Cardozo Students Learn Cutting Edge Strategies for Courtroom Litigation From Prominent Legal Experts, Jurists and LawyersBenjamin N. Cardozo School of Law’sIntensive Trial Advocacy Program (ITAP) kicked off on January 3 with 34 expert trial lawyers, judges and legal experts running 134 students through what it takes to develop a case theory and make opening statements.
Ellen Yaroshefsky, who directs ITAP, and is clinical professor of law and the executive director of the Jacob Burns Ethics Center, opened the 26th year of ITAP at Cardozo by introducing the distinguished visitors who serve as faculty and coaches during the two week program.
“Learn to listen and to concentrate on the witness,” Yaroshefsky advised as she told students to shut down computers and to stop taking notes. “You need to learn to absorb what you are seeing and you can’t be taking notes to do that.” She also promised that by the end of the day students would all know how to make an opening statement and would stop reading prepared remarks as they learned to connect with a jury.
httpv://www.youtube.com/watch?v=iHTZyJBx8M0
Judge Nancy Vaidik of the Indiana Court of Appeals then conducted a group brainstorming session using the negligence case, Potter v. Shrackle, that had been assigned. Judge Vaidik shared that opening arguments are based on a good case theory, developed by integrating both the facts of the case and the law of the case.
Two groups of six students were asked to present the facts and to sift through the five most pertinent “good” facts in support of the plaintiff and the five most significant “bad" facts that could be used against the plaintiff. The exercise included discussions of chain of evidence, common sense and the subjective art of integrating facts into an opening argument.
Next, two expert trial lawyers demonstrated their skills delivering opening statements for the case. David L. Berkey, who specializes in civil litigation, argued for the plaintiff saying, “this is a death case,” and asking for a verdict against the motorist, Mr. Potter, who struck and killed Mrs. Shrakel. Shawn Chapman Holley, former deputy public defender in LA who has defended Lindsay Lohan and was part of OJ Simpson’s defense team, made an opening statement defending Potter, arguing that her client took every reasonable precaution and that Mrs. Shrakel was outside the crosswalk where Potter would have seen her.
Following the experts, it was time for the students to take over. Breaking up into small groups, they worked on this case and several others, developing a case theory based on the facts and then individually making their opening arguments before a team of expert critics. Their statements were taped and after each student made arguments, the panel reviewed the student’s case, style, presentation and performance. After the judges in the class gave their critique, each student took their videotaped performance to a new judge who reviewed the performance again.
ITAP is a cornerstone of Cardozo's practical skills curriculum. Over the two week "master class" approach to learning, students practice direct and cross examinations, interviewing and preparing witnesses, selecting juries, dealing with evidentiary issues and preparing for and presenting bench and jury trials. The course ends with students conducting a full jury trial.
Benjamin N. Cardozo School of Law’s Intensive Trial Advocacy Program (ITAP) kicked off on January 3 with 34 expert trial lawyers, judges and legal experts running 134 students through what it takes to develop a case theory and make opening statements.
Ellen Yaroshefsky, who directs ITAP, and is clinical professor of law and the executive director of the Jacob Burns Ethics Center, opened the 26th year of ITAP at Cardozo by introducing the distinguished visitors who serve as faculty and coaches during the two week program.
“Learn to listen and to concentrate on the witness,” Yaroshefsky advised as she told students to shut down computers and to stop taking notes. “You need to learn to absorb what you are seeing and you can’t be taking notes to do that.” She also promised that by the end of the day students would all know how to make an opening statement and would stop reading prepared remarks as they learned to connect with a jury.
httpv://www.youtube.com/watch?v=iHTZyJBx8M0
Judge Nancy Vaidik of the Indiana Court of Appeals then conducted a group brainstorming session using the negligence case, Potter v. Shrackle, that had been assigned. Judge Vaidik shared that opening arguments are based on a good case theory, developed by integrating both the facts of the case and the law of the case.
Two groups of six students were asked to present the facts and to sift through the five most pertinent “good” facts in support of the plaintiff and the five most significant “bad" facts that could be used against the plaintiff. The exercise included discussions of chain of evidence, common sense and the subjective art of integrating facts into an opening argument.
Next, two expert trial lawyers demonstrated their skills delivering opening statements for the case. David L. Berkey, who specializes in civil litigation, argued for the plaintiff saying, “this is a death case,” and asking for a verdict against the motorist, Mr. Potter, who struck and killed Mrs. Shrakel. Shawn Chapman Holley, former deputy public defender in LA who has defended Lindsay Lohan and was part of OJ Simpson’s defense team, made an opening statement defending Potter, arguing that her client took every reasonable precaution and that Mrs. Shrakel was outside the crosswalk where Potter would have seen her.
Benjamin N. Cardozo School of Law’s Intensive Trial Advocacy Program (ITAP) kicked off on January 3 with 34 expert trial lawyers, judges and legal experts running 134 students through what it takes to develop a case theory and make opening statements.
Ellen Yaroshefsky, who directs ITAP, and is clinical professor of law and the executive director of the Jacob Burns Ethics Center, opened the 26th year of ITAP at Cardozo by introducing the distinguished visitors who serve as faculty and coaches during the two week program.
“Learn to listen and to concentrate on the witness,” Yaroshefsky advised as she told students to shut down computers and to stop taking notes. “You need to learn to absorb what you are seeing and you can’t be taking notes to do that.” She also promised that by the end of the day students would all know how to make an opening statement and would stop reading prepared remarks as they learned to connect with a jury.
httpv://www.youtube.com/watch?v=iHTZyJBx8M0
Judge Nancy Vaidik of the Indiana Court of Appeals then conducted a group brainstorming session using the negligence case, Potter v. Shrackle, that had been assigned. Judge Vaidik shared that opening arguments are based on a good case theory, developed by integrating both the facts of the case and the law of the case.
Two groups of six students were asked to present the facts and to sift through the five most pertinent “good” facts in support of the plaintiff and the five most significant “bad" facts that could be used against the plaintiff. The exercise included discussions of chain of evidence, common sense and the subjective art of integrating facts into an opening argument.
Next, two expert trial lawyers demonstrated their skills delivering opening statements for the case. David L. Berkey, who specializes in civil litigation, argued for the plaintiff saying, “this is a death case,” and asking for a verdict against the motorist, Mr. Potter, who struck and killed Mrs. Shrakel. Shawn Chapman Holley, former deputy public defender in LA who has defended Lindsay Lohan and was part of OJ Simpson’s defense team, made an opening statement defending Potter, arguing that her client took every reasonable precaution and that Mrs. Shrakel was outside the crosswalk where Potter would have seen her.
