The Legal Advocate

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Category Archives: Uncategorized

Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family Second Edition

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NITA’s publication, Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family Second Edition by Marvin Ventrell and Patrick Furman, teaches readers how to present the story of the family from the unique and powerful perspective of each litigant. Each trial skill is treated as a mechanism of persuasion.

In this second edition, Ventrell and Furman expand the nine essential trial skills of the first edition and have added a new chapter on The Child Witness. This book prepares the lawyer for children, parents, and state agencies to go to court.

Retail Price: $60

Available in Print, Epub, or Mobi

The Global Legal Post Series by Reuben Guttman – Part Two

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For the month of August, NITA is featuring articles written by NITA  Faculty Reuben A. Guttman. Guttman is a founding member of Guttman, Buschner & Brooks PLLC. His practice involves complex litigation and class actions. He has been recognized as a Washingtonian Top Lawyer by Washingtonian Magazine. Likewise, the International Business Times has called Mr. Guttman “one of the world’s most prominent whistleblower attorneys.” He has taught at NITA public programs since 2008,  most recently, NITA’s Deposition Skills: Seattle program, August 2-4.

NITA’s series of articles by Guttman are featured on The Global Legal Post. The second article, “The Art of Advocacy” tells readers how two Supreme Court decisions changed the standard by which judges evaluated lawsuits to determine their sufficiency to withstand a motion to dismiss. Furthermore, the notion that litigants are instructed to make their cases based on facts and not conclusions begs the question to lawyers: what is a fact and what is a conclusion? To read the full article please click here. 

Arkansas CIP/NITA Public Service Program

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The National Institute for Trial Advocacy (NITA) joined forces with Arkansas Administrative Office of the Courts this year for a public service trial skills program. The program occurred June 14-16 and was held in Little Rock, Arkansas. This three-day intensive training of 46 public service attorneys was led by Program Director, Michael Johnson, who has taught over 100 NITA programs – custom, public, and public service.

This was the second year in a row NITA has worked with The Arkansas Administrative Offices of the Courts in order to put on a public service trial skills program for the advocates. Johnson served as Program Director both years and has had a great experience. “Over the one and a half years that we have worked with the advocates in Arkansas who toil in dependency/neglect proceedings, we have provided training for, and, hopefully enhanced the advocacy skills of more than 140 attorneys. The work these advocates undertake regarding children and families is so fundamentally critical to society. I cannot put it any better than one of the world’s truly inspirational leaders said it: “There can be no keener revelation of a society’s soul than the way in which it treats its children.” Nelson Mandela, Former President of South Africa. It is very rewarding as an advocacy teacher to work with these dedicated professionals.”

In true NITA fashion – each skill was presented in a “learning-by-doing” methodology where participants were able to learn the skill, practice, and receive immediate feedback/critique. One participant stated, “This was the best and most practical CLE I’ve ever participated in. I had not had training in anything that was covered at the NITA training and it was all very valuable information.”

June 2017 Executive Director’s Letter: Now You Know Us All . . . NITA “Central” Loves Working For You

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From January through April, I featured one staff department in each monthly post. This month rounds out those features. – and then draws back to see the assembled staff, putting grateful and humble words on the remarkable engine that these individuals become as we work together for you.

The NITA people featured this month are the ones who support all of the others you have met to date. The Business Services and Administration groups support every person in Programs, Publications, Sales & Marketing, and Finance. We also feature Claire Tompkins, who arrived after we featured her group in January.

There’s that pesky word, “Administration.” Don’t be fooled. These two groups are coaches, advocates, and communicators who contribute to the tone for our staff’s tremendous spirit of collaboration and quality. Said another way, these folks will make copies, answer a quick question, jump up to help with the sound system, or entertain and calm concerns, for all of our staff members and faculty. They lead by intelligence and strategic insight. They also lead with humility by modeling teamwork in their own behaviors. I salute these folks for all three of those reasons. Thanks to them and to all the staff, we remain focused on our corporate goals at the same time that our work is distributed among us. Everyone can lead; good ideas arise from every quarter; and we have each other’s backs — all regardless of rank.

This makes NITA “Central” a strong center of gravity for NITA’s nationwide teaching, bespoke published and broadcast content, and spontaneous creativity. You do it; we give you tools and back you up.
Please meet them below, in their own words.

Anna Gallegos

Business Support
Business support can be described as a jack of all trades. Being the first face people see at our headquarters, as well as the first voice they hear over the phone, I am able to subconsciously adapt to the subject, and thus I represent NITA on many different levels.

NITA is always growing and adapting to new technology, so it’s exciting to see how our methods drawn from or founders still mesh with new ideas. I love being able to connect with lawyers and to see firsthand how our programs make a difference in so many lives.  

Wendy McCormack

Associate Executive Director, Operations
I keep the trains moving, operationally on a day-to-day basis and also strategically look at short-term and long-term goals and objectives of the organization. We have a well-oiled machine. Of course we still have hiccups. I’m here to brainstorm and help problem-solve issues, create and implement ideas to be efficient and effective, and inspire our staff to push beyond what they think we are capable of. I’m a big promoter of taking risks and learning from them.

Advocacy! Helping lawyers become better advocates helps create better systems. Seeing our attendees grow in confidence over the course of program is phenomenal. Watching our staff raise the bar all the time with quality and innovation is fulfilling. The relationships and collaboration in our community are what makes us family. I enjoyed my interview on these values of NITA for “Asked and Answered”. I hope you will read it!

Vanessa Munzert

Lead Business Support
My focus at NITA is customer service, specifically internal customer service. In short, I help make it easier for the staff to do their work. I ensure NITA’s business and workflow needs are translated to our outside web and database designers so that we can develop useful tools. I spend most of my time developing and testing these tools, creating efficiencies within our systems and training and assisting staff. I also oversee our external customer service efforts and policies.

NITA’s exemplary staff and dedicated faculty collaborate to achieve NITA’s mission to promote justice through the highest quality training and materials. I love my job because I get to find ways for NITA to be better, faster and more efficient as we strive to achieve our goals. Our future lies in our ability to stay agile and sustain growth while remaining loyal to our mission and community.

Gary Pope

HR Manager
I see three distinct facets to my work with NITA.
1) Strategic Partner: Aligning HR business objectives with the overall NITA mission and the strategic business plan.
2) Employee Advocate: Building employee ownership of the organization by fostering organizational culture and climate.
3) Change Champion: Emphasizing the NITA mission, vision, core values, goals, and action plans.

I believe in NITA’s mission and what we do to help the adversarial system work better so that ultimately, justice is served. I get enormous satisfaction by helping to attract, retain, and develop our employees into great “owners” and leaders.

Mike Sisk,

Director, Business Services
As Director of Business Services, I oversee our IT, Customer Service, Office and the NITA Education Center.  I pride myself on being a hands-on working manager, giving our faculty and staff all the tools they need to do their jobs efficiently and effectively.

I see NITA in a period of transition related to incorporating technology, and inserting on-demand Studio 71 lectures/demos into our programs to supplement the invaluable live presentations. It involves using courtroom presentation technology to give our participants all the tools necessary to tell the full story of their cases and provide the most effective learning environment. I also see NITA continuing to evolve with smaller specialized programming either by location or specialty.  In addition, now and extending into in the future, I see world-class faculty that mentor our participants into great, competent, skilled advocates for their clients and organizations. I see NITA evolve as publisher from printed textbooks/case files to E-publications and on-demand printing. Knowing that I help facilitate this on a daily basis and am involved in the evolution of our brand and product is an honor.

Claire Tompkins,

Program Administrative Assistant
My role is to help the Program Specialists with whatever they might need so that their programs run smoothly. My specialties are applying for Continuing Legal Education and doing the post-program CLE processing, drafting emails for the faculty and participants, and deciphering the faculty members’ reimbursements. The Programs Department is a tight-knit group and I love being a part of a team where we work hard but can also be friends.

I started at NITA just about 4 months ago and I knew from the moment I interviewed I was going to love it here. I asked the NITA staff who interviewed me what they liked best about working here and they all said essentially the same thing, “it’s a great place because everyone cares about what we do and with that common goal we work as a cohesive team.” It is fantastic to be part of a non-profit where people get excited about what we are doing and what we could do in the future. I think we will keep creating interesting programs in new places with new topics to engage attorneys across the country. By increasing our participants we will be able to offer more public service programs and provide Continuing Legal Education to attorneys who may not be able to afford it otherwise.

In one breath, this post extends my deepest thanks to every single member of our staff — each important, each valued. Valued by each other, and valued by our NITA network. Thank you..

Please lift your phone and say hello to our folks. You and they together make NITA what we are as we gaze together, forward, into our next 50 years.

Karen_ShortSig

 

 

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

Some Thoughts About Courtroom Technology

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Written by guest blogger Judge McGahey

I’ve been invited to share some thoughts about the use of courtroom technology. Let me start with a caveat: I didn’t use much of what is now considered “courtroom technology” when I was in practice, primarily because much of it didn’t exist. But I’ve watched a lot of trials as a judge, and I’ve seen courtroom technology used effectively or misused disastrously; I think that gives me some perspective that could be helpful. Put another way, from the technical side, I have no idea how courtroom technology “works.” But from the advocacy side, I absolutely have some ideas on how it “works.”

Question #1: Can You Make It Work? – Do you understand anything about how the technology operates? Do you know how to make the technology work in the courtroom? Have you investigated which of the multitude of presentation programs is most compatible with your practice? Have you looked into which program is easiest for you, as an individual, to actually use? Can you push the right switch, button, toggle, clicker, whatever, to actually make the exhibit appear where you want it to appear? Would you be better off with someone else in charge of the pushing? And even if you’ve answered these questions, have you actually practiced with the technology so that your use of it is seamless and smooth?

Question #2: Will It Work (In the Courtroom)? – You’ve picked your program and know what button to push. But now you need to figure out whether what you want to do will work in the courtroom where you need it to work. Every courtroom has its own peculiarities. Here in Denver, I preside in a courtroom located in an historic building that was built in 1932. But the acoustics are poor, the sound system is quirky, the sight lines aren’t great and the electrical wiring is old and slapdash. Heck, it’s hard just to find a wall socket that’s easy to access. If you’re going to use technology in my courtroom, you better set it up and make sure that it works, that everyone can hear what’s being said (if you have sound), and that the jurors (or the judge) can clearly see what’s on display. We’ll let you or your tech folks come over to the courtroom ahead of time and set up before trial starts; I don’t know a judge who won’t accommodate a request like this, if at all possible. And please remember to bring along what you need to make your setup function; I’ve had trials held up because someone didn’t have a long enough extensions cord or extra batteries.

Question #3: Does It Work (As Part of Your Case) – All of your best intentions about courtroom technology are pointless unless what you do with it makes your case more credible. A flashy or clever exhibit still has to have impact as an instrument of persuasion; it can’t just be an exercise in nifty graphics. I’ve seen lawyers do really clever and creative things using technology that left the jurors cold. I’ve also seen simple, black and white power point slides used in a closing argument to convince jurors to award a plaintiff more than the lawyer asked for, or to help convict someone of first-degree murder. Think hard about the most effective way to present your case. Are any of your exhibits dodgy so that the judge might not let them in? Does the judge expect you to show your presentation to opposing counsel before you use it? Will your jury be tech savvy or inclined to skepticism about a case using technology? Does your presentation match up with what you’re asking the jury to do? Does the technology overwhelm your argument? Does what you present reflect your client’s case or your ego?

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I realize that what I’ve written is very basic. But even experienced lawyers get distracted by shiny objects like really neat presentation software and then forget about the basics that make a courtroom presentation successful. Never forget that your goal as a trial lawyer is a successful outcome for your client, not just impressing a jury with technical wizardry.
I’ll see you in court.

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.
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