is a Website that gives valuable resources to trial advocates, law professors, and law students.

For PRETRIAL ADVOCACY the Web site provides the following useful material:

Justice Paul Anderson’s article: “Fielding Difficult Questions from the Bench;”
Sample Complaints;
Sample Answers;
Sample Motions – Motion to Compel and Motion for Summary Judgment;
Sample Declaration;
Sample Interrogatories;
Sample Requests for Production;
Sample Requests for Admissions;
Links to worthwhile Web sites including trial visuals; tour of a courthouse, and trial advocacy blogs and websites;
Research Web sites, such as Rules of Professional Responsibilities, E-discovery, Federal Rules of Civil Procedure and much more;
Case management and preparation Web sites, and Web sites for locating people, conducting background investigations and public sleuthing, and
Descriptions of the book Pretrial Advocacy: Planning, Analysis and Strategy, 2nd Edition; as well as accompanying movies on a DVD (how to take and use a deposition at trial, guided crime scene tour and visuals) and CDs.

As was discussed in a prior blog the site also offers the following TRIAL ADVOCACY resources:

Trial transcripts including personal injury and the Sonics’ trial;
Juror questionnaire;
Sample trial motion;
Preview of the Freck Point Trial demonstration movie, and
Descriptions of Trial Advocacy: Planning, Analysis & Strategy, 2nd Edition and Trial Advocacy: Assignments & Case Files as well as the accompanying trial demonstration movie - Freck Point Trial on DVDs and CDs

TRIAL ADVOCACY WEB SITE

A Web Site Chock-Full with Valuable Resources

Pretrial Advocacy and Trial Advocacy is a Website designed to offer valuable resources for trial advocates, law professors, and law students learning about trial advocacy.





This Advocacy Web site contains:

Trial transcripts including personal injury and the Sonics’ trial;
Juror questionnaire;
Sample trial motion;
Preview of the Freck Point Trial demonstration movie;
Links to worthwhile Web sites including trial visuals, tour of a courthouse; trial advocacy blogs and websites;
Research Web sites, such as Rules of Professional Responsibilities, E-discovery, Federal Rules of Civil Procedure and much more;
Case management and preparation Web sites, and Web sites for locating people, conducting background investigations and public sleuthing, and
Descriptions of books Pretrial Advocacy: Planning, Analysis and Strategy, 2nd Edition; Trial Advocacy: Planning, Analysis & Strategy, 2nd Edition and Trial Advocacy: Assignments & Case Files as well as accompanying movies on DVDs and CDs.

TRIAL ADVOCACY: ASSIGNMENTS AND CASE FILES BOOK

Aspen Publications Releases New Book

Aspen Publications has released the new Trial Advocacy: Assignments and Case Files by Berger, Mitchell and Clark. The publisher would like to send you an examination copy of this Assignments book with the Case Files on a CD and a Teacher’s Manual if you may adopt it for your law school trial advocacy class or for a trial advocacy training course for practicing lawyers. The book and CD have received excellent reviews as a valuable resources for teaching trial advocacy skills.

If you wish to receive an examination copy of the book and teaching manual (at no cost to you of course), you can e-mail me with your mailing address at ronhclark@gmail.com and I’ll get the books to you or you can contact Aspen directly using the contact information below.


Assignments and Case Files is used as supplementary material with either the completely revised Trial Advocacy: Planning Analysis & Strategy, 2nd Ed. (which you may also request to examine if you have not yet adopted it) or with other trial advocacy texts. Assignments and Case Files is affordably priced for students at $24.95.

THE ASSIGNMENTS BOOK
· A criminal homicide case and a civil wrongful death case arising out of a shooting in a tavern on a Saturday night
· 84 role-play assignments from jury selection through closing argument
· 36 witnesses featured in the assignments
· Expert witnesses, such as, a firearms examiner, doctors, economists, clinical psychologist, hospitality consultant, medical examiner
· Transcript for making and meeting objections assignment
· Checklists for trial performances from jury selection to closing

CD WITH CRIMINAL & CIVIL CASE FILES (PRINTABLE DOCUMENTS)
· Over 30 photographs, scene diagrams, legal documents (such as complaint and answer), documentary evidence (autopsy report, judgments and sentences, firearms application, insurance policies), news paper articles and more
· 36 witness statements and depositions
· Expert witness CVs and reports for firearms examiner, doctors, economists, clinical psychologist, hospitality consultant, medical examiner
· Transcript for the making and meeting objections assignment
· Courtroom Evidence Handbook for the assignments
· Statutes, administrative codes, pattern jury instructions, and research memoranda with case law for legal research assignments

TEACHER’S MANUAL WITH A CD
· Teacher’s Manual contains a syllabus, extensive teaching notes and critique sheets
· Actors' Guide on CD contains witness information and instructions for role-playing the assignments


Please visit http://www.aspenadvocacybooks.com/ where you can learn more about Assignments and Case Files, watch a trailer for a trial demonstration movie, get detailed information on the trial practice materials and find links, trial transcripts, sample pleadings and other valuable information for your students.

If you wish to receive examination copies of Trial Advocacy: Assignments and Case Files and the Teacher’s Manual, you can contact Aspen directly and:
Order Online at:
lawschool.aspenpublishers.com
examination copy:
Call: 1.800.950.5259
Fax: 1.800.915.3450
Email: legaledu@wolterskluwer.com