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.

October 2014 Executive Director’s Letter: NITA Talent – Our Faculty Are Honored In Their Fields

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Lockwood_KarenProud of our faculty’s talents, in teaching as well as in the law, I share with you these accolades for members of NITA’s Faculty. Our faculty are leaders. They are thinkers. They are restless – the world should be better! They walk the talk – they work to extend knowledge and advocate for real justice. They pass it on – they teach NITA, making others into more skilled trial lawyers. They achieve – honors, results, justice. These folks exemplify NITA – we are true-blue through and through.

  • Pamela Bresnahan (NITA Board member, Chair Nominating Committee, faculty member). Pam was elected to the ABA Board of Governors to serve as an At Large Member for a three year term beginning in August 2014. The Board of Governors is the body that decides ABA policy and governs when the House of Delegates is not in session. Pam has served on top leadership committees and commissions of the ABA for years, and is a Fellow of the American College of Trial Lawyers. She is a partner at Vorys, Sater, Seymour and Pease LLP in Washington, DC. Read More
  • Thomas F. Geraghty (NITA Board member, Chair Publications Committee, faculty member). Tom received the 2013 Lifetime Achievement Award from the Illinois Association of Criminal Defense Lawyers. The award honors Tom for his professional accomplishments and dedication to justice. Tom is associate dean for clinical education and director of the Bluhm Legal Clinic. He has been a member of the Northwestern Law community – and of NITA — for more than 40 years. Read More
  • Michael A. Kelly (NITA Board member, past Program Director Teacher Training). Mike was selected as Trial Lawyer of the Year by CAL-ABOTA, the American Board of Trial Advocates’ award honoring California lawyers. The award requirements are for the person to be an excellent advocate, have a distinguished career, have a superb reputation of civility, ethics and fair play, and have one or more outstanding trial results. Read More
  • Louise A. LaMothe (Emeritus Trustee, NITA Board, Past Chair, frequent faculty member). Louise is now Judge LaMothe, installed as United States Magistrate Judge for the Central District of California (Santa Barbara Division). She is past Chair, ABA Section of Litigation, served twice as a 9th Circuit Judicial Conference representative, and in other leadership roles. She is a Fellow and Board member of the College of Commercial Arbitrators, and a Fellow of the Chartered Institute of Arbitrators. She practiced at Irell & Manella, LLP, and is distinguished as the first woman partner at Bird Marella. Read More
  • Marcia Levy (Program Director of NITA’s New York Deposition Program, public service and custom programs). On November 10, 2014, Marcia will become only the second Executive Director of Pro Bono Partnership. Founded in 1997, Pro Bono Partnership provides business and transactional legal services to nonprofit organizations serving the disadvantaged or enhancing the quality of life in neighborhoods in New York tri-state area, with affiliates in Atlanta and Cincinnati. Ms. Levy currently is Professor at Cardozo School of Law, and previously practiced with Sullivan & Cromwell. Read More
  • Leo M. Romero (NITA Board member & Past Chair; fmr Program Director NITA Southwest Deposition Skills). Leo is the 2014 Spirit of Excellence Award Honoree, bestowed by the ABA Commission on Racial and Ethnic Diversity in the Profession annually to a very select group of law leaders who lead in diversity as well. His address underscores the importance of UNM, and of Leo’s work from law school forward, to elevating the numbers and impact of diverse members of the bar. Read More
  • Leo is a “two-fer” this year. Past Dean of the University of New Mexico Law School, the law school also honored him at a soiree naming a major new classroom, the ”Leo M. Romero Classroom.” Read More
  • Andrew Schepard (Program Director, custom programs; NITA Author). A Professor at Hofstra University Law School, Andy was honored when Hofstra bestowed the title of Max Schmertz Distinguished Professor of Law. Andrew Schepard is a 1972 graduate of Harvard Law School, where he served as articles editor of the Harvard Law Review, and served as a law clerk to then-Chief Judge James L. Oakes of the U.S. Court of Appeals for the Second Circuit. Read More

(NITA faculty, please send us other honors and awards you know of – we would like to congratulate you and your colleagues too.)

By gathering these examples of our faculty’s leadership, I ask that you extend NITA’s outstretched hand to others with such top legal talent, inviting them into the NITA community across the nation. Our community grows through lawyers who care. It is an act of friendship to turn to a most talented colleague and say, “You would be great at teaching too. NITA is the one.”

Then call me.

NITA teaching. Recognition as a leader. The two go hand in hand.

Karen_ShortSig

 

 

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

September 2014 Executive Director’s Letter: Speaking of Bias in the Courtroom . . .

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Lockwood_KarenImplicit bias – the silent judgment-maker that we are not aware of in a jury, our courtroom, our witnesses, our judge, our selves.

On August 19, 2014, I presented a free NITA Webinar on how important it is for a trial lawyer to understand implicit bias. And to learn to recognize where it might lurk.

On November 7, 2014, NITA is presenting a full 90-minute CLE on this important subject, dealing directly with the question, “what does a lawyer do about implicit bias in the courtroom?” Join us at the Annual Convention of NAPABA – the National Asian Pacific American Bar Association. (NAPABA members, sign up now here.)

Why? This is a subject that, like NITA’s mission itself, directly affects the quality of justice. It affects “both sides of the courtroom.” To be clear, I am not talking about lawyers who litigate discrimination cases. I am talking about all of us – no matter the side, the practice, the claim, or the faith that we ourselves are unbiased.

Lawyers who seek a deep understanding of implicit bias will better represent their client, better handle the sometimes messy give-and-take of witness examination and credibility, and have a better shot at justice. Here is why:

  • Many of us are sure that we do not discriminate, we are fair. Good; so far as our behavior is concerned that is essential.
  • Some of us, further, are savvy to our own implicit biases. Those lawyers develop “stops” to check their judgments, decisions, and behavior in order to negate their biases. They are more ready for the courtroom.
  • Not a single one of us can erase the implicit biases we now own. They are our bear, looming behind us, making judgments for us that we are unaware of. (Some are good biases—embedded in the fight or flight center of our brains.) Many are destructive biases, changing perceptions, shortchanging objective judgment, instilling fear.

Since every human brain on earth relies on it to act quickly and “intuitively,” it follows that implicit bias joins all the players in the courtroom. Those of us who seek justice through advocacy are dealing with implicit bias throughout every witness examination, for example. Is the witness expressing a judgment, or recalling “events” changed by an unconscious reaction rooted in bias at the time of the event? Is implicit bias active in the discourse or conduct of counsel?

More to the point: a woman advocate wonders what underlies the behaviors and judgments directed her way. An African-American advocate in a North American courtroom sees some typical signs of bias and wonders how to deal with them. A witness is apparently confused by a racially biased perception, and the cross-examiner wonders whether to tread into the area, and how.

Of course, implicit bias is a topic much broader than “grouping” stereotypes: broader than gender, race, LGBT individuality, profession of religion, ethnicity, etc. But these visible and invisible differences among groupings of people are rife with stereotypes that predictably harm justice.

Reading more always raises our own awareness. And thus earns us some savvy thinking time as we consider ways to defuse negative implicit bias in the courtroom. You can start here: the first starts slow, using study testing implicit biases other than “grouping” stereotypes.

Impartial experts (expert conclusions on propensity for repeat offenses of sexual violence varied with whether prosecution or defense retained the expert )

DecisionQuest summary for ABA (implicit bias issues in jurors, counsel, judges).

Kang et. al article at UCLA (team of academics, scientists, researchers & federal judge seek ansers: “what if anything should we do about implicit bias in the courtroom”);

NITA free Webinar introducing the subject for trial lawyers (implicit bias in courtroom, “what and why / see it and address it”)

NAPABA Convention, Convergence of Bias and Reason on November 7, 2014 from 9:15am - 10:30am

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

NITA Congratulates The 2014 NAPABA “BU40″ Awardees

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Every year the National Asian Pacific American Bar Association (NAPABA) selects a small group of attorneys to receive the Best Lawyers Under 40 Award (“BU40”). The BU40 Awards recognize talented individuals in the Asian Pacific American (APA) legal community under the age of 40 who have achieved prominence and distinction in their respective fields while demonstrating a strong commitment to the community at relatively early stages in their careers.

NITA congratulates the 21 “BU40″ for 2014. The 2014 class continues the BU40 legacy of excellence and leadership in both the legal and APA communities. Their accomplishments include: founding their own law firms, trying and winning major cases, representing Fortune 100 companies, combatting human trafficking, and advocating to protect the civil rights of APAs.

NITA, for NAPABA members, is presenting a session entitled “Convergence of Bias and Reason: How Not to Ignore Implicit Bias in the Courtroom” at the 2014 NAPABA Convention in Scottsdale (sign-up for the Friday, Novemer 7th 9:15 am session). We hope then to congratulate these 21 Awardees in person:

  • Angela F. Chan, Asian American Advancing Justice – Asian Law Caucus
  • Jennifer Chang, American Civil Liberties Union
  • Samuel Go, Office of Immigration Litigation, U.S. Department of Justice
  • Chris Hope, Cassels Brock & Blackwell LLP
  • Teddy Kapur, Pachulski Stang Ziehl & Jones
  • Miriam Kim, Munger, Tolles & Olson
  • Jannie Lau, InterDigital, Inc.
  • Rachel Lee, EMC Corporation
  • Adeel Mangi, Patterson Belknap Webb & Tyler LLP
  • Vasu Muthyala, O’Melveny & Myers LLP
  • Erica Smith-Klocek, Morgan, Lewis & Bockius LLP
  • Kalpana Srinivasan, Susman Godfrey
  • Ivy Suriyopas, Asian American Legal Defense and Education Fund
  • Erica J. Suter, Law Offices of Erica J. Suter, LLC
  • Quyen Ta, Keker & Van Nest LLP
  • Angelina Tsu, Zions Bancorporation
  • Krishna Veeraraghavan, Sullivan & Cromwell: Technology Finance and Mergers & Acquisition Group
  • Bryan Wong, Hamre, Schumann, Mueller & Larson, P.C.
  • Michele Wong, Microsoft Corporation
  • Gregory Wu, Shook, Hardy & Bacon LLP
  • Dawn Yamane Hewett, Arnold & Porter LLP

See you in Scottsdale November 7 for NAPABA!

Jim Carrigan Memorial Service Notice

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Please join family and friends of Jim Carrigan for a memorial service in celebration of his life next week at CU Law School.  Below are the details with date, location and times.  Friends in the NITA community that live afar, please keep Jim’s loved ones in your thoughts.

Jim Carrigan Memorial Service
August 28, 2014
Wolf Law Building
2450 Kittredge Loop Road
Boulder, CO 80309

Time: 5:30 p.m. – 6:30 p.m.
Event: Public Memorial Service
Location: Wittemyer Courtroom

Time: 6:30 p.m.
Event: Private Memorial Reception
Location: Second Floor Cafe

Please RSVP at the CU LAW Link – www.colorado.edu/law/carrigan
See earlier post below for the full tribute to Jim Carrigan.

A Tribute to Jim Carrigan

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jimCarriganIf you ever had the chance to meet Jim Carrigan, consider yourself lucky to have been in the presence of such a humble, respected, kind, and educated man.  Jim was described as a remarkable human in all aspects of his life.  One of our founding friends and brilliant lawyer, judge, and leader, Jim Carrigan passed away at his Boulder home Friday afternoon.  Although the last years were difficult given his health, such a loss jars no matter how much anticipated.

His beloved wife Bev, family, and loved ones gathered in his remembrance over the weekend.  Those who gathered were sad to lose him and joyful to speak of his brilliance, humanity, compassion, humility, and faith. Beyond that, and uniquely Carrigan—at the funeral and in conversation—the thoughts honored his insight into justice, what justice requires, and how much injustice exists that is to be addressed and reversed.

Throughout his work in private practice, being a law professor, and becoming a U.S. district court judge, his professional accomplishments are highly known and respected.  He paired this with his love for education, love for Colorado, and most especially love for his family to leave a lasting mark on people’s lives and on the legal community.  We will have more to offer in memory of Jim, his force, and insights that NITA can draw from the examples and lessons he provided.  To carry his virtues forward is our task.

A continued posting will contain further details about contributing in his remembrance and shared thoughts from the NITA community about Judge Carrigan’s influence and impact.

For a more in-depth look at the celebration of his wonderful life, read further in the article from the Daily Camera and a detailed obituary.  A public memorial service will be held at the University of Colorado Wolf Law Building at a date and time to be determined.

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 Goal is 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.
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