The Legal Advocate

A blog brought to you by the national institute for trial advocacy

All posts by Karen M. Lockwood

About Karen M. Lockwood

Karen is the Executive Director at the National Institute for Trial Advocacy. Karen brings the insights and creativity rooted in serving corporate and business clients, first-chairing numerous jury and bench trials, and arguing appeals. Her specialty areas have included construction litigation, large disaster cases, multi-party commercial disputes involving all types of contracts, antitrust, trademark and copyright, and ADR.

August 2017 Executive Director’s Letter: Speaking of Women . . .

Posted On By

Lockwood_KarenThis is a letter of fact, history, and call-to-action.

We have spoken of women before . . .

In 2005-06, I served as President of the Women’s Bar Association of DC, the oldest continuous women’s bar in the US. We courageously led an “Initiative” on women in the law. The title was carefully chosen to achieve our goal, and it connotes volumes:

  • Men are a critical part of the will to act to advance women in the law.
  • Talk alone is not productive, but discourse is a precondition to the will to act.
  • The Profession must commit to take the initiative if we are to change.
  • Competition to achieve agreed goals keeps men and women lawyers alike focused on the task.
  • Good will between advocates and doubters is essential to the discourse required to attack the factors at play – social “norms,” bias that ignores and sustains “norms,” stereotypes that disclose biases, blindness to factors at play, lazy thinking, unexamined business practices, and – ultimately — business systems and structures that perpetuate all of this in the profession.

The entire DC legal community stepped up to the Initiative – 220 men and women – from all sectors of practice. We got them to exchange problems and diagnose causes over 16 hours of structured dialogue. We took it in stages — reducing ignorance, talking frankly, examining current measures to advance women, and admitting that those measures are not enough. Inclusive community discussions would be of even greater value today than in 2005.

Then we wrote up a host of measures to improve the advancement and retention of women in the law. What we wrote was what the DC legal community discerned, deplored, and developed in those 16 hours. You should read it. WBA-DC Initiative Report 2006. (See also WBA-DC reports 2007-10.) What was left is the doing.

I then placed with the New York Times – with great luck and the wonderful journalist Tim O’Brien – the framework for what became the Times’ extensive Sunday Lead Feature article on this subject – page one, above the centerfold. Up The Down Staircase (NYT Mar 19, 2006). I referred him to key leaders to interview, he found more, and the Times sent photographers around to shoot us on location. It was a big thing. It was important. And Tim O’Brien got it right.

Tim asked me this important question during the series of calls we had (to paraphrase): “So the profession of law, charged with doing justice and upholding the laws against discrimination, is discriminating? ” My answer: “No. Law firms are way beyond discrimination — this is about advancement and retention. Problems with advancement and retention are grounded in biases, not discrimination.” This is bigger, squishier, and harder to attack. This is about changing how the profession grows and matures its future leaders – how it gains the will to keep the 50% of law grads who are women, a population bleeding out the talent base when they quit. And of course the obstacles are compounded for women of color and others who don’t seem to look like the classic male U.S. lawyer of the past.

I set my alarm for 5 am that Sunday to hit the drug store for my copy of the Sunday Times. We had set a path forward for open dialogue and productive change – and the nation knew now.

We are repeating ourselves still . . .

Eleven years later, are we still arguing about this?

NITA takes action through even-handed coaching of every lawyer who wishes to improve trial skills. We routinely have many women along with men in our trial advocacy sessions. We see no distinction between the genders in the trial skills they bring with them, or the great gains they make with us. They exhibit ambitious, use drive, and blossom under the individual attention and coaching at NITA.

But courtrooms remain skewed. In the August 8 New York Times Op-Ed piece, Females Can Talk, Too, recently retired Judge Shira K. Scheindlin (SDNY) related a courtroom scene, still so common, of a lead trial lawyer (most often male) turning to his co-counsel (a woman lawyer) to learn how to answer the judge’s question. She knows the case and its nuances. The Judge’s judicial group recently tallied how many New York courtroom appearances in a 4-month period featured women as the primary speaker in open court. In the 2800 court appearances noted, only 20% of those for cases between private parties featured women lawyers. Among all the cases (thus including public sector and public interest practices), only 25% were led by women. See also this Law360 follow-up article.

The readers’ comments to Judge Scheindlin’s piece included many reflecting a rush to judgment – even intemperate — with facile “values”-based assertions. Among others, those that attack the talent and capabilities of women as a gender to practice trial law are wrong, as I have said above. Those that ponder the societal pressures on family raise a real issue that our DC Initiative pondered too; and yet the balance between satisfaction at one’s career weighed against the satisfaction at having singular childcare responsibilities is often unfairly skewed because of negative stereotypes and forestalled opportunities at work. See The Difference Difference Makes (Deborah L. Rhode for the ABA 2003). There is no reason why females as opposed to males should be predominantly downsizing their career ambition – including women trial lawyers.

The call to action . . .

Let’s stop doubting . We have lot of work already written on diversity in the law and women’s advancement. I have cited just some of the older articles in this post in order to make that point – this is not new knowledge.

Let’s stop attacking the messengers. Learn, share, integrate it into your reality, pass it on, and continuously pursue new better ways.

In offices and bar groups around the country, take up the problem of how the profession represses our promise, capacity, reach and influence by losing diverse talent.

Recognize that this will take time and real work. Our efforts must not cease if numbers don’t seem to change in a New York minute (or to modernize it, in an Online essay). Rather, we must work together to discern the implicit bias, resist its influence, and uproot its patterns, firm-by-firm.

Everyone likes a list; here is my start —

  • Stereotypes are relatively easy to list out. Make lists with your practice colleagues.
  • Implicit biases underlie those stereotypes. Fereet them out through discussion with your practice colleagues; list them.
  • Jealously attack the business systems and accidental processes in your law office – all of them. They threaten to rob you of your best intentions.
  • Talk about this individually to every one of the lawyers you work with. Talk objectively and listen sharply, regardless of your secret impression of them.
  • Decide what initiative to take this year.
  • Measure and report – to all of the lawyers in your office.
  • Decide what initiative to take next year.
  • Ditto.
  • Keep it up. (Embedding change to conquer bias takes time.)
  • Get your corporate client’s help. Ask for it.

If you have trouble imagining initiatives, let me know. For example, put women in court no matter how much you yearn to stand up yourself. Be there with her – so she too has someone to consult during her argument and to pull her documents. So she can emerge proud that she did well AND that you saw her do so!

While you are taking that course of action —

  • Google past articles and sources on implicit bias, women in the law, and racial and ethnic diversity in the law. Look in journals like Harvard Business Review, and bar association reports. Buy the numerous superb concise books written by the women lawyers who consult in this field. Our armed services are quite good at this, and they share through the internet. Seek out the theory and the research; go deeper than the popular literature.
  • Read it all.
  • Demand open and critical thinking of yourself.
  • Discuss, opening dialogue in your office, your city, and beyond.

Your implicit biases are your own personal set, and you won’t ever be rid of them. But you can learn to recognize the “bias moments” that seem to cue a harmful bias in you. If you can see that, you can refuse to be sullied by it. I know; I work every day to find and counteract mine.

Tell me what you are doing. This is core to NITA’s mission to extend justice to all populations, through training of a profession across all sectors. By teaching the art of advocacy to every type of advocate.

Karen_ShortSig

 

 

Karen M. Lockwood, Esq.
President and Executive Director
National Institute for Trial Advocacy

July 2017 Executive Director’s Letter: Humanity, Lawyering, The Best Kinds of Wishes

Posted On By

Lockwood_KarenEven with all the judicial words carefully chosen and deeply scrutinized for their wisdom in written opinions, the flags marking the character of any lawyer or judge are the ones said outside crafted rulings and precedential cases. This is not a political statement – it is one of humanity.

Chief Justice John Roberts Jr.’s recent reflection illustrates the impact of this humanity. Each lawyer, whether or not the leading Justice in the land, sets the object and tone of true justice by the words and action expressed publicly. If those words are true as the North Star and delivered with some art, they will make a difference every day in your communities, offices, and courts.

Here, then, are the markings of the ideal advocates. This is the passage from Justice Roberts’ commencement speech to his son’s school of middle-years boys.

“From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice. I hope that you will suffer betrayal because that will teach you the importance of loyalty. Sorry to say, but I hope you will be lonely from time to time so that you don’t take friends for granted. I wish you bad luck, again, from time to time so that you will be conscious of the role of chance in life and understand that your success is not completely deserved and that the failure of others is not completely deserved either … I hope you’ll be ignored so you know the importance of listening to others, and I hope you will have just enough pain to learn compassion. Whether I wish these things or not, they’re going to happen. And whether you benefit from them or not will depend upon your ability to see the message in your misfortunes.” Chief Justice John Roberts, Jr., June 3, 2017.

I too hope for these blessings of adversity for every lawyer and would-be lawyer. I count on them in every NITA attendee, and honor the ability of lawyers to rise above personal hardship and to learn. I honor their dedication to remembering, long after they can claim “success,” that feeling of struggling.

Speaking of struggling, the residents across the nation who seek consistent safety, shelter, and the “luck” of a predictable life know more about compassion than most of us will ever learn. In The Legal Advocate’s recent blogposts, you have read about some of the public service programs NITA presents, with at significant investment of its own resources. We thrill to serve these advocates who push justice forward against many odds.

And so, you may ask, in my ED Letters introducing our staff (January-June 2017), why have I not mentioned the “public service staff.” Simple — “They are Us.” We all serve NITA’s public service mission alongside our regular programs to bring the best NITA program-learning to every advocate who wishes to enroll. A public service program is no different in its quality of learning. But it is an extra measure. We are proud. We thrill to offer it. And we are thankful every day that we can do so, thanks to you.

Have a reflective and inspiring summer’s pause!

Karen_ShortSig

 

 

Karen M. Lockwood, Esq.
President and Executive Director
National Institute for Trial Advocacy

March 2017 Executive Director’s Letter: Get To Know NITA’s Sales & Marketing Staff!

Posted On By

Each month this winter, my column features our NITA Staff members, in person and in their own words. In January you met our Programs folks, and in February, Publications. Today, please say “hello” to the Sales and Marketing pro’s, who make it easy for our participant lawyers and custom clients to arrange their NITA experience. With their insight into where the lawyers are who need NITA, they help us to reach far. They meet you with their sense of service. And the wholeness of the NITA Mission. Read on . . .

Kathy Behler

Online Marketing Specialist
I am responsible for NITA’s Digital Marketing initiatives. I help spread the word about NITA’s unique training methods in today’s online world.

NITA has always stood out with its learning-by-doing approach to trial advocacy training. I don’t see that changing. However, with new technology and strategies constantly emerging in the courtroom, you can bet you will see them in a NITA classroom as well.

Tom Hintz

Director of Client Relations and Manager – East
My job is to continually reinforce that NITA is the preferred skills development training solution for law firms, government agencies and individual attorneys. With empathy, I know and stay current with the challenges our potential clients face, and focus on solving any obstacles to enable them to work with NITA for their immediate and long-term benefit. We constantly seek new relationships with firms and agencies to help their attorneys learn and own great advocacy skills. In addition, we are working hard to bring greater awareness of the quality and affordability of NITA’s various training tools to more mid-sized and small firms.

Growing relationships with new clients as well as always bringing fresh ideas to our treasured existing relationships is the cornerstone for accomplishing NITA’s non-profit mission. I deeply enjoy both the discipline and curiosity that I use in bringing NITA’s mission and excellence to new clients. It is the part of the job that generates both the most frustration and the greatest personal reward.

Alli Keefe

Sales & Marketing/Programs Associate
My role in the Sales & Marketing Department has greatly developed over the past year and a half that I’ve been at NITA. Three very important tasks I continue to work on with my team include: developing content for our social media sites to promote NITA, assisting the Sales Team in lead generation, and working closely on the Public Service Programs to reach out and work with various organizations in the public interest realm.

The work I do at NITA is important to me because I believe by getting our name out there, and by always reaching out to organizations who may not know us, I can help NITA continue to grow. In growing, we train as many attorneys as possible, especially those in public interest who may not be able to afford training but desperately need it. I feel humbled to bring such a great tool for success to these people. I feel that because our marketing efforts expand each month, we grow each month, showing we are succeeding in our outreach.

Daniel McHugh

Director of Sales & Marketing
The best part about my role in the Sales & Marketing department is that I get to watch an amazing group of people defy one of the age-old business clichés: Every time you DO something new, you DON’T DO (or do less of) something else.” I say not so fast my friend. We pride ourselves on trying something new while keeping other items running smooth. When the new things work, great, let’s do more of it. When they don’t work, great, let’s figure out why and try something else.

I see NITA continuing to be more and more focused on public service each year. We’ve done great public service work for many years but the momentum we have gained in the past 2-3 years is phenomenal and this year looks to be no exception. I see that continuing to grow and in an effort to help that growth, I am going to let you get to the rest of NITA Notes so we can go sell some more programs. Enjoy!

Pam Morton

Client Relationship Manager – West
I have the pleasure of reaching out to faculty and clients in the western region to talk about the value of NITA programs. My goal is to ensure that the maximum number of attorneys can benefit from NITA training, via either custom or public programs.

As a former ski instructor and reading teacher, I know that learning by doing is the only way to transform any skill set. NITA’s faculty and methodology are unparalleled, and will continue to be relevant as long as there are attorneys who want to better represent their clients!

Zane Strand

Client Relationship Manager – Central
As a member of NITA’s sales and marketing front line I act as a seek-and-collaborate missile. I identify groups of people from firms, companies, organizations, and associations who use or should use NITA’s expertise, and collaborate with their leadership and decision makers. This constant building of relationships and learning their needs has me contacting and visiting people daily so they are aware of all the great things NITA does and has to offer.

The future of NITA from my eyes is sustainable growth in servicing our mission while leading the industry with the highest quality legal skills education available. This future will be supported by mutually beneficial partnerships and a never-ending quest to improve overall legal advocacy across this country and abroad.

Please say “thanks” the next time you talk to these Sales & Marketing team members. I am proud of them.

And thank YOU.

Go, NITA!

Karen_ShortSig

 

 

Karen M. Lockwood, Esq.
President and Executive Director
National Institute for Trial Advocacy

February 2017 Executive Director’s Letter: NITA’s Stellar Publications Department!

Posted On By

Last month I started a series of features on NITA’s staff. We introduce them by department. Publications is up this month – and boy are they up! Writers love to write. I hope you enjoy these greetings from the six peoples who handle all of our casefiles, treatises, special releases, and online offerings.

Marsi Buckmelter

Senior Legal Editor
I primarily work as an editor managing book projects, but also do a fair bit of writing (marketing copy, newsletters, NITA Foundation grant applications). That includes my weekly post on NITA’s blog, The Legal Advocate, which includes an interview series called Asked and Answered. In a completely different direction, though, I must say my favorite work week of the year is assisting my dear friends Michael Johnson and Joleen Youngers with on-site support at the Northwest Trial Skills Program in Seattle (which is where I live). The program is like a family reunion every year, and I find meaning as an editor to watch one of “my” NITA case files given life at a program when attendees blossom in their skills.

When you think of American democracy, the essence of it is the law. Whatever its flaws in execution may be, the theoretical foundation of the American judicial system is the envy of the free world and our Rule of Law a model for every emerging democracy on earth. The work that judges, and the trial lawyers who appear before them, do is the very deed of democracy in action, forming what I call “the thin black line” of civilization that separates us from chaos. Maybe I’m just a great big nerd or am overly verklempt, but I believe our work matters. The law is the most essential work of a democracy, and each tiny bit we do at NITA—whether we are a faculty member, author, trustee, or employee—inches us closer, one tender soul at a time, to a more perfect union.

Virginia Judd

Legal Editor
Like most of the Publications staff, I work remotely—I live in Cleveland, Ohio, where we will win the World Series this year! I work ¾ time for NITA and maintain a small consumer bankruptcy and family law practice. Client work keeps me in touch with the issues of attorneys, which in turn helps me to edit case files with a view toward realistic courtroom situations and practical outcomes.

This year, much of my work is focused on updating different states’ “Rules of Evidence with Objections” books. These handbooks provide quick reference for trial attorneys to the evidence issues. Whether they wish to make or respond to an objection, these books serve as guides. Because several states have made major changes to their evidence rules, it is essential that we update these books in order to provide optimal reference for our clients. That project is well underway.

Jennifer Schneider

Director of Publications Digital Content
As Director of Publishing and Digital Content, my job is to ensure the successful planning and implementation of both tactical and strategic goals for all of publications and online content, as well as to lead my team to innovate and execute.

I love working for an organization with strong ties to its core mission and history, which also embraces new ideas and technologies, all to ensure lawyers are the best possible advocates for their clients.

Eric Sorensen

Managing Editor
My first role in the Publications Department is to assure that NITA’s pubs are meeting the needs of its clients – including those in public and public service programs, custom programs, law schools, and individual practitioners. Part of this involves working with authors to develop useful, readable, attractive, and correct books and case files. Another part involves work with authors, PDs, and others to create varieties of tailored materials such as special and advanced printings or new concepts like the Law School Experiential Learning Packet. A second aspect of my job is to help the Director of Publications with administrative and research projects.

I see NITA as a vibrant community of like-minded individuals who work together in various ways to better the quality of lawyering. The value of this community is of course the skills development itself. But beyond that, the community’s dedication to improving the profession unites them; and the faculty’s lawyers model good lawyering and professionalism for those learning the skills. This will be my tenth year with NITA, and I have seen how NITA has adapted to, and met, the many challenges the legal profession has faced. NITA has adapted also to the rapidly and radically changing social and technological landscape. It remains at the forefront of integrating such innovations into its tried-and-true learn-by-doing method. NITA’s future is one that I am excited to be a part of.

Michelle Windsor

Publications Product Manager
As the Publications Product Manager I get to be involved with our products at many different stages. I see authors and content at the early stages, starting with the product proposal, then I follow them through the publishing process all the way to final publication. I provide access to NITA products through our licensing system, and additionally I consult with law school professors and firm training managers to help them find the products that will meet their needs.

The practical nature, along with the quality, of NITA products and programs is what has made NITA invaluable to attorneys and students. I know as NITA staff we are all committed to this invaluableness as we also work to provide material and training in new ways.

Charlie Woodcock

Media Specialist
I run NITA’s studio where we produce live webcasts plus educational and promotional content for all aspects of NITA’s mission. In addition, I manage NITA’s video library content and user experience, and create and edit new material to add to NITA’s ever growing library.

With over 45 years of setting the standard in legal education, NITA is currently reaching more attorneys than ever before, not only with its learning-by-doing in-person programs, but also in offering so many mediums to access top quality legal education. These include publications, an extensive video library, and streaming live presentations. In staying modern, but keeping roots firm in the quality experience; it’s an exciting time to be part of NITA’s mission.

Please say “thanks” the next time you talk to these Publications team members. I am proud of them.

And thank YOU.

Go, NITA!

Karen_ShortSig

 

 

Karen M. Lockwood, Esq.
President and Executive Director
National Institute for Trial Advocacy

January 2017 Executive Director’s Letter: Introducing our Professional Staff – Stellar Program Department!

Posted On By

Meet our staff members! While NITA is the faculty and author network that brings you learn-by-doing programs and materials, NITA’s professional staff in Boulder is the engine, director, and glue that makes it all possible. We coordinate, expand, envision, and deliver highest quality and efficient support of NITA’s mission. We direct our amazing network of lawyers, as they teach in the unique NITA way.

Over the next few months, I will be introducing you to NITA’s staff. This month, I bring you greetings from our Programs Department. As you work with them, you will admire their dedication – just hear what they have to say!

Alicia Branch

Program Specialist II
My eagerness to further NITA’s Mission engages my full support as I administer my programs, and “lend a hand” in the department’s other projects and goals.
I see NITA’s mission, creating the best advocates for our legal system, to be a constantly evolving goal. As we set the level of excellence in legal advocacy training, I draw great satisfaction from knowing that it means so much to so many people.

Mark Caldwell

Resource Director
Given my familiarity with program content, case files, materials, and other faculty resources, I consult with staff to help them support programs that succeed, and help support program directors.
NITA’s leadership in improving the quality of trial practice is unquestioned. Our philosophy of inclusion, regardless of the lawyer’s position in a case, means that NITA constantly strives to improve the quality of representation for all, including the underserved client base.

Katie Grosso

Senior Program Specialist
I contribute through pitching in on some of the more strategic aspects of our department, along with administering programs.
NITA for me is a job, a mission, and a vision. What makes it important personally is the big, awesome family; I value my NITA friendships inside and out, and enjoy seeing the program participants bond. As we face a changing market, it is our relationships and dedication to mission that carries us into the future.

Cindy Knaisch

Senior Program Specialist
In addition to running my programs, I support the team from my customer service and IT background, helping enhance the client experience as well as our staff’s efficiency.
I’m proud to work at NITA. We truly help empower attorneys to better serve clients, including the underserved. I picture my work as an integral part of that mission, as NITA continues to grow as the premier CLE provider in the legal profession.

Christine McHugh

Program Specialist I
I work to be a fun, awesome, sassy member of Programs, engaging with my team and my faculty, and working to create a well-oiled machine as we organize our programs.
I personally feel the most important role we have here is providing excellent customer service to our participants. It’s a pleasure coming to NITA each and every morning!

Michelle Rogness

Director of Programs
As the lead director of this amazing Program Department, I coordinate our goals and our work to provide consistently excellent programs for both public and private programs.
NITA provides chances for lawyers to get on their feet and learn. We have the teachers and the method to help advocates speak for others. We are aiming to provide relevant training for a changing playing field in all areas of advocacy.

Donielle Swires

Program Specialist I
I add to the group’s success by working to run each of my programs smoothly, and helping other specialists on the team.
NITA is a great opportunity for lawyers to build new skills and strengthen techniques they have used in the past. I feel NITA increases their comfort going into a courtroom. We at NITA expand into the future as we perfect what we do by working together.

As ED, I am proud of these Programs team members. Please say “thanks” the next time you talk to them!

And thank YOU.

Go, NITA!

Karen_ShortSig

 

 

Karen M. Lockwood, Esq.
President and Executive Director
National Institute for Trial Advocacy

NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goals are to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
Feature Products

Follow

Get every new post on this blog delivered to your Inbox.

Join other followers: