On Demand Audio

Ethics in Trial Advocacy

Produced on September 22, 2019

Taught by
$ 89 Ethics and Litigation In Stock
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Course Information

Time 75 minutes
Difficulty Beginner

Course Description

The courtroom creates many ethical questions and challenges. Zealously advocating for your clients without violating any ethical rules is a constant challenge. In this program, presented by seasoned litigator Moshe Horn, we will use several real life scenarios, and some examples from pop culture, to analyze the ethical choices and boundaries that trial lawyers commonly face. We will discuss the ethics of witness preparation, cross examination, comments in closing arguments, evidential challenges, jury selection, and more. Lastly, we will discuss some strategies to maximize tactical advantages in the courtroom while still staying within the boundaries of the ethical guidelines.


Learning Objectives:

  1. Identify the ethical choices that trial lawyers most often face
  2. Examine real-life scenarios to analyze how to ethically address many common challenges
  3. Explore how to address ethical questions related to the different states of trial advocacy including witness preparation, cross examination, jury selection, closing arguments, and more
  4. Maximize tactical advantages in the courtroom while remaining compliant with ethical guidelines


This course originally appeared as a part of our September 2019 Bridge the Gap event.  

Credit Information

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Faculty

Moshe Horn

Benjamin N. Cardozo School of Law

Moshe Horn has earned a national reputation as a trial lawyer as well as an insightful trial strategist, and is skilled in the nuances of jury research and selection in both civil and criminal matters. Moshe is a founding partner of the litigation boutique, Gitlin Horn, & Van De Kieft. specializing in all aspects of trial work. Moshe has tried over 100 jury trials and is one of the few lawyers to have tried criminal cases both as a prosecutor and a defense attorney , and civil cases both as plaintiffs attorney and a defense attorney. additionally moshe is one of the few lawyers who ah tried a class action case to verdict. this unique experience gives Moshe the ability to see a trial from every angle. Moshe has numerous 7 figure plaintiffs verdicts and has achieved superlawyers and best lawyers of New York status many times. Moshe has been an adjunct professor of law at Cardozo law school for 20 years and is a frequent lecturer on trial strategy for lawline, marino, and AAJ. Moshe is also a frequent lecturer to schools and parent groups on issues confronting todays teens and the legal and social issue that they confront.


After graduating Cardozo law school, Moshe spent a decade as an Assistant District Attorney (ADA) in the Manhattan District Attorney's office where he tried more than fifty jury trials to verdict, achieving one of the highest conviction rates in the Manhattan office. He achieved successful outcomes in cases of both violent and white collar crime, including homicides, sex crimes, kidnapping, money laundering and extortion. In addition, he served as a member of the Sex Crimes Unit and the Asian Gang Unit, as well as a domestic violence coordinator in his trial bureau, and his work resulted in numerous grand jury indictments, many of which required advanced wiretapping techniques and the use of undercover officers. He also regularly participated in the office trial advocacy training program and supervised many young lawyers in their development as litigators.

 Moshe transferred this vast trial knowledge into the practice of products liability and mass tort litigation at Kaye Scholer, a leading New York law firm, where he worked on products liability and commercial and white collar litigation matters. At Kaye Scholer Moshe served as a primary trial strategist, bearing active responsibility for the preparation and execution of numerous focus groups and mock trials, as well as the conception and development of advanced trial graphics and jury questionnaires. During his tenure there, Moshe served on the trial teams for numerous mass tort trials including pharmaceutical, asbestos and commercial trials.

To continue his focus on mass tort litigation, Moshe joined Seeger Weiss, and was a member of the trial team that achieved a $47.5 million verdict against Merck for a client's Vioxx related injuries. He contributes broadly to the firm's commercial litigation practice and handles private criminal and personal injury matters as well. He regularly interfaces with jury consultants and conducts mock jury exercises, and consequently can share his insight about juries with current clients.