Trial Practice Skills

Trial and Error: Dos and Don'ts Directly from the Bench 

 
Thursday, September 19
2:10 – 3 p.m.
1.0 MCLE Hour

This program is back by popular demand. Always at the top of the ratings in post-meeting evaluations, the seats fill up fast, so get there early. In an age of fewer trials, lawyers do not have as many opportunities to gain hands-on courtroom experience. This program offers lawyers the unique chance to take part in a lively and free-flowing discussion with members of the trial bench from around the state, who share dos and don’ts and offer their own particular insights to help lawyers succeed when they appear in court.

Moderator: 
Hon. J. Miles Sweeney, Judicial ADR Group, Springfield

Presenters:
Hon. Glen A. Dietrich, 4th Judicial Circuit Court, Maryville
Hon. Deborah Daniels, 13th Judicial Circuit Court, Columbia
Hon. Gary M. Oxenhandler, 13th Judicial Circuit Court, Columbia
Hon. Jodie Capshaw Asel, 13th Judicial Circuit Court, Columbia
Hon. Daniel G. Pelikan, 11th Judicial Circuit Court, St. Charles
Hon. Marco A. Roldan, 16th Judicial Circuit Court, Independence


Winning Appeals: Insights of Appellate Judges


Thursday, September 19
3:10 – 4 p.m.
1.0 MCLE Hour

From drafting a compelling brief to the delivery of a persuasive oral argument, appellate practice may at times seem “mysterious,” especially for those who don’t regularly practice in the appellate courts. Like the trial judge panel program, attendees typically fill this session to capacity to hear a dynamic give-and-take and ask questions of Missouri appellate judges about what works and what hurts on appeal. Stake out your spot early.

Moderator: 
Erwin O. Switzer, III, Greensfelder, Hemker & Gale, P.C., St. Louis
 
Presenters:
Hon. Laura Denvir Stith, Supreme Court of Missouri, Jefferson City
Hon. Lawrence E. Mooney, Missouri Court of Appeals, Eastern District, St. Louis
Hon. Victor C. Howard, Missouri Court of Appeals, Western District, Kansas City
Hon. Mark D. Pfeiffer, Missouri Court of Appeals, Western District, Columbia
Hon. William W. Francis, Jr., Missouri Court of Appeals, Southern District, Springfield
Hon. Mary W. Sheffield, Missouri Court of Appeals, Southern District, Springfield
Hon. Angela Turner Quigless, Missouri Court of Appeals, Eastern District, St. Louis


Social Media and Legal Ethics


Thursday, September 19
4:10 – 5 p.m.
1.0 MCLE Hour, including 1.0 Ethics Hour 

This presentation examines how legal ethics rules translate into the world of social media, exploring technology, various social media platforms, and applicable Missouri rules and ABA model rules of ethics. To illustrate some possible risks in using social media – for some, a “Brave New World” – the presenters will provide recent, real-life examples of lawyers and their follies in this area.

Moderator: Prof. Charles D. Henson, University of Missouri School of Law, Columbia  

Presenters:
Margaret (Peggy) Landwehr, Office of Missouri Attorney General, Jefferson City
You-Jin Han, Office of Missouri Attorney General, Jefferson City 


Technology and Trial


Friday, September 20
8:30 – 9:20 a.m. 
1.0 MCLE Hour

Learn how technology can be utilized as a powerful advocacy tool. Technology has changed everything – including how people (jurors and even judges) prefer to receive and digest information. This presentation will cover creative and often inexpensive ways for you to utilize technology in the courtroom to win results for your clients. We will also discuss the opportunities and unique challenges that technology – especially video conferencing technology – present when implemented in a courtroom setting. Learn how to prepare for these special challenges (how to introduce exhibits, how to maintain confidentiality when your client is not at the courthouse, etc.) and also to identify opportunities to use video conference technology to advocate for your client (or even to lower the costs of litigation for your client). Using anecdotes from successes and disasters using technology in the courtroom, Judge Deborah Daniels – who will appear via video conference technology from the Boone County Courthouse – will lead a discussion by in-person panelists C.J. Dykhouse and Jennifer Bukowsky.

Presenters:
Jennifer K. Bukowsky, The Bukowsky Law Firm, Columbia
Hon. Deborah Daniels13th Judicial Circuit Court, Columbia
C.J. Dykhouse, Jr., Boone County Counselor, Columbia


Tips From Good Lawyers on How You Can Negotiate Effectively


Friday, September 20
9:30 – 10:20 a.m.
 
1.0 MCLE Hour

Based on interviews with more than 50 good lawyers in Missouri and across the country, this program will highlight techniques that these lawyers regularly use to negotiate effectively in litigation. Some of the interviews were used in the presenter’s book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, which was published by the ABA. This program will discuss how lawyers should plan for negotiation as part of their litigation strategy and choose a negotiation approach that is most likely to be successful. 

Presenter:
Prof. John Lande, University of Missouri School of Law, Columbia