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"My Life in the Courtroom": an Interview with Gerry Spence

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"My life in the courtroom": An interview with Gerry Spence . Gerald L. Spence graduated from the Uni versity ofWyoming Law School in 1952, and served as County and Prosecuting Attorney in Fremont County, Wyoming. He is now senior partner in the Jackson, Wyoming law 1 firm ofS)>ence, Moriarity 6- Schuster. 4 / Trial Diplomacy lournal ATLA MID-WINTER CONVENTION—1983 Sheraton Waikiki Honolulu, Hawaii January 22-28, 1983 The publisher's Just one year ago, I was privileged to attend ATLA's Mid-Winter Convention page in London, England. When I wrote my report for TDJ's Spring, 1982 issue, I honestly felt that they had achieved a standard of excellence in educational programming that could not possibly be equalled. Six months later, in July, 1 attended ATLA's Annual Convention in Toronto, Canada, and was delighted to discover that my prediction was totally inaccurate . .. the educational program again was fantastic, and I so reported in our Fall 1982 issue. With this in mind, I looked forward with great anticipation to the Mid-Winter Convention in Hawaii in January, 1983. In one of the world's most beautiful settings, ATLA presented another great TRIAL DIPLOMACY JOURNAL program!!! The educational portion was chaired by James Krueger, one of Hawaii's prominent trial lawyers. I had several lengthy discussions with Jim PublisherlExecutive Editor about the program he developed for the convention. His main objective was to BERTRAM G. WARSHAW present a program that would appeal to all trial lawyers regardless of their Editor specialties; i.e., to present a program that cut across the entire spectrum of JANINE WARSAW ATLA special interest sections. In my opinion, he succeeded admirably. Business Manager HOLLI GROBSTEIN Chairman, Board of Editors Expert witnesses MICHAEL F. COLLEY, Columbus, Ohio Past President, Association of Trial The main thrust of the program was the effective use of expert witnesses in Lawyers of America today's complex litigation. Truly, the expert witness has become an indispensa Board of Editors ble element in successful litigation. Decisions frequently border on the ques EDWARD B, ARNOLDS, Chicago, 111. tion ofwhose experts are most believable. Associate Professor of Law Leading off the educational program on expert witnesses was Linda Miller John Marshall Law School Atkinson, founder ofATLA's Women Trial Lawyers Caucus. A better choice for ROBERT G. BEGAM, Phoenix, Ariz. Past President, Association of Trial the lead-off spot could not have been made! An outstanding speaker, Linda's Lawyers of America subject was "Sources ofExpert Testimony" and she covered it with a blanket of MELVIN M. BELLI, San Francisco, Calif. knowledge! She emphasized the point that selection of the RIGHT EXPERT is Past President, Association of Trial critical: "if the expert fails," she said, "the lawyer has failed." Lawyers of America One of her recommendations for selecting an expert witness generated a bit HERALD PRICE FAHRINGER, New York, N.Y. ofcontroversy. She suggested that the most desirable expert witness is the one Trial lawyer who appears to be neutral . .. who will appear to be impartial to the most con ALFRED S. JULIEN, New York, N.Y. Past President, Association of Trial servative juror; who appears to be interested solely in arriving at the truth and Lawyers of America letting the chips fall where they may. This recommendation led to lively dis SAMUEL LANGERMAN, Phoenix, Ariz. cussions by some lawyers in the audience who felt that an impartial expert Past President, Association of Trial witness would be likely to "cave in" under tough cross-examination, thus doing Lawyers of America. more harm to the case than good. It would appear that this question warrants J. D. LEE, Knoxville, Tenn. Past President, Association of Trial further research. Lawyers of America Following Linda Atkinson on the podium was an array of prominent ATLA MARVIN E. LEWIS, San Francisco, Calif. lawyers who addressed the problem of using "Unusual Experts." The persona Past President, Association of Trial ble Peter Perlman, ATLA Secretary and member of TDJ's Board of Editors, Lawyers of America gave his usual outstanding lecture on the use of Biomechanical Engineers. An PETER PERLMAN, Lexington, KY Secretaiy, Association of Trial Lawyers of America expanded version of Peter's talk will appear in TDJ's Summer '83 issue. I was FRED PETERS, Brooklyn, N.Y. impressed by the excellent presentation ofJohn L. Messina on "Human Factors Trial lawyer Specialists" as well as Bill Wagner's talk on "Psychologists on Psychometrics," LEONARD M. RING, Chicago, lU. and John Norman's discussion of"Rehabilitation Experts." Past President, Association of Trial Subsequent sessions featured outstanding presentations by an equally prom Lawyers of America inent panel of ATLA lawyers on the general subject of "Unique Uses of De PAUL MARK SANDLER, Baltimore, MD monstrative Evidence." Included in this segment were Monty L. Preiser on Trial lawyer DR. THOMAS SANNITO, Dubuque, Iowa "Videotapes in Court"; Steven Archer on the use of"Thermograms;" J. Kendall Professor of Psychology, Loras College Few on "Innovative Techniques" and Joan Lorell on "Medical Illustrations NEIL SHAYNE, Mineola, N.Y. and Models." Without exception, these presentations were informative and Trial lawyer well-prepared. I wish I had more space available to elaborate. RICHARD C. SMILGOFF, Chicago, 111. Needless to say, I'm looking forward to ATLA's Annual Convention coming Director, Court Practice Institute up in Washington, D.C., July 15-23, 1983. See you then!!! GERALD L. SPENCE, Jackson, Wyo. Trial lawyer Bertram G. Warshaw Publisher/Executive Editor Spring 1983 / 3 As we waited in the Palmer House courtroom, why I'm not even comforta ting me live, or winning his case, he lobby for our interview with Gerry ble at recess! When they recess, I say, will win his case every time. Every Spence, I wondered whether I would "Let's get this recess over ... I want to time. And so, it is a life and death mat recognize him in the crowd. Not to get this whole thing over." I am the ter in the courtroom. Then when you ^^worry!. .. Gerry Spenceis an imposing most uncomfortable with ... I am ter say to me, "What is losing?" It's a mat structure, standing out like the prover rorized, I'm actually engaged in stark ter of survival. When I have finished a bial "fox in the henhouse". After all, terror, painful terror while waiting for trial of a case that I have won, I walk how many lawyers at ABA seminars the jury's verdict. Then, suddenly, it's out of the courtroom and people say: look like John Wayne getting ready to all over and somehow I've delivered all "Aren't you happy? Aren't you elated? circle the wagons? His intimidating of my case, everything that I am, every You won! You won! Go celebrate." I appearance belies a warm andfriendly thing that I can say about my client as just want to sit down somewhere where personality, however, and he attracts best as I know how, and it's all in it is nice and quiet and feel my belly; SRO crowds for his lectures, despite somebody else's hands. my soft belly. Somebody didn't mn a formidable competition from the likes I don't have any more control; some sword through it. It feels good. I'm not of Melvin Belli and Philip Corboy in body else has control, and I say to my elated that I won, I'm just relieved that the same time slots. His audience ex self, "Oh, Big Earnie up in the sky, hey, I didn't die. My great reward, ofcourse, pects a great performance and Spence pal, ifyou let me just win this one, even is to be thrown back into the courtroom. doesn't disappoint! His address and if I lose it, ifyou just take away the pain discussions were enthusiastically re .. the agonizing pain, the waiting for TDJ. If you had it within your power ceived by the audience. We think that this decision, from this jury, if you just to change any one thing about the court his wide-ranging observations and will let me win this one, I'll quit prac system ... the judicial process, what opinions expressed during the inter tising law." one thing would you change? view will be ofinterest to trial lawyers. GS. This system has got to change or TDJ. Mr. Spence, you are one of the it's going to die. There are several most successful trial lawyers in the This system has got to things wrong, but the first thing that has country. The cases you have tried and change or it's going to die. got to be changed is the overall attitude ofthe courts and the justice system and won are legendary. You are not only a There are several things "media" figure as a result of your legal the people themselves. experiences, you are now a well-known wrong, but the first thing You know, we're all sort of like "nig author with a best selling novel (Gun that has got to be changed gers." I want to say that I am using that word only to describe man in his lowest ning forJustice). You are "country" and is the overall attitude of form, I mean nothing else. They want you are "cool" and I imagine you are as the courts and the justice comfortable in the courtroom now as a to make "niggers" of us. Black and coyote is in the hills. system and the people white ... they want to do this to us. themselves. They want to make us all slaves. They GS. (a long pause pregnant with sus want us to feel little.
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