Even the most experienced trial lawyers had to try their first case. Some of them had prior experience “second chairing” other trial lawyers. Others have not had that experience and need a basic guide to the way cases are tried.
The basic structure of trials is the same in all courts. Parties have the right to open and close, present witnesses and cross examine other parties’ witnesses. However, beyond the basics, there are differences from court to court and judge to judge. Trial counsel can only learn many of those differences through actual trial experience in different locations and before different judges.
The goal of this course is to make the new trial attorney aware of the practices and procedures that he or she will encounter after all pre trial discovery is complete and the case is actually ready for trial. Procedures vary from court to court in the way cases are assigned to judges for trial, the facilities that courts have available to assist an attorney in presenting evidence to the jury and the manner by which a record of the proceedings is made. The attorney must be aware of all the factors that go into a successful presentation.
Generally, the discussion addresses the manner of trying a case to a jury, but the presentation of the evidence in a bench trial is also considered.
I. Comprehend how a civil trial is conducted
II. Understand issues that concern jury selection, opening and closing statements, the differences in conducting direct and cross examinations and post trial motions
III. Avoid being completely surprised at anything that happens in the court room
This course originally appeared as a part of our February 2015 Bridge the Gap Event.
Prior to joining Osborn, in 2007, as of counsel, and to founding De Luca & Forster in 1993, Mr. De Luca served as an associate at Pantages, Sellar, Richardson & Stuart from 1978 – 1980, and was at Postner & Rubin from 1980 – 1993, where he was a partner for 8 years. Mr. De Luca represents contractors, owners, developers, designers, sureties, and insurers in all aspects of construction related litigation, arbitration, and mediation.
Mr. De Luca has tried numerous arbitrations, jury trials and bench trials on complex construction matters. Prior to practicing law, he was a senior surety underwriter for Fireman's Fund Insurance Company. In addition to his legal counseling, he has served as a financial advisor to construction companies.
Mr. De Luca is admitted in New York and New Jersey
Presented before numerous groups including the North Jersey Chapter of the National Association of Credit Managers, the New York Sprinkler Contractors Association and others on various construction and surety issues.
NITA trial advocacy course for the New York County Lawyer’s Association
New York Construction Law: Bonds and Insurance” Pratt Institute
“Law and Risk Management: Introduction to Risk Management; Insurers and Insurance Representatives” Building Owners and Managers Institute (BOMI)
Co author of New York Construction Law, by Postner & Rubin, published by Shepards - McGraw Hill, 1992.
American Bar Association
The presenter was great at pointing out the differences between federal and state court
The course was comprehensive in covering litigation from start to finish.
Interesting discussion on non-official records. I didn't realize this was so shunned.
Excellent. Especially he points out the difference between federal and state practices.
Great presenter. Well thought out and very helpful.
Atty De Luca is an excellent, clear speaker.
Very informative and interesting subject
Highly recommendable and a very useful course
Very useful for entry level practitioners
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