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www.innsofcourt.org

2005–2006 PROGRAM LIBRARY CATALOG LIBRARY PROGRAM (703) 683-3590 (703) Alexandria, Virginia 22314 Alexandria, Virginia 1229 King Street, Second Floor King Street, 1229 1

d d n i . r e v o C Cover indd 1 Mission Statement

The Mission of

the American Inns of Court is

to foster excellence in

professionalism,

ethics,

civility,

and legal skills.

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Program Report Form ...... v 20. Bench Relations ...... 80

Program Order Form ...... vii 21. Civility ...... 82

How to Use This Catalog ...... 1 22. Attorney Substance Abuse/DUI ...... 89

2004 Program Award Winners ...... 2 23. Sexual Harassment ...... 91

1. Initial Contact with the Client ...... 5 24. Discrimination ...... 94

2. Witness Preparation ...... 8 25. Legal Practice

3. Investigations and Discovery ...... 11 A. Fees ...... 96

4. Depositions ...... 16 B. Communication Skills ...... 97

5. Settlement Negotiations/Plea Bargaining ...... 19 C. Attorney Lifestyle ...... 98

6. Alternate Dispute Resolution/Mediation/Arbitration . . . . .22 D. Multidisciplinary Practice ...... 103

7. Ethical Dilemmas 26. Technology and the Law ...... 105

A. Professionalism and Ethics—General ...... 26 27. Areas of Practice

B. Conflicts of Interest ...... 38 A. Corporate Law ...... 111

C. Attorney/Client Sexual Relations ...... 41 B. Bankruptcy Law ...... 114

D. Misconduct/Grievance Complaints ...... 42 C. Family Law ...... 117

E. Rule 11 Sanctions ...... 44 D. Insurance Law ...... 122

8. Jury Communications ...... 45 E. Administrative Law ...... 123

9. Jury Selection ...... 47 F. Comparative Law ...... 126

10. Voir Dire ...... 50 G. Military Law ...... 127

11. Opening Statements ...... 52 H. Criminal Law ...... 128

12. Direct and Cross-Examination of Witnesses ...... 53 I. Intellectual Property Law ...... 132

13. Evidence 28. Historical and Famous Trials ...... 134

A. Evidence Rules—General ...... 55 29. Constitutional Law ...... 143

B. Demonstrative Evidence ...... 58 30. Mentoring ...... 149

C. Privileges ...... 59 31. Gameshow-Style Programs ...... 150

D. Summary Judgements ...... 61 32. Year-Long Programs ...... 158

14. Expert Witnesses ...... 62 33. Special Projects ...... 160

15. Closing Arguments ...... 66 34. Programs with Videos ...... 164

16. Jury Deliberations ...... 68 35. Appellate Practice ...... 176

17. Sentencing Guidelines ...... 70 Index of Award Winning Programs ...... 178

18. Media Relations ...... 71 Index by Titles ...... 179

19. Judicial Competence ...... 75

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0000 F Frontront M Matteratter. inddindd iiiiii 99/16/2005/16/2005 3:03:233:03:23 PMPM Program Awards Judging Criteria

By implementing each criterion or as many as possible into your submission, you will produce a well-rounded program and enhance your Inn’s chances of earning an American Inns of Court Program Award.

✓ Is the program relevant to the mission of the American Inns of Court?

✓ Is the program captivating and entertaining?

✓ Does the presentation of the topic exhibit some level of creativity and innovation?

✓ What is the relative educational value of the program?

✓ Is the program interesting and challenging to all members of the Inn?

✓ Has the topic been thoroughly researched?

✓ Can the program be replicated easily by another Inn?

✓ Are all the materials required to replicate the program included with the submission?

✓ Does the program raise ethical considerations?

✓ Is the topic of the program a timely one?

✓ Does the program have relevance beyond the jurisdiction in which it was originally presented?

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Title of Program ______Date of Program ______Presenting Inn ______Inn Number ______Inn City ______Inn State ______Contact Person ______Phone ______Email Address ______

Program Summary: Indicate the legal focus and be concise and detailed in summarizing the content and setup of your program. Attach additional sheets if necessary. ______

Program Materials: The following materials checklist is intended to insure that all the materials that are required to restage the program are included in the materials submitted to the Foundation ofﬁ ce. Did the program use a written script? Yes No Did the program material include any newspaper, magazine, or web articles? Yes No Did the program material include any copies of citations of law or legal documents? Yes No Did the program material include a fact pattern for the program? Yes No Did the program material include a list of questions for the program? Yes No Did you hand out any materials before or during the program? Yes No Did this program use videotape, DVD or other media during the course of the presentation? Yes No Did this program use other media such as PowerPoint during the course of the presentation? Yes No Please include a copy of any of the above existing materials with your program submission. Speciﬁ c Information Regarding the Program Number of participants required for the program ______Has this program been approved for CLE? Yes No

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Roles: List the exact roles used in the demonstration and indicate their membership category; i.e., Pupil, Associate, Barrister or Master of the Bench.

Role Membership Category

Agenda of Program: List the segments and scenes of the demonstration and the approximate time each step took; i.e., “Introduction by judge (10 minutes).”

Item Time

Recommended Physical Setup and Special Equipment: i.e., VCR and TV, black board with chalk, easel for diagrams, etc. When submitting videotape, please indicate the length of all tapes. i.e., 30 or 60 min. ______

Comments: Clarify the procedure, suggest additional ways of performing the same demonstration, or comment on the response from the Inn members regarding the demonstration. ______

Questions: Please contact Andrew Young at (703) 684-3590 ext 106 or by email at [email protected].

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Use this form to order any program listed in the American Inns of Court Program Catalog. All programs are FREE unless a videotape is included in the materials in which case a $10.00 charge will be added per tape.

Name ______Date ______American Inn of Court Name ______Inn No. ______Company ______Address ______City ______State ______Zip ______Phone ______Fax ______Email Address ______

Order Information: Program Number Title Video Price

Yes (Add $10) ➧ No (FREE) ➧

Please allow 1-2 weeks for delivery by regular mail or UPS Ground. For overnight delivery, please include your UPS or FedEx Reg. Del.-FREE ➧ account number or credit card number. UPS Acct: ______FedEx Acct: ______Overnight-Add $25 ➧

Total Payment Information:

Bill Me

Check Enclosed Check Number ______Amount $ ______

Please charge my VISA MasterCard American Express

Card No. ______Expiration Date ______

Signature ______Name as it appears on card ______To Place Your Order: FAX completed form with credit card information to: (703) 684-3607 OR PHONE your order with credit card information to: (703) 684-3590, ext. 106 OR MAIL completed form to: American Inns of Court Foundation 1229 King Street, Second Floor Alexandria, Virginia 22314

QUESTIONS call Andrew Young (703) 684-3590 ext. 106 00 Front Matter.indd [Rev. 9/2005]

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0000 F Frontront M Matteratter. inddindd viiiviii 99/16/2005/16/2005 3:03:243:03:24 PMPM How to Use this Catalog

Getting Started Programs are grouped according to subject category. Thus, some programs may be listed more than once. Each catalog listing includes the following elements.

All programs are free unless a videotape is included in the materials in which case a $10.00 charge will be added per tape.

Catalog Number P11151 You’ve Got Mail: Ethics and the Internet Title Summary Summary: The program addressed the ethical, legal and practical issues concerning an attorney’s use of the Award Winner ✯ Internet in communicating with clients, opposing counsel and the courts. The program raised the issue of attorney-client privilege and highlighted several of the most common Internet crimes including fraud and identity theft. Materials: Outline, Script, Law, Articles Materials Available Presenting Inn Presented by: The Temple AIC, Philadelphia, PA Date: 3/12/2003 Date Presented

Key to Materials Available

Articles—Contains copies of all supporting articles relied upon to Outline—Contains a summary of the program as it was presented present the program. by the Inn. Also contains a time breakdown for the various parts Bibliography—Contains bibliography of case law and articles relied upon of the program. to present the program. Questions—Contains a copy of the questions or questionnaire used by Comments—Contains a copy of the comments from Program Chair the Inn to present the program. regarding program presentation. Script—Contains a copy of the script used by the Inn to present Documents—Contains copies of all necessary legal documents necessary the program. to present the program (i.e., complaint, subpoena, motion, etc. Video—Contains videotaped material necessary for Facts—Contains a copy of the actual or hypothetical facts on which the presentation of the progam. program is based. Law—Contains a copy of the legal authority relied upon to present the program.

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✯ First Place ✯ Third Place (Tie) The Cat Lies, the Lawyer Cries— Noisy Lawyers & Silent Clients: What’s the Ethical Rule Sarbanes-Oxley & the Ethical Role When the Perjury Flies? of the Attorney The Earl Warren American Inn of Court The Temple AIC Oakland, CA Philadelphia, PA This was an original program written entirely in Dr. Seuss-style The program addressed the requirements imposed upon rhyme by an Associate member of the team. The mischievous Cat attorneys under the Sarbanes-Oxley Act, specifically when an in the Hat was the prevaricating client who in Act I lied to get a job. attorney must make a “noisy withdrawal” from a case. A fictional In Act II, the Cat proceeded to pile on more lies to cover his tracks domestic diva that marketed a faulty product was counseled in a civil suit. In Act III, the Cat perjured himself on the stand. The by two securities lawyers and a criminal lawyer regarding her program dealt with how the Cat’s lawyers attempted to meet their public statements about the product. A facilitator encouraged the ethical obligations in the face of a client who never tells the truth. audience to discuss the attorneys’ ethical responsibilities under In between the skits, the Narrator probed the audience for their state and federal law. solutions to the lawyers’ dilemmas. The success of the program was augmented by wonderful costumes and creative sets. Greed, Gold Diggers & The Golden Years The Earl Warren AIC ✯ Second Place Oakland, CA The primary focus of this program was on the civil and criminal The Jury Trial is Vanishing: implications of taking financial and emotional advantage of a Should Anyone Care? senior citizen. The program also raised issues such as when conservatorships are appropriate; which individuals are appropri- The Temple AIC ate to be appointed conservators, and what factors the court Philadelphia, PA should consider when confronted with competing conservatorship This program addressed the topic of the diminishing number of jury petitions. The program addressed these issues using the familiar trials taking place in the legal system. The program also examined tale of Little Orphan Annie and Daddy Warbucks. A little Anna the consequences of that trend. The presentation involved an Nicole Smith flair was added to make it more interesting. The entertaining skit that told the story of a jury trial scheduled in a program also dealt with such ethical issues as dual representation products liability case. The focus of the skit was on the attorneys, and unlicensed and incompetent counsel, and the requirements as the plaintiff’s law firm was forced to use attorneys without signifi- for obtaining a civil harassment restraining order. cant trial experience, and the defendant’s law firm was unable to measure the client’s potential exposure since the client had either settled or sought mediation. After each scene, moderators led a discussion addressing such issues as: 1) the value of jury trials; 2) the value to attorneys of jury verdicts entered in other cases; 3) the potential atrophy of attorney’s advocacy skills as jury trials diminish, and the effect on less experienced attorneys; and 4) the public benefit that derives from jury trials.

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✯ Frivolous Lawsuits: Outstanding Programs Cutting Edge or Over the Edge? Modesto—The Drop Dead Musical The Anthony M. Kennedy AIC The Wray Ladine AIC Sacramento, CA Modesto, CA The purpose of the program was to raise ethical and legal issues This program focused on pretrial publicity and its effects on related to the filing and appeal of frivolous lawsuits, and the use potential jurors using the musical Chicago as a framework. The of questionable experts to support those lawsuits. Combining the lyrics from the original score were altered to highlight the legal use of a pre-recorded television reality show and a live program issues presented. Specifically, the program addressed the ethics script, the program addressed such issues as the legal and involved when lawyers attempt to use the media to obtain an ethical standards for frivolous lawsuits, what constitutes a frivolous outcome favorable to their client, emphasizing the ethics of the appeal, and whether attorneys should be sanctioned and reported profession versus the need to zealously represent a client. for filing frivolous cases, defenses, and appeals? Own A Piece of the Rock Sympathy for the Adjuster: The University of Pennsylvania Law School AIC When Non-Lawyers Call the Shots Philadelphia, PA The Anthony M. Kennedy AIC This program involved a civil action against a mortgage broker for Sacramento, CA defamation. In that litigation, malpractice and various violations This program was designed to highlight the ethical and legal of the Rules of Professional Conduct ensued when the broker’s dilemmas faced by insurance company defense counsels, arising attorney and her insurance adjuster controlled the litigation without out of the dual attorney-client relationship with the insured and consulting the client. The program included an accompanying the insurance company. In an increasing number of cases, the PowerPoint presentation and also included a discussion period attorney’s exercise of independent professional judgment has after each act of the skit. been replaced with complex software programs that dictate to the adjuster how much a case is worth. Often the adjuster, rather than The Separation of Church and State the attorney, decided what discovery would be undertaken and The Patrick E. Higginbotham AIC what the trial strategy would be. This trend raised the question Dallas, TX of whether policyholders are at a disadvantage because their The program focused on contemporary issues arising out of the attorney has divided responsibility and reduced control over the separation of church and state. This program also included a panel of outcome of the case. religious leaders and scholars from various backgrounds and traditions who discussed the current issues and provided background informa- You Are What You Speak: tion. The audience was involved in the discussion through the use Whether to Promote or Pillory of an electronic polling system. Using a PowerPoint presentation, Political Correctness in Legal Discourse the program started with a brief introduction of some of the historical The Anthony M. Kennedy AIC issues and examined the historical development of the issue of the Sacramento, CA separation of church and state. The next part of the program dealt with cases on appeal before the Supreme Court of the United States This program explored whether so-called “political correctness” in and the case of Justice Roy Moore. After the audience voted on a speech and action should be a component of civility and profes- couple of issues, the panel discussed the results and the cores issues sionalism in the practice of law, or whether it unreasonably stifles addressed by the question. fair debate. The program also examined how attorneys and judges should respond to incidents of political incorrectness that arise The E-Prentice: in court, and what responsibility lawyers and law firms have in The E-Trail From the Boardroom dealing with politically incorrect actions of clients directed towards staff or opposing party and/or counsel. The presentation included to the Courtroom three skits, each of which raised different issues and elicited a The Temple AIC—Philadelphia, PA spirited discussion about the subject of political correctness in the Set against the backdrop of the telegenic world of Donald Trump’s practice of law. empire, this program focused on the plethora of legal and ethical issues, that judges, lawyers and clients face when dealing with electronically stored information. The program addressed issues relating to electronic discovery from various perspectives, before and after a sexual discrimination suit is filed.

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0000 F Frontront M Matteratter. inddindd 4 99/16/2005/16/2005 3:03:243:03:24 PMPM 1. Initial Contact with the Client

P10023 The Client Walks in the Door P10432 The Big Case: Managing for Summary: The two-part program focused on the steps involved Survival and Success in accepting a client’s case. The first part featured a Summary: This program addressed some of the considerations demonstration of an interview by a senior and junior involved in accepting, processing and trying the partner of a firm of a potential client. The second complex case. Six vignettes portrayed procedures, demonstration involved the office conference, where the techniques and organizational efforts used by teams interviewing partners discussed the issues and merit of of lawyers in a complex case from its beginning until the client’s case. shortly before trial. Federal Home Loan Mortgage Corp. Materials: Facts v. Friendly Bankers Mortgage Co. was used as a model Presented By: The William B. Bryant AIC, Washington, DC for the program. Date: 7/19/1988 Materials: Facts, Documents, Law, Articles, Script Presented By: The Louis M. Welsh AIC, San Diego, CA P10025 Client Interview and Determination of Causes Date: 3/8/1995 of Action to be Filed, Civil and Criminal Summary: The program included a skit followed by a discussion. P10511 Sara Smith v. Private University The skit included client and witness interviews for the Summary: This program demonstrated the initial client interview plaintiff and the defense. The discussion focused on the process, followed by a firm meeting to discuss whether issues raised by the skit and was moderated by an Inn ✯ to take the political and controversial case of Sara Master judge. Smith v. Private University. Sara, a 19-year-old student, Materials: Facts, Script, Documents was attacked on campus by a university security guard. Presented By: The Abraham Lincoln AIC, Peoria, IL Sara sought compensation for her physical and psycho- Date: 10/18/1988 logical injuries. She believed that criminal charges were also warranted against the university. P10346 Jaws II-Managing Difficult Clients Materials: Facts, Script, Articles, Comments Summary: This three-group program examined who the client Presented By: The Owen M. Panner AIC, Portland, OR is, difficult clients, issues raised by the client, conduct Date: 10/8/1997 of the client, non-cooperative clients, and threatening clients. The first group raised multiple questions; i.e., P10531 The Will, The Partner and The Settlement— clients who hold public office and clients who refuse to Three Skits on Ethics cooperate. The second presentation was a simulated Summary: The program featured skits regarding ethical issues that phone conference between the lawyer and corporate confront attorneys. The scenarios were outrageous client after the lawyer had lost a case for the client. A enough to keep the audience entertained, but realistic panel consisting of a Domestic Relations Judge and enough to raise serious issues. The following topics two attorneys in her court was also used to comment were discussed: 1) conflicts of interest (The Will); 2) on problems that arise out of representation that is substance abuse and attorney dishonesty (The Partner); emotionally charged and complicated by the presence and 3) communication with clients (The Settlement). of children in litigation. Each skit was followed by a set of discussion questions. Materials: Facts, Questions, Documents, Law, Articles Materials: Script Presented By: The Harry Phillips AIC, Nashville, TN Presented By: The George Washington AIC, Washington, DC Date: 10/17/1995 Date: 10/24/1996

P10367 Litigation Management Techniques P10596 Getting the Clients and Signing them Up Summary: The program focused on case evaluation, development Summary: The program highlighted the Rules of Professional of themes for the case, preparation of a discovery Conduct governing advertising and solicitation of outline, motion practice, trial preparation pointers, clients, including direct contact with prospective effective use of a trial notebook, and evidentiary issues. clients. One skit entitled “Getting the Client” featured This program used a scenario surrounding a mysteri- a moderator who facilitated group discussion by ous house fire that resulted in two deaths and a million posing questions, including some with hypothetical fact dollar claim filed by the homeowner based on the patterns, to the various teams. appraised value of her collection of modern art. Materials: Articles, Facts, Documents, Law Materials: Facts, Documents, Law, Comments Presented By: The Vassar B. Carlton AIC, Viera, FL Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 10/1/1997 Date: 11/16/1995

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P10690 Ethics in Interviewing a Criminal Defendant P10987 Punitive Damages in Class Action Lawsuits: Summary: A videotape showed an initial interview between How Much Is Too Much? retained counsel and her client, who is charged Summary: This program was a fanciful treatment of how lawyers with armed bank robbery in federal court. During for the plaintiffs, various classes of fishermen and the interview, ethical issues arose which covered Alaskan natives, might have gone about their search four distinct areas that were set forth in the handout initially for the ideal class representative in a hypotheti- materials for the program. A group discussion followed cal oil spill case. The facts were that the SS Global the video presentation. Crossing, a supertanker spilled over 11 million gallons Materials: Facts, Law, Questions of oil off the shores of Alaska and polluted over 1, Presented By: The William R. Overton AIC, Little Rock, AR 000 miles of coastline. The captain of the ship was in Date: 10/20/1998 violation of the rules against alcohol consumption Materials: Script, Articles, Bibliography, Documents, Law, Facts P10732 Do You Take a Chance and Presented By: The Charles Fahy AIC, Washington, DC Represent a Civil Fraud Defendant? Date: 2/1/2001 Summary: This demonstration raised numerous ethical dilemmas created when a firm contemplates representation of a P11069 Do Bad Clients Make Good Lawyers? defendant in a civil fraud case. The program discussed Summary: This program focused on an attorney’s right not to such issues as retention, the limits of defense strategy, accept every client who wished to retain their services. and the propriety of a pre-planned exit strategy. In this program, Laura, a young associate was assigned These issues were sharply defined in a three scene a matter in which she was asked to represent a play beginning with a discussion on the real goals of suspected terrorist during an FBI investigation. The representation, followed by two scenes contrasting the partner who assigned the case to her explained that attorney’s ethical choices as applied to the same case, the suspected terrorist was the son of one of the firm’s but with two radically different clients. long standing important corporate clients. When Laura Materials: Script, Facts, Bibliography expressed reluctance about this representation, she Presented By: The Peter M. Elliot AIC, Santa Ana, CA was informed that she had no choice in the matter. Date: 10/8/1998 Materials: Script, Articles Presented By: The Temple AIC, Philadelphia, PA P10782 Retaining a Client Who Seeks to Date: 11/14/2001 Retain Your Firm Summary: This program featured interviewing prospective P11080 A Long Day at the Office clients, ethical issues, conflicts, and retainer issues Summary: This program focused on methods of approaching and with specific regard to the bankruptcy setting. It also managing “highly unusual cases” for which an attorney discussed the availability of discharge, the debtor’s may feel inadequately prepared by traditional legal eligibility to file a bankruptcy petition, and the attorney’s training. It addressed issues such as, what is an attorney role in representing a corporate entity when its princi- to do when a client’s disclosure of unusual or complex pals are feuding. factual circumstances which posed seemingly insoluble Materials: Facts, Questions legal problems, ethical dilemmas, or both, requires Presented By: The Bankruptcy AIC, Newark, NJ immediate action? The program featured a law firm, Date: 1/4/1999 wherein clients arrived to meet their respective counsel and at that time disclosed some problematic factual P10974 Civil Damages Trial situations. At the end of the business day the attorneys Summary: This six-session program took a civil lawsuit from an met to discuss the day’s events and explored possible initial client interview through closing arguments in a solutions to the problems which they had to resolve. jury trial of a product liability claim arising from a fatal Materials: Script, Facts accident at an asphalt plant. It demonstrated and Presented By: The Robert Van Pelt AIC, Lincoln, NE debated client interviews and retention, discovery, jury Date: 2/7/2002 selection and voir dire, opening statements, witness examinations, and closing arguments. Materials: Script, Comments, Law, Articles, Documents, Facts Presented By: The Rex E. Lee AIC, Ogden, UT Date: 1/0/1900

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P11090 People v. Big Bad Wolf P11313 Kids and Lawyers Summary: This program focused on the difficulties in representing Summary: The program adressed the special ethical and practical an unpopular defendant by using the story of the three issues which lawyers face when they represent minor ✯ little pigs and turning it into a trial of the Big Bad Wolf. NEW children. The program presented the issues through a B.B. Wolf was accused of blowing down the houses skit about a custody hearing. After the presentation, the of Cyril and Clive Pig and attempted to blow down the moderator led a discussion and made the transition from the house of their brother, Nigel. Pretrial publicity about Mr. end of the scene to the alternative ending for the scene. Wolf’s history, and that of his family, created difficulties Materials: Script, Law for the defense. The jury was potentially tainted and Presented By: The D. R. Smith AIC, Ocala, FL the continued press cover-age influenced the residents Date: 3/17/2005 of Pigsylvania County. These issues, and that of the use of peremptory challenges, were covered in pretrial P11325 The Cat Lies, The Lawyer Cries: What’s the motions. The judge seemed to favor the prosecution and Ethical Rule When the Perjury Flies? the prosecutor viewed the publicity of the trial as a way to Summary: This was an original program written entirely in Dr. challenge the current district attorney in the next election. Seuss-style ryhme by an Associate member of the Materials: Script, Bibliography, Documents, Facts ✯ team. The mischevious Cat in the Hat was the prevari- Presented By: The Earl Warren AIC, Oakland, CA cating client who in Act I lied to get a job. In Act II, the Date: 3/20/2002 NEW Cat proceeded to pile on more lies to cover his tracks in a civil suit brought by the mother. In Act III, the Cat P11229 Abercrombie & Fitch LLP perjured himself on the stand. The program dealt with Summary: The program explored the question of how far clients how the Cat’s lawyers attempted to meet their ethical may properly proceed, without running afoul of the obligations in the face of a client who never tells the ✯ laws governing discriminating conduct, in promoting truth. In between the skits, the Narrator probed the “lookism.” Once that question is thuroughly explored, audience for their solutions to the lawyers’ dilemmas. the program then turned to whether the same could be The success of the program was augmented by true for in-store sales personnel. The program used pre- wonderful costumes and creative sets. recorded scenes to introduce the topic and pose several Materials: Script, Law, Questions, Handouts questions. After the introduction, the program used a Presented By: The Earl Warren AIC, Oakland, CA skit to explore the issues further. Date: 4/21/2004 Materials: Outline, Script, Articles, Documents, Law, Questions, Handouts, Video Presented By: The University of Pennsylvania School of Law AIC, Philadelphia, PA Date: 1/13/2004

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P10014 Preparation of Witnesses P10271 To Coach or Not to Coach Summary: The program compared different approaches to witness Summary: The program addressed the ethical guidelines preparation using the same attempted rape and assault necessary in preparing witnesses. The program hypothetical. The presentation demonstrated how to ✯ evaluated the benefits of and techniques for proper prepare the witness (victim) for a criminal trial, how to witness preparation. prepare the same witness for a deposition and how to Materials: Facts, Script, Law, Articles prepare an expert psychologist for deposition and trial. Presented By: The Louis M. Welsh AIC, San Deigo, CA Materials: Facts, Script, Documents Date: 3/24/1994 Presented By: The C.H. Ferguson-M.E. White AIC, Tampa, FL Date: 11/5/1987 P10345 Interpreters in the Courtroom Summary: This program was designed to address issues relating P10019 Preparation of a Witness to interpreters in the litigation setting, to identify some Summary: The program demonstrated the importance of proper of the problems related to the use of interpreters in witness preparation. The program, based on a lawn the courtroom, and to find solutions to some of these mower personal injury case, included a comparison problems. This program was delivered in lecture format. of direct and cross-examination of poorly prepared Two speakers discussed their experiences with the witnesses with that of properly prepared witnesses. use of interpreters in the courtroom. The program The program clearly illustrated the high probability of concluded with questions from the audience. inconsistent answers from unprepared witnesses. Materials: Facts, Documents, Law, Articles, Comments Materials: Facts, Script, Documents Presented By: The C. Edwin Moore AIC, Des Moines, IA Presented By: The Paca-Brent AIC, Annapolis, MD Date: 2/21/1996 Date: 11/5/1987 P10395 The Right and Wrong Way to P10043 Ethics: Preparing a Witness for a Depose a Witness TRO Affidavit and Hearing Summary: This program contained skits related to the prepara- Summary: The program involved a hypothetical corporation that, tion for and handling of the deposition of parties to a after losing a government contract it had held for 20 fictional automobile accident. Two skits gave examples years, disputed the award to the new contractor and of the right way and the wrong way to attempt to filed a Temporary Restraining Order (TRO). A pre-trial prepare a client for an upcoming deposition. The final conference revealed that the impetus for the TRO (and two skits dealt with the depositions themselves. A its supporting affidavit) was not from the client, but discussion period followed the skit presentations. from counsel. Examination of the client revealed that Materials: Facts, Script her counsel “put words in her mouth.” The judge denied Presented By: The Donald E. Wieand Sr. AIC, Allentown, PA the TRO and ordered counsel to return for possible Date: 11/15/1995 sanctions. Materials: Facts, Script, Law, Documents P10435 The Care, Nurturing and Feeding of Witnesses Presented By: The Charles Fahy AIC, Washington, DC Summary: This program explored several issues dealing with Date: 9/21/1989 witnesses. Issues dealing with independent witnesses, preparing a witness for a video deposition, dealing P10249 How to Handle the Lying Witness with the reluctant witness, witness bonding, rules Summary: The program consisted of a skit based on a hypotheti- dealing with witnesses and privilege issues with former cal similar to the Nancy Kerrigan/Tonya Harding corporate employees were examined. Scenarios were scandal prior to the 1994 Winter Olympics. The skit presented and case law was used. A discussion period addressed ethical dilemmas facing an attorney with a followed each presentation. lying witness. The Inn discussed Materials: Facts, Law, Articles each scene and how the Rules of Professional Presented By: The Louis M. Welsh AIC, San Diego, CA Responsibility applied. Date: 3/23/1996 Materials: Script, Law Presented by: The Prettyman-Leventhal AIC, Washington, DC Date: 2/25/1994

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P10568 Coaching Your Witness: How Far is Too Far? P10704 It’s A Wonderful Witness Summary: In a series of four vignettes the presenters demonstrated Summary: The program was presented in a series of scenes the legal and ethical issues involved in interviewing and designed to show how to prepare and work with preparing parties and lay witnesses for deposition and ✯ witnesses for depositions. Beginning where the classic trial testimony. The factual premise was a spin-off of a movie It’s a Wonderful Life left off, the scenes followed recent high profile criminal case in which the defendant George Bailey through his battle with a chain mega- was charged with assault, battery and numerous other store which engaged in predatory pricing to knock out offenses stemming from a hotel encounter between the George’s department store defendant and the female victim. The presenters focused Materials: Script, Questions, Law, Facts on a hypothetical civil action following entry of the plea Presented By: The Prettyman-Leventhal AIC, Washington, DC in the criminal case. The program discussed conflict of Date: 12/15/1998 interest, fair compensation for lay witnesses, appropriate ways to refresh a witness’s memory, and the propriety of P10762 Preparation of the Lay Witness speaking to a witness during the course of deposition or Summary: The purpose of the program was to demonstrate trial. The audience also viewed a scene from “Anatomy of techniques for preparing a lay, non-party witness for a Murder” starring the late Jimmy Stewart as the country deposition and conducting the deposition. The program lawyer defending a murder charge. concentrated on the ethical and legal obligations Materials: Script, Articles, Facts of counsel, addressed civility among counsel, and Presented By: The Temple AIC, Philadelphia, PA discussed the written and “unwritten” rules pertaining to Date: 10/7/1997 counsel and non-party witnesses. Materials: Script, Facts, Law P10586 Pushing the Envelope: Presented By: The Vassar B. Carlton AIC, Viera, FL Preparing a Witness For Testimony Date: 2/3/1999 Summary: After three scenes involving the witness preparation of the central figures from the Clinton impeachment, the team P10797 Witness Preparation and Y2K— challenged the audience to identify any areas in which the How to Avoid a Meltdown parties “pushed the envelope” to suborn perjury. Summary: This program consisted of role-playing vignettes that Materials: Script, Law demonstrated how to prepare and how not to prepare Presented By: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA witnesses for deposition. The vignettes were followed Date: 12/8/1998 by panel discussions, on which was a psychologist familiar with coaching techniques P10659 Liar, Liar Pants on Fire Materials: Script, Articles Summary: The program consisted of three skits involving a client Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK who either lied while filling out interrogatories, mislead the Date: 2/17/1999 deposing attorney, or lied on the stand during trial. Each vignette was followed by three endings, from which the P11054 The Scopes Monkey Trial and Inn members voted on the most appropriate one. the California Evidence Code Materials: Script, Articles, Law Summary: The program used vignettes to demonstrate actual Presented By: The Frank Rowe Kenison AIC, Hanover, NH testimony from the Scopes Monkey trial that focused Date: 12/9/1998 on the California Evidence Code. The members used the testimonies to discuss points of law such as P10684 Witness Preparation competency of witnesses, leading questions, refresh- Summary: The presentation involved skits which illustrated the legal ing recollection, character evidence, impeachment, and ethical issues attorneys face when preparing or scientific evidence, and expert testimony. coaching their witness. One skit involved a civil lawsuit Materials: Script, Law, Bibliography, Articles in which the attorney gave his client a list of possible Presented By: The Oliver Wendell Holmes, Jr. AIC, Vista, CA questions and some “suggested” answers and techniques Date: 10/2/2001 to arrive at answers. Another skit involved a criminal case which discussed the attorney’s handling of a client’s DWI charge. Brief discussions were held after each skit to address the ethical and legal issues raised. Materials: Script, Law Presented By: The Paca-Brent AIC, Annapolis, MD Date: 1/30/1998

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P11055 Liar, Liar P11278 A Look at Lawyers and Cinema: Summary: The program skit focused on development of witness Are They for Reel? testimony in high-profile litigation. A presentation Summary: The program looked at five movie clips and evaluated illustrated different scenarios that could occur where the attorneys from the perspective of effective advocacy possible perjury was elicited or occurred, or where the NEW and ethics. Although the program uses videotapes, they temptation for an attorney to engage in unethical conduct are not available with this program. The videos were became compelling. It presented some answers to rented or checked out from the library, and cued up questions such as: What happens when trial counsel is to the appropriate scene before the beginning of the pressured to serve incomplete and misleading interroga- meeting. At the meeting, each clip was introduced by tory answers and make an incomplete document produc- a Pupil member, and a Master or a Barrister led the tion-a production minus a smoking gun? What are the discussion on effectiveness and ethics. alternatives? What happens when the same trial counsel Materials: Outline, Articles, Law defends a deposition at which his expert witness lies, or Presented By: The William A. Ingram AIC, Santa Clara, CA testifies evasively, incompletely, and misleadingly? What Date: 1/12/2005 alternatives and obligations does the trial counsel have? Materials: Script, Articles, Law, Facts, Bibliography P11303 Eyewitness Testimony: Memory or Creation? Presented By: The Warren J. Ferguson AIC, Orange, CA Summary: The purpose of the presentation was to provide a live, Date: 3/11/2002 active example of the accuracy and benefit of eyewit- NEW ness testimony. The entire audience unwittingly became P11208 Holy Night, Silent Witness participants, which was the intent of the program. The Summary: This program dealt with the legal and ethical dilemmas presentation also used a guest pyschologist and a guest facing attorneys involved in cases with child witnesses police investigator. The guests provided a basis for or child victims, either of whom was reluctant to testify. multiple perspectives on the same occurrence as well Using a Christmas theme, the program addressed a as variations in recollection from the members of the legal issue that is likey to involve Inn members due to audience. passage of a referendum in November 2003 that will Materials: Script, Facts, Questions allow for amendment of the state constitution to provide Presented By: The Centennial AIC, Flint, MI for examination of child witnesses/victims via video or Date: 11/16/2004 close-circuit television. Materials: Outline, Script, Articles, Documents, Law, Handouts Presented By: The Temple AIC, Philadelphia, PA Date: 12/10/2003

P11230 Queer Eye for the Guilty Guy: From Witness Geek to Witness Chic, the Fine Art of Witness Preparation Summary: In a take off on the popular television program, Queer Eye for the Straight Guy, this program raised ethical ✯ and legal issues relating to witness preparation. The skits and discussion focused on how far an attorney can go in witness preparation and also raised questions about “pocketbook justice,” whether using trail consultants provides an unfair advantage to those with money to hire them. Materials: Outline, Script, Articles, Documents, Law, Questions Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 11/17/2003

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0022 W Witnessitness PreparationPreparation. inddindd 1010 99/16/2005/16/2005 2:56:312:56:31 PMPM 3. Investigations and Discovery

P10044 The Protean Concept of P10173 Considerations, Pitfalls and Ethics of Investigatory Impropriety Communicating with Auditors and Clients Summary: The program contrasted judicial approaches to investi- During a Criminal Investigation gatory impropriety (e.g., use of investigators to obtain Summary: The program focused on an attorney’s obligation to information by use of subterfuge). The demonstration disclose material information regarding a company’s focused on three situations: criminal confessions financial health in opinion letters to accountants. The extracted from jailed suspects using “plants” (Illinois presentation involved a defense contractor, Aero v. Perkins); the use of “testers” to expose racial Space Technologies, which was attempting to make discrimination in rental housing; and the use of private a stock offering and was required to provide financial investigators to conduct site investigations in insurance statements to an outside auditor. The skit focused on a coverage litigation for environmental/hazardous waste young associate’s dealings with the company CEO, the liability. outside auditor, and other attorneys. After the presenta- Materials: Facts, Law tion, an ethics expert led a discussion. Presented By: The Charles Fahy AIC, Washington, DC Materials: Facts, Script, Comments Date: 9/13/1990 Presented By: The Charles Fahy AIC, Washington, DC Date: 6/18/1993 P10055 Contact with Represented Individuals Summary: The program began with an introduction by a moderator P10188 Ethics of Discovery: Civil and Criminal followed by four scenes. Each scene examined the extent Summary: The program consisted of four skits involving discovery to which feeral prosecutors may contact individuals who dilemmas for attorneys in civil and criminal litiga- are represented by counsel during the investigations tion. The scenarios touched on the ethical aspects of they are conducting. The program addressed Sixth complete and continuing disclosure during discovery. Amendment and ethical considerations. Materials: Facts, Script Materials: Facts, Script, Law, Articles Presented By: The Tallahassee AIC, Tallahassee, FL Presented By: The Charles Fahy AIC, Washington, DC Date: 2/16/1993 Date: 11/7/1991 P10210 Rule 26 and Civility P10157 To Seal or Not to Seal Summary: The program included a panel discussion focusing Summary: The hypothetical involved motions by a plaintiff and on the need for the amendments to Rule 26 and the a local newspaper to unseal criminal and civil court feasibility and effectiveness of the changed rule. An records during an investigation of sexual abuse charges Inn Master began by giving an overview of the early against a teacher. The movants requested that the days of civil discovery. Two Inn Associates then gave a results of the local school board’s voluntary, confidential presentation highlighting the current deplorable state of AIDS screening program for employees be unsealed. discovery practice. A debate, arguing the pros and cons The school board fought the motion, arguing that the of the new amendments, followed. information was exempt from disclosure under the Materials: Law Public Records Act. A discussion followed an explana- Presented By: The Earl E. O’Connor AIC, Overland Park, KS tion of the hypothetical. Date: 3/15/1994 Materials: Facts, Documents, Bibliography Presented By: The Justice William Glenn Terrell AIC, Tampa, FL P10248 The Accidental Fax Date: 1/0/1900 Summary: The program included a skit in which a document crucial to defense counsel was accidentally faxed to P10162 The Story of Bill Blade’s Wipers ✯ the plaintiff’s attorney. Discussion was held between Summary: The program, presented completely in rhymed verse, scenes addressing the legal and ethical questions took a satirical look at the ethics of fact finding. The faced by both the defense and plaintiff counsel. The ✯ program addressed the duties and ethical objections of program ended with Inn members arguing the issues to an investigating attorney a judge in a mock hearing on admissibility. Materials: Script Materials: Script, Law, Articles Presented By: The Prettyman-Leventhal AIC, Washington, DC Presented by: The Prettyman-Leventhal AIC, Washington, DC Date: 2/22/1993 Date: 10/20/1993

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P10267 Special Problems & Trends in Written P10463 Discovery of E-Mail Discovery and Applicable Rules Summary: This program addressed the issues surrounding the Summary: The program included a presentation by a speaker who discovery of computer generated and computer stored identified and discussed all the recent changes to the documents in litigation. Inn members utilized laptops Federal Rules of Civil Procedure; particular attention to transmit e-mail messages. Participants read was paid to the changes in discovery procedure. In messages aloud to the audience while they typed them. addition, the Inn discussed recent updates to the Ohio The law and motion portion of the skit featured each Local Rules. attorney arguing the motion to compel production of e- Materials: Law mail messages. Presented By: The Franklin AIC, Columbus, OH Materials: Facts, Script, Documents Date: 1/13/1994 Presented By: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA Date: 4/15/1997 P10280 Discovery in the Age of Technology Summary: A hypothetical was used to show the use and misuse P10486 Use of Investigators in Civil, Criminal and of computers during the discovery process. Following Non-Litigation Contexts each of the three acts, there were both practical and Summary: The three part demonstration addressed ethical ethical discussion questions addressing issues posed issues regarding the use of investigators in non- during the demonstration. litigation cases. A real investigator was invited as a Materials: Facts, Questions, Script guest speaker to discuss some of his techniques and Presented By: The Temple AIC, Philadelphia, PA experiences in non litigation cases. A brief skit was Date: 2/2/1995 presented concerning the misuse of investigators in a civil litigation context. This Inn used a member with P10312 A Slippery Dynasty criminal experience to briefly lecture the Inn on the use Summary: This six-part, two year-long program concerned a of investigators in criminal practice. patent infringement and loss of profits suit. It examined Materials: Questions discovery violations related to misdirection of privileged Presented By: The New York County Lawyers’ Association AIC, New information, discovery violations specifically related York, NY to the misdirection of privileged information involving Date: 12/3/1996 privacy rights of parties and the use of in-camera inspections to resolve such matters, problems with P10537 Guidelines for Conduct: Discovery & Hearings Fifth Amendment rights in a civil action when one of Summary: This program presented a four-part skit to demonstrate the parties is a suspect and the impact of immunity, the various problems presented during discovery and use of expert witnesses in areas of new technology, hearings. The skit followed opposing attorneys who jury issues in highly publicized cases, and problems used questionable tactics and reasoning to delay concerning the appellate process in relation to interac- and overwhelm opposing counsel in the discovery tion between appellate counsel and the client. process. At the end of the skit the moderator using Materials: Facts, Questions, Script, Documents, Law, Articles, the Guidelines for Professional Conduct prepared by Bibliography, Comments the Trial Lawyers Section of The Florida Bar, asked for Presented By: The Craig S. Barnard AIC, West Palm Beach, FL comment as to how others would respond, whether any Date: 1/1/1994 one had encountered similar practices, and discussed solutions. The Guidelines were distributed to all Inn P10434 Discovery Mistakes members at the conclusion of the program. Summary: This program assisted in identifying five areas in which Materials: Script both inexperienced attorneys and new lawyers make Presented By: The Tallahassee AIC, Tallahassee, FL mistakes during the discovery process in civil litiga- Date: 4/18/1996 tion. Inn members wrote and performed a short skit for each area, highlighting the context in which discovery P10578 Secrecy In Litigation: mistakes are made. This Inn used clips from ‘real life’ How Far Can You Go to Keep Things Quiet? depositions to demonstrate various points during the Summary: The program covered the various types of secrecy segment regarding video taping depositions. agreements and orders which might arise in the Materials: Documents, Law, Articles, Bibliography ✯ course of a civil lawsuit. Using a hypothetical sexual Presented By: The Louis M. Welsh AIC, San Diego, CA harassment lawsuit, the program dealt with stipulated Date: 12/7/1995 protective orders, the sealing of judicial records, and confidentiality orders. Materials: Script, Questions, Facts, Law Presented By: The C. Edwin Moore AIC, Des Moines, IA Date: 12/1/1998

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P10709 Electronic Discovery: The Future is Now P11027 Congressional Investigations Summary: The program examined the ethical and practical consid- Summary: The program presented a hypothetical situation erations involved in obtaining electronic discovery followed by a video of a roundtable discussion of the in litigation. After a brief skit was presented, a guest MacNeil/Lehrer NewsHour program. The videotape from Electronic Evidence Discovery, Inc. (a company focused on many political issues arising from a that assists lawyers in seeking discovery of electronic congressional investigation. However, the videotape evidence) led a presentation and discussed evidentiary is not included. A moderated discussion followed, issues with the entire Inn. with panelists focusing mainly on privileged issues, Materials: Script, Facts, Questions the extremely political nature of many congressional Presented By: The Charles Fahy AIC, Washington, DC investigations, and the best strategy for protecting the Date: 9/11/1997 client’s interests in a forum that lacks the usual rules that govern litigation. P10783 Informal Discovery Jeopardy Materials: Articles, Law, Bibliography Summary: The group hosted a Jeopardy-style game centered Presented By: The Edward Bennett Williams AIC, Washington, DC around informal discovery. The categories included Date: 4/19/2001 “Inn-vestigations,” “Inn-ternet,” “Inn-side Company Contacts,” “Inn the Shredder” and “Inn-discretions.” P11084 Discovery in the Age of Technology Materials: Questions, Articles, Law Summary: The program addressed issues concerning ethics, Presented by: The George McBurney Business Litigation AIC, civil discovery, and the use of recent advancements Los Angeles, CA in computer software to accomplish a lawyer’s goal of Date: 6/10/1999 zealous advocacy within the bounds of professional responsibility. Two sisters were the sole partners of a P10810 Keeping Your Client’s Business business they decided to dissolve. Each hired counsel Your Client’s Business to protect her interests in connection with the break-up. Summary: This presentation examined practices and procedures One attorney sought to compel discovery and the other available to the lawyer to protect his or her client’s sought a protective order. The judge denied the motion privacy in family law matters. The factual scenario for a protective order, and information taken from the included scandalous, inflammatory and salacious computer files was presented on CD. Opposing counsel allegations, a long-term marriage between prominent restored all previously deleted files and was faced with parties, and issues of child custody. whether it would be ethical or even legal to use the Materials: Script, Law information retrieved. Presented By: The Burta Rhoads Raborn Family Law AIC, Houston, TX Materials: Script, Documents Date: 1/21/1999 Presented By: The Ralph M. Brown AIC, Modesto, CA Date: 10/18/2001 P10818 Class Action Litigation Summary: This program focused on a case study of procedural P11127 A Discovery Carol: and ethical issues that frequently arise in class action ‘Twas the Night Before Disclosure litigation, especially between the period of filing the Summary: This program was the Inn’s Christmas skit and was complaint and the certification of the class. The loosely based on Dickens’ A Christmas Carol. In this program involved a fictional lawsuit pertaining to version, Scrooge is female and must confront the issue employment discrimination on the basis of sex, which of incriminating company production records and her aided in illustrating the four requirements for maintain- responsibility to produce them. ing a class action. Materials: Script Materials: Script, Facts, Law Presented By: The Oliver Ellsworth AIC, Hartford, CT Presented By: The C. H. Ferguson-M. E. White AIC, Tampa, FL Date: 12/19/2002 Date: 1/14/1999 P11193 The Secret in the Box: Discovery Ethics and Professionalism Summary: This program used pre-taped video segments, a PowerPoint presentation and a panel to discuss issues and ethical situtaiton which might arise during the discovery process. The fact pattern for the program is based loosley on the case of a crematory which did not cremate bodies but still accepted fees for doing so, and the resulting lawsuit by the aggreived families. Materials: Facts, Law, Handouts, Video Presented By: The William Augustus Bootle AIC, Macon, GA Date: 4/17/2003

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0033 I Investigationsnvestigations a andnd D Discoveryiscovery.i inddndd 1313 99/16/2005/16/2005 2:57:042:57:04 PMPM 3. Investigations and Discovery

P11196 Investigatory Issues after the USA Patriot Act P11238 Digital Discovery Summary: The presentation was in the form of a discussion before Summary: The focus of this program was the legal, practical and a panel of scholars and practitioners selected to provide ethical issues surrounding electronic discovery. Using broad experience and diverse viewpoints on the USA the common fact pattern of the year-long program, the Patriot Act. After the moderator introduced the panelists, program featured two vignettes, one was an argument the moderator asked the audience a series of questions, on discovery motions before a U.S. magistrate judge, and to which the audience responded by raising their hands. the other was a conversation between an attorney and A short question period followed each panelists’ address. a client. After the skits, two guests lead a discussion on Materials: Articles, Documents, Law, Questions, Handouts the evolving law of electronic discovery and desribed the Presented By: The Edward Bennett Williams AIC, Washington, DC technical aspects of doing digital discovery. Date: 2/20/2003 Materials: Script, Documents, Facts, Law, Handouts Presented By: The Pittsburgh AIC, Pittsburgh, PA P11212 Electronic Evidence in Court Date: 1/22/2004 Summary: The focus of this program was the discovery and use of electronic evidence in criminal proceedings. The P11248 United States (Parrot) Patriot Act program consisted of a series of three hearings which Summary: The presentation summarizes the more relevant changes were interrupted at different times for three sidebars. A that the Patriot Act made to the tracking, gather and handout with copies of relevant electronic documents sharing of evidence and communication information. was provided to the audience. The focus is on the Patriot Act’s expansion of the four Materials: Outline, Script, Articles, Documents, Law, Handouts traditional tools of surveilance used by law enforce- Presented By: The Edward Bennett Williams AIC, Washington, DC ment: wiretaps, search warrants, pen/trap orders and Date: 2/19/2004 subpoenas. The basic format is built upon a hypothetical situation with eight questions intended to get the audience P11220 Electronic Discovery: A Case Study thinking about the issues. The rest of the program use Summary: Based on the 2003 case of Zubulake v. UBS Warburg a PowerPoint presentation on the law governing the and its three published opinions, this program illustrates surveilance tools before and after the Patriot Act. the issues presented when litigants want an opponent Materials: Script, Articles, Law, Questions, Handouts, Disc to reproduce email or other documents. The program Presented By: The Sam A. Crow AIC, Topeka, KS also deals with the issue of who should pay for what Date: 3/4/2004 can be an expensive endeavor. Litigators will appreciate the program’s recognition of a great discovery issue P11282 Law & Disorder and the also appreciate the answer to who pays. Summary: This program dealt with the ethical and legal implications Materials: Script, Documents, Facts, Law, Handouts of tactics used by police officers to obtain confessions. The Presented By: The Sagamore AIC, Indianapolis, IN NEW program is presented in a five scene format followed by a Date: 3/10/2004 panel discussion, and is patterned after a recent case in which jewelry is stolen from an athlete’s hotel room. P11233 I’ve Deleted You Off My Hard Drive, Materials: Outline, Script, Documents, Law, Handouts but I Can’t Get You Out of My Life Presented By: The Temple AIC, Philadelphia, PA Summary: This program addressed the issue of electronic discovery Date: 5/12/2004 by using a four-act play. The plot involved Arnold Schwarzenegger’s slander suit against Larry Flynt which P11295 The E-Prentice: allegedly occurred when Flynt disseminated an email to The E-Trail from the Boardroom to the Courtroom all California voters suggesting the Schwarzenegger had Summary: This program focuses on the plethora of legal and a tummy tuck. The program included a live demonstra- ethical issues, that judges, lawyers and clients face tion of the technology available for recovering email and NEW when dealing with electronically stored information. The discovering its origins. program addresses issues related to electronic discovery Materials: Script, Articles, Video from various perspectives, before and after a sexual Presented By: The Sam A. Crow AIC, Topeka, KS discrimination suit is filed. Date: 9/4/2003 Materials: Script, Articles, Documents, Law, Questions, Handouts Presented By: The Temple AIC, Philadelphia, PA Date: 11/10/2004

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P11296 Criminal Law’s Triple Play: P11334 The Law in Times of Crisis: A Guide to Search & Seizure Possible Revisions to the USA Patriot Act Summary: This program focused on interactions between police Summary: This program addressed potential recommendations and civilians over the issue of search and seizure. The for revisions to the USA Patriot Act to be made by a NEW presentation opened with a clip from The Chris Rock NEW fictitious citizens group, Americans for Freedom and Show related to police stops. The concept of “probable Security. The bylaws of the AFS provided that discus- cause” was also covered and demonstrated using facts sions of such proposals are to be conducted in town from actual cases. The audience was involved using a hall format. One team member was the Chief Examiner, question and answer period after each demonstration. while the rest of the team presented suggestions for Materials: Law, Video loosening or tightening the provisions of the USA Presented By: The Pittsburgh AIC, Pittsburgh, PA Patriot Act. The Chief Examiner consulted with the Date: 2/16/2005 AFS membership, the program audience, and made a recommendation. The AFS membership voted on P11324 Piracy, Privacy, Advocacy: whether to adopt or reject the proposal. The Search for Long Gone Silver Materials: Outline, Documents, Facts, Law, Handouts Summary: The setting of this program was a pirate ship, which Presented By: The George Washington AIC, Washington, DC after raiding the California coast, had amassed a Date: 10/21/2004 NEW fortune of stolen silver. Unfortunately for the crew, the First Mate made off with the ill-gotten gain, and the crew hunter the missing treasure. The Captain and the crew were forced to follow the discovery laws of the state of California. The audience was split into two groups of lawyers that were shanghied by the crew to assist them in following the rules of discovery. Each time a team came up with a correct response, the Captain tossed out a bag of chocolate doubloons to the winning team. Materials: Script, Law, Handouts Presented By: The Earl Warren AIC, Oakland, CA Date: 9/22/2004

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P10003 How to Handle a Lying Client P10249 How to Handle the Lying Witness Summary: The program began with general suggestions for Summary: The program consisted of a skit based on a hypotheti- handling lying clients. The Inn then divided into cal similar to the Nancy Kerrigan/Tonya Harding pupilage groups and discussed problems associated scandal prior to the 1994 Winter Olympics. The skit with terminating representation of a client who is lying addressed ethical dilemmas facing an attorney with a during a deposition or at a civil or criminal trial. The lying witness. The Inn discussed each scene and how groups also discussed the relationship between client the Rules of Professional Responsibility applied. confidentiality and the court’s need to know the basis Materials: Script, Law for a motion to withdraw. Presented By: The Prettyman-Leventhal AIC, Washington, DC Materials: Law, Articles Date: 2/25/1994 Presented By: The Chester Bedell AIC, Jacksonville, FL Date: 3/2/1988 P10287 Depositions Summary: This program, through a series of four short scenarios, P10040 Depositions: dealt with depositions. The four scenarios were failure of The Usual Stipulations, the Usual Problems a deponent to bring documents, ”Coaching” deponents Summary: This demonstration used mock depositions of a plaintiff, by their attorney, the use of documents to refresh his or a safety engineering expert and the former in-house her recollection, and going off the record at depositions. counsel for the defendant in a defective product A discussion followed the scenario presentations. case. The plaintiff’s deposition raised several issues Materials: Questions, Documents, Law, Articles including the “usual stipulation” and the requirement Presented By: The Oliver Ellsworth AIC, Hartford, CT for a witness/party to bring documents requested but Date: 1/19/1995 not subpoenaed and not the subject of a separate request for production of documents. The expert’s P10348 Deposition for Dummies deposition explored whether the expert was required to Summary: This presentation was divided into three parts to testify about other work done for plaintiff’s attorney and demonstrate different components of depositions. The whether the expert was required to produce the entire first was a panel discussion, the second part consisted file of materials provided to him by plaintiff’s counsel. of a demonstration of the taking of a deposition and the Materials: Facts, Script, Documents, Law, Articles, Comments third part of the program concerned a demonstration of Presented By: The Tulane Law School AIC, New Orleans, LA the examination of a witness having trouble remember- Date: 1/22/1990 ing her prior testimony. An Inn discussion on depositions the presentation of skit three. P10074 Preparing for and Taking Depositions: Materials: Facts, Questions, Script, Documents, Documents, Law, The Right and the Wrong Way Articles, Bibliography Summary: The program dealt with the ethical issues confront- Presented By: The Harry Phillips AIC, Nashville, TN ing a lawyer in preparing a witness, dealing with lying Date: 1/16/1996 ✯ witnesses, bringing third parties to depositions, and notifying deponents and opposing counsel P10395 The Right and Wrong Way to Depose a Witness Materials: Facts, Law Summary: This program contained skits related to the prepara- Presented By: The Giles S. Rich AIC, Washington, DC tion for and handling of the deposition of parties to a Date: 3/24/1993 fictional automobile accident. Two skits gave examples of the right way and the wrong way to attempt to P10220 The Lying Client prepare a client for an upcoming deposition. The final Summary: Inn members were given a hypothetical involving an two skits dealt with the depositions themselves. A insurance claim filed in relation to a boating accident. In discussion period followed the skit presentations. the hypothetical, the boat owner intended to lie about Materials: Facts, Script the actual driver of the boat. Members discussed the Presented By: The Donald E. Wieand Sr. AIC, Allentown, PA ethical issues facing an attorney in this situation. Date: 11/15/1995 Materials: Facts, Law, Articles, Bibliography Presented By: The W. Hensel Brown AIC, Lancaster, PA Date: 3/15/1994

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0044 D Depositionsepositions.i inddndd 1 166 99/16/2005/16/2005 3:02:073:02:07 PMPM 4. Depositions

P10464 Creative Ideas & Tactics to Exploit P10642 Difficult Depositions: You Be The Judge Deposition Discovery Summary: Inn members reenacted three real cases in which Summary: The play in this program centered on the personal numerous objections were made during deposition injury lawsuit of man v. bus, focusing on the ✯ discovery of witnesses. “The Difficult Witness” featured depositions during the discovery phase. The program a witness who couldn’t remember, was evasive and stressed the importance of pre-trial depositions, stating non-responsive; “The Difficult Expert” involved an that a majority of cases are resolved before trial due to expert who had not reviewed documents two weeks the persuasion of the deposition testimony. before trial and at trial gave conflicting opinions than Materials: Script, Facts those given in his deposition; and “The Difficult Lawyer” Presented by: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA involved an attorney who made numerous, ungrounded Date: 9/9/1997 objections and was verbally abusive to the opposing attorney and witness. P10489 The Ten Most Frequently Materials: Articles, Facts, Law, Questions, Script Asked Ethics Questions Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Summary: This Inn elicited the top ten most frequently asked Date: 2/18/1998 ethics questions from the state bar. Reading the list in descending order, the pupilage team listed the P10648 Difficult Depositions question, asked for audience comments, and then Summary: The program presented the ultimate “nightmare deposi- discussed the correct answer. Some of the questions tion,” in which the deponent, a televangelist, faked were Can I sleep with my client? Must I report the a heart attack to end an embarrassing deposition. unethical behavior of opposing counsel? Can I Although humorously performed, the program provided represent a husband and wife in a divorce? This several opportunities for discussion on the law and lore program could be presented in a formal or David of depositions. Letterman-like fashion. Materials: Script, Law, Facts Materials: Facts, Questions Presented by: The Hudson-Hall-Wheaton AIC, Tulsa, OK Presented by: The Lorna E. Lockwood AIC, Phoenix, AZ Date: 9/15/1998 Date: 10/10/1997 P10674 Evaluation of Discovery Devices: P10493 Associate's Reaction to When to Use Depositions, Interrogatories Partner's Fraud in Court and Motions, and When Not To Summary: This program explored issues that arouse after a young Summary: The program playfully intertwined a boxing match and eager associate learned that he had been manipu- theme as two lawyers discussed the depositions, ✯ lated in court by a senior partner in his law firm. The interrogatories and motions of a particular case. associate struggled with his own ethical responsibilities to The scenes had a young, energetic lawyer receiving confront or report the partner. This program was intended advice from an older, experienced lawyer, but after to spark discussion from the Inn members about how an each suggestion, a cue-card girl strutted across the associate should handle an unethical partner. stage with a sign reading “WRONG!” or “CORRECT!” Materials: Script depending on the quality of the advice. Presented by: The Sterry R. Waterman AIC, South Royalton, VT Materials: Script, Facts, Law Date: 12/16/1997 Presented by: The Centennial AIC, Flint, MI Date: 10/20/1998 P10504 Lawyer Advertising Summary: This program contained five skits, presented in a P10679 The Accidental Disclosure humorous and informative manner, to demonstrate Summary: The basis of this program centered around a deposi- ethical questions raised by lawyer advertising. Topics tion for a mass tort, wherein the plaintiff inadvertently included: "Infomercial: Dial 1-800-WE-HATE-TO- disclosed too much information after reading the LOSE" and "The Rhyme and Reason of Ethical instruction sheet. The program then proceeded to Advertising." The presentation highlighted debatable discuss from a list of questions which ones were forms of advertising through various mediums. appropriate versus questionable during a deposition. Materials: Bibliography, Script, Articles Materials: Questions, Law Presented by: The Frank Rowe Kenison AIC, Grantham, NH Presented by: The Judge Abner V. McCall AIC, Waco, TX Date: 2/14/1996 Date: 4/22/1998

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P10704 It’s A Wonderful Witness P11201 Objection To Form: Pitfalls & Pointers Summary: The program was presented in a series of scenes Summary: The programs was based on one of the Inn member’s designed to show how to prepare and work with experience at a fourteen day deposition. The underlying witnesses for depositions. Beginning where the classic case involved a dispute over arguably shoddy work in movie It’s a Wonderful Life left off, the scenes followed the remodeling a football stadium. During the deposition, George Bailey through his battle with a chain mega- defense counsel asserted the whole spectrum of obdurate store which engaged in predatory pricing to knock out behavior. Re-enacting portiions of the deposition proved to George’s department store be a marvelous teaching tool for the Inn members. Materials: Script, Questions, Law, Facts Materials: Script, Documents, Law, Handouts Presented By: The Prettyman-Leventhal AIC, Washington, DC Presented By: The Sagamore AIC, Indianapolis, IN Date: 12/15/1998 Date: 9/17/2003

P10815 Deposition Process, Procedure and P11249 Videotaped Depositions: Case of the Use at Trial Dying Witness and the Lying Witness Summary: The program utilized three segments to promote the Summary: This program was designed to address procedures for understanding of civil litigation depositions, emphasizing videotaped depositions, the reasons for choosing them deposition practice, procedure and ethics. The deposition and the witness preparation. was based on a young lawyer who had been sued for Materials: Outline, Video malpractice arising out of her representation of a client in Presented By: The Oakland County Bar Association AIC, an underinsured motorist event under Pennsylvania law. Oakland County, MI Materials: Facts, Script Date: 2/11/2004 Presented by: The Charles F. Greevy, Jr. AIC, Williamsport, PA Date: 2/24/1999 P11315 Civility, Sanity & Winning Summary: This program sought to address the issue of an eroding P10978 Dissecting Bill Gates’ Deposition sense of public service and cultural authority in the Performance—Untold Story v. Microsoft NEW practice of law. Having assumed that a climate of Summary: The program demonstrated what to do or say and what disaffection hung over the legal profession, the presen- not to do or say in a deposition. The participants mainly tation examined ways to increase professional conduct demonstrated the don’ts by way of dissecting Bill Gates’ and revive the profession. actual deposition testimony. Materials: Script, Articles, Law, Handouts Materials: Script, Facts Presented By: The Dean Henry George McMahon AIC, Baton Rouge, LA Presented by: The George McBurney Business Litigation AIC, Date: 9/23/2004 Los Angeles, CA Date: 12/7/2000

P11015 Difficult Depositions— How to Survive and Even Succeed Summary: Utilizing actual deposition, this program examined three separate scenarios. They included the corporate deposition, the combative lawyer v. the obstructionist and the difficult expert. The members reenacted some of the common and flagrant abuses and discussed how to handle them. Materials: Script, Comments, Facts, Law, Bibliography, Questions, Video Presented By: The Lawyers’ Club of San Francisco AIC, San Francisco, CA Date: 2/15/2001

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P10012 An Inside Look at a Settlement Conference P10070 Negotiation: The Art & Science of Aiding or in a Federal Civil Case Eliminating Litigation as the Only Alternative Summary: The program was designed to demonstrate what parties Summary: The program focused on suggestions for developing and attorneys might expect in a settlement conference effective negotiating skills. Specifically, the program set by a federal trial judge or federal magistrate. The dissected the negotiation process into phases and background materials were taken from NITA’s case file, offered suggestions for techniques that would be NITA Fire and Casualty v. Rubino and Sons. A series of effective in each phase. six scenes illustrated the logical steps in a federal case Materials: Bibliography settlement. Following the presentation, Inn members Presented By: The Terry-Carey AIC, Georgetown, DE asked questions and discussed settlement techniques. Date: 3/10/1993 Materials: Facts, Documents Presented By: The Council Oak AIC, Tulsa, OK P10086 Settlement Conferences—Appellate Date: 1/1/1988 Summary: The program depicted an appellate settlement conference. The hypothetical involved a public school superin- P10028 Settlement Negotiations and the Judge’s Role tendent’s directive requiring mandatory drug testing Summary: The pupilage team conducted two mock settlement for all employees and subjecting those testing positive negotiations, one based on a personal injury claim to immediate discharge. In the scenario, the ACLU, on and the other on a divorce case. In the personal injury behalf of several teachers, challenged the policy. settlement negotiation, the judge used strong-arm Materials: Law, Articles, Bibliography tactics, including conferences with counsel, the plaintiff Presented By: The Earl E. O’Connor AIC, Overland Park, KS and the insurance adjuster, to force a settlement. In the Date: 3/16/1993 divorce case, the judge remained uninvolved, letting a case go to trial that easily could have been settled. P10153 Grievance Complaints: After the skits, a discussion followed identifying the Ethics During Negotiations problems with both approaches. Summary: The program included a skit involving settlement Materials: Facts negotiations resulting in filing of a grievance complaint Presented By: The Charles Fahy AIC, Washington, DC against the attorney. After the skit, the Inn divided into Date: 2/4/1988 pupillage teams to discuss one of the ethics charges filed in the complaint. The Inn then reconvened as a P10058 Summary Judgments group and each team presented its conclusions. Summary: A panel discussion was presented focusing on the Materials: Facts, Script, Law, Articles differences between federal and state court handling Presented By: The Justice William Glenn Terrell AIC, Tampa, FL of motions for summary judgment. The panel also Date: 5/11/1993 discussed revisions of rules affecting summary judgment motions and various procedural require- P10168 The Life of a Settlement ments. In conclusion, the panel identified tactics and Summary: The program consisted of a mock settlement negotiation concerns a practitioner should consider when moving followed by a commentary led by the Inn’s judge Masters. for summary judgment. Materials: Script Materials: Articles Presented By: The Edward J. McFetridge AIC, San Francisco, CA Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Date: 11/18/1993 Date: 2/5/1991 P10202 Ethics of Inducing Settlement P10067 Negotiation with the Help of a Judge Summary: The program included a three-act scenario involving a Summary: The program included skits involving a settlement lawsuit arising from the lending activities of a hypotheti- negotiation, directed by a judge, that failed. The simula- cal savings and loan. In the scenario, the parties were tion included conversations between the attorneys, forced into settlement negotiations when the presiding between each attorney and his/her client, and meetings judge, through ethically questionable means, strongly with the presiding judge. discouraged litigation. Materials: Facts Materials: Facts Presented By: The Chief Justice Joseph Branch AIC, Greensboro, NC Presented By: The Robert W. Calvert AIC, Austin TX Date: 10/8/1992 Date: 1/1/1993

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0055 S Settlementettlement NegotiationsNegotiations.i inddndd 1919 99/16/2005/16/2005 3:02:263:02:26 PMPM 5. Settlement Negotiations/Plea Bargaining

P10223 Settlement Conference Procedure P10384 Case Settlement Pitfalls Summary: The program included a mock settlement conference Summary: This program demonstrated some of what a general in a personal injury suit. The program focused on the practitioner would face during personal injury work. A procedural format of settlement conferences. skit concerning a personal injury suit stemming from an Materials: Facts, Script, Law automobile accident demonstrated the negotiations for Presented By: The Sam A. Crow AIC, Topeka, KS settlement with intervention by the court at the parties’ Date: 4/10/1992 request. Issues for discussion included the representation of multiple clients, possible ethical violations by the P10224 Ethics in Litigation bench, and the attorneys’ responsibilities to their clients Summary: This program presented a series of vignettes illustrating and full disclosure issues. different ethical responses to common dilemmas faced Materials: Facts, Script in practice. The dilemmas addressed included ex parte Presented By: The Sterry R. Waterman AIC, South Royalton, VT communications with opposing party’s employees, Date: 3/19/1996 settlement negotiations and the filing of frivolous motions. Each hypothetical was followed by a question P10532 The Art of Cross Examination and answer period. Summary: This program taught the art of cross-examination Materials: Facts, Law through a vignette that featured the cross examina- Presented By: The Sam A. Crow AIC, Topeka, KS tion of an attorney accused of ineffectively assisting a Date: 4/10/1994 client who had been convicted of murder. The cross examiner must prove to the bench that the attorney’s P10237 Plea Bargaining inactivity was not a series of judgment calls but was Summary: The program included a panel discussion of defense incompetent and prejudicial enough to lead to a counsel, prosecutors and jurists. The panel discussed wrongful conviction of his client. the differences in plea bargaining between the Materials: Facts, Bibliography Commonwealth of Virginia and the federal authori- Presented By: The George Washington AIC, Washington, DC ties. The program focused on four areas: 1) Is plea Date: 1/23/1997 bargaining an appropriate resolution? 2) What are the attorneys’ main concerns? 3) How does one deal with P10710 Plea Bargaining: Ethical and Moral Dilemmas lying clients? and 4) How does one protect oneself in the American Criminal Justice System against claims of inadequate representation? Summary: The program examined the moral and ethical dilemmas Materials: Facts, Documents, Law that arise for prosecutors and defense attorneys in Presented By: The I’Anson-Hoffman AIC, Norfolk, VA ✯ connection with plea bargaining, plea linking and Date: 1/12/1994 prosecutorial discretion. The skit demonstrated the risks of going to trial versus accepting a plea. P10252 Decision Analysis Materials: Script, Facts, Questions, Law Summary: The Inn divided into two “firms” representing opposing Presented By: The Charles Fahy AIC, Washington, DC sides in an automobile accident dispute. Each firm Date: 10/16/1997 held a meeting with its client in preparation for a pre- discovery settlement conference. The groups needed P10742 The Hidden Language of Negotiations to obtain certain crucial information about the client Summary: This program emphasized how attorneys miss the and the case and to prepare a proposed settlement. “cues” which would assist them in settlement negotia- An expert in decision analysis observed the two groups ✯ tions. A series of vignettes showed missed opportu- deliberating and offered constructive criticism on their nities as various stages in the litigation process decision-making skills following the exercise. by allowing the audience to read the minds of the Materials: Facts, Documents, Law, Articles characters. The scenes involved a suit arising from the Presented By: The Prettyman-Leventhal AIC, Washington, DC side affects suffered by a man who had taken the new Date: 4/11/1994 miracle drug Niagra. Materials: Script, Comments, Articles, Law P10275 Negotiation: Civility & Ethics Presented By: The Temple AIC, Philadelphia, PA Summary: Through a series of vignettes, the Inn presented Date: 3/10/1999 ethical, tactical and strategic problems in settlement ✯ negotiations. Some of the problems included two P10768 Ethical and Effective Negotiations attorneys wrangling, attorney v. client, the settlement Summary: Based around a slide presentation, the pupilage group conference with the judge heavily favoring one of the presented hypothetical situations concerning ethics and parties, and the misuse of the mediation process. discussed the rules that applied. Materials: Facts, Articles Materials: Facts Presented By: The Boston AIC, Boston, MA Presented By: The Garland R. Walker AIC, Houston, TX Date: 10/19/1994 Date: 11/9/1999

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P10830 Anatomy of a Settlement P11195 Insurance Bad Faith Summary: This program explored some of the dynamics and ethical Summary: This demonstration used facts taken from a case tried issues surrounding the settlement process through two in Luzerne County (PA) in 2001, titled Holock v. Erie skits and a directed discussion. The first skit focused Insurance Exchange. In that case the trial judge wrote on the judge’s role to pressure parties to settle after he an eithy-nine page decision, with 106 findings of fact. had already formulated his decision but had not officially The judge found that the insurer had acted in bad faith announced it. The second skit followed a client who and in violation of 42 Pa. C.S.A. sec. 8371. All members sued his attorney for malpractice after agreeing on a of the pupilage team familiarized themselves with the settlement. The client felt that the settlement his attorney facts and developed a dialog showing the interactions recommended was below market value. between the plantiff’s attorney, the insurance adjuster, Materials: Script, Questions, Articles, Law the insurnace supervisor and other concerned parties. Presented By: The Charles Fahy AIC, Washington, DC The program used a narrator to set up each scene. Date: 11/17/1999 Materials: Script, Facts Presented By: The Guy G. DeFuria AIC, Media, PA P10954 Negotiation Date: 3/1/2003 Summary: This program presented a personal injury skit. Using confidential information from a hypothetical plaintiff P11217 The Settlement Zone and defendant’s case, the participants were asked to Summary: Through the use of a pre-recorded video presentation, negotiate with the opposing party and afterwards, discus- the program examined the ins and outs of settelement sions took place regarding the results of their negotia- negotiation. The video encouraged discussion about topics tions and the effects of revealing certain portions of the ranging from inattentive mediators to unethical counsels. confidential information to gain bargaining positions Materials: Outline, Articles, Questions, Handouts, Video Materials: Script, Questions, Comments Presented By: The Warren J. Ferguson AIC, Orange, CA Presented By: The George Mason AIC, Arlington, VA Date: 3/9/2004 Date: 1/31/2001

P11021 From Apology to Hardball: Practical Techniques for Negotiators Summary: Using the historic Palsgraf v. Long Island Railroad case as its text and context, this program dramatized various techniques in order to teach effective negotiation. The scenes included the railroad’s counsel preparing the porter for testimony, excerpts from Mrs. Palsgraf’s actual trial testimony, opening settlement negotiations and a conversation between Justices Cardozo and Andrews. Materials: Script Presented By: The Edward J. McFetridge AIC, San Francisco, CA Date: 12/20/2000

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0055 S Settlementettlement NegotiationsNegotiations.i inddndd 2121 99/16/2005/16/2005 3:02:293:02:29 PMPM 6. Alternate Dispute Resolution/Mediation/Arbitration

P10169 Mediation P10401 Early Neutral Evaluation Summary: The program re-created an actual mediation. The Summary: This program is designed to demonstrate procedure presentation included role plays of the initial meetings and problems that may arise in an Early Neutral between the parties and subsequent meetings between Evaluation. This program is based on a hypothetical each attorney and his/her client. An experienced suit brought in U.S. District Court by a man and his mediator served as the moderator. wife against Megabank and CEO big-shot for wrongful Materials: Script termination of employment, intentional infliction of Presented by: The Edward J. McFetridge AIC, San Francisco, CA emotional distress, age and ethnic discrimination, Date: 4/27/1993 breach of contract, loss of consortium, negligent infliction of emotional distress, negligence, and promissory P10265 Mini-Trials estoppel arising from the husbands dismissal as a Vice Summary: The program consisted of a combination mini-trial President of Megabank after twenty years of service. A and mock jury trial. The focus of the program was discussion period concludes the program. Eight issues to demonstrate the use of mini-trials as an effective are given to be addressed during the discussion period. means of alternative dispute resolution. Materials: Facts, Questions, Script, Bibliography, Comments Materials: Facts, Documents, Law Presented by: The Central Vermont AIC, Burlington, VT Presented by: The Los Angeles Legion Lex AIC, Los Angeles, CA Date: 11/3/1995 Date: 5/11/1994 P10457 Mediation—The Price is Right P10276 Mediation: Dos and Don’ts Summary: This program began with a brief lecture on mediation. Summary: Using a hypothetical fact situation, this program gave The three-way mediation, which was based on actual examples of mediation dos and don’ts. The presenta- events, involved a dispute over a real estate commis- ✯ tion included the plaintiff’s preparation meeting with his sion. All participants were seated in chairs behind a attorney, the opening of the mediation, and mediation long table. The mediator was flanked by each opposing caucuses. Discussion followed each portion of the skit. party and their representing attorney. When a party Materials: Facts, Script and attorney were not meeting with the mediator, they Presented by: The Temple AIC, Philadelphia, PA donned earmuffs. Date: 1/1/1995 Materials: Facts, Articles Presented by: The Harry Phillips AIC, Nashville, TN P10289 Litigation Resolution by Settlement Date: 4/16/1996 Summary: The program concerned litigation resolution by settlement. It reviewed client psychology, negotiat- P10527 Is Your Mediation Ethical: ing, preparation for settlement, mediation, rules and Ethical Issues for Mediators and Advocates techniques for negotiation. Summary: The program, demonstrated through a mock mediation Materials: Bibliography session, is designed to explore an array of ethical, Presented by: The Robert M. Duncan AIC, Columbus, OH legal and practical issues that may arise in the course Date: 9/21/1995 of mediation. The case involved a suit brought by an individual against a corporation for breach of contract, P10303 Preventive Law: Differential Case wrongful termination, and infliction of emotional Management, Mediation & distress. She alleged that company officials harassed Other Alternative Dispute Resolution Tools her, unfairly criticized her, and finally, fired her on 48 Summary: This program was a two-part reenactment of a pre- hours notice. mediation meeting between attorney and client, in which Materials: Script the client is misinformed on the differences between Presented by: The Charles Fahy AIC, Washington, DC mediation and arbitration and a meeting between a Date: 11/4/1996 volunteer attorney mediator explaining what takes place during mediation to an anxious husband. A discussion P10546 Mediation Dos and Don’ts followed the reenactment on new procedures and new Summary: This program examined mediations through the use roles concerning case management. of a three-part scenario and an Inn survey. A factual Materials: Script, Facts, Documents, Bibliography, Comments scenario concerned a hockey team and a famous ice Presented by: The Paca-Brent AIC, Annapolis, MD skater involved in an accident and their attempt to Date: 11/2/1994 resolve the matter through mediation. The scenario involved the skit participants as well as active participation from the audience members. Materials: Facts, Script, Articles Presented by: The AIC of Acadiana, Lafayette, LA Date: 1/18/1996

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P10602 Alternate Dispute Resolution P10771 Mediation: Summary: After an introductory speech on the steps to a Dispute Resolution For the Millennium successful mediation, the program introduced a family Summary: The program began with an overview of mediation mediation scenario, followed by a question-and-answer versus arbitration and other alternate dispute methods. session related to the scenario. Inn members were A presentation then showed a woman, involved in a then divided into groups to represent opposing sides dispute with her insurance company, discussing the of a mediation after given a set of facts in hopes to pros and cons with her counsel on alternate dispute determine a final resolution. resolutions. Materials: Documents, Facts Materials: Law, Documents, Script, Articles Presented by: The Vassar B. Carlton AIC, Melbourne, FL Presented by: The Pittsburgh AIC, Pittsburgh, PA Date: 11/4/1998 Date: 1/21/1999

P10696 Mediation Styles— P10860 Benefits and Pitfalls of What Works and What Doesn’t Alternative Dispute Resolution Summary: Through a series of brief vignettes, the program Summary: Focusing on mediation for exploration, the program illustrated how to successfully represent a client in examined both mediation skills and ethical issues for mediation. Vignette one featured an easy mannered, a case that involved a contract dispute between two male plaintiff’s lawyer versus a confrontational, computer companies. A guest speaker then answered abrasive male defendant’s lawyer at personal injury questions while exploring the “Ten Ways to Ensure a mediation. Vignette two featured and easy mannered Successful Mediation.” male plaintiff’s lawyer versus and easy mannered male Materials: Script, Questions, Articles, Law defendant’s lawyer at a personal injury mediation. Presented by: The Charles Fahy AIC, Washington, DC Vignette three featured a easy mannered male Date: 3/1/2000 plaintiff’s attorney versus a female defense attorney at a personal injury mediation. P10899 Alternative Dispute Resolution Materials: Articles, Facts, Documents Summary: This role-playing program illustrated that the Contract Presented by: The Justice William Glenn Terrell AIC, Tampa, FL Claims Board applied the Administrative Procedures Date: 3/18/1998 Act to claims involving procurement matters, not the Contract Disputes Act. P10733 Mediation Materials: Script, Bibliography Summary: Inn members illustrated a typical mediation, emphasiz- Presented by: The Prettyman-Leventhal AIC, Washington, DC ing party participation and development of the parties Date: 5/8/2000 real interests as opposed to their “positions”. The presentation showed how options were developed P10902 A Titanic Arbitration to create value for both sides. A discussion of the Summary: This program was part of the series of presentations mediation process followed the demonstration. staged with the common theme of famous cases. The Materials: Facts, Law ✯ program provided an introduction to the alternative Presented by: The Louis M. Welsh AIC, San Diego, CA dispute resolution mechanism of arbitration. The program Date: 9/18/1997 began by playing 5-minute backdrop clips from the movie Titanic and was followed by introductory remarks from P10756 Mediation and the Merchant of Venice the emcee/moderator. In addition to using the Titanic Summary: In a series of programs designed to use the works disaster as a factual backdrop and means to illustrate the of William Shakespeare as a bridge to contemporary process of arbitration, the pupilage group drew upon the issues of law, this program focused on mediation Limitations Act, an arcane federal law. This law allowed techniques. The play consisted of a mediator attempt- the owner or operator of a vessel involved in a casualty ing to reconcile the dispute between Shylock and to petition a federal court to limit its liability exposure to Antonio. the post-casualty of the vessel and her then pending Materials: Articles, Script freight. This was provided the petitioner was able to Presented by: The J. Dudley Digges AIC, Baltimore, MD demonstrate that it lacked privity to or knowledge of the Date: 10/15/1999 acts, events, and/or conditions causing the casualty. The program included two vignettes and a panel discussion. Materials: Script, Comments, Bibliography, Articles Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 4/26/2000

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P10953 A Discussion on the Challenges Faced P11132 Ethical Issues in UM/UIM Arbitration by Judges in Becoming Better Mediators Summary: The program was a seven-act play which took the audience and Lawyers Becoming Better Advocates through an uninsured motorist arbitration from the appoint- in ADR Proceedings ment of arbitrators to the final decision. After the play Summary: This program featured two experienced ADR profes- ended, a conflict disclosure form was drafted and presented sionals as presenters. They discussed the role of the to improve general ehtics amongst Inn members. judge and the lawyer in the mediation process. All the Materials: Script members participated in negotiation exercises and an Presented by: The Guy G. DeFuria AIC, Media, PA open discussion followed. Date: 12/4/2002 Materials: Script Presented by: The Prettyman-Leventhal AIC, Washington, DC P11219 Cohabitation and Alimony: Date: 10/16/2000 Bob + Carol + Ted + Alice + Sam + Sue Summary: This program, presented in a court room setting, explores P11024 Alternative Dispute Resolution—Are There the issue of cohabitation and its effect on alimony using Really Desirable Alternatives to Litigation? the factual scenario, but changing facts. The discussion Summary: This program was a skit addressing the issue of of the program also adressed such issues as the burden alternative dispute resolution. The scene began with of proof, freedom to associate, economic dependence, an executive vice president of an insurance company absolute termination and the drafting of settlement meeting with a business lawyer. The insurance agreements. The attrneys argued their positions on each company was in the process of negotiating a contract of the issues, and after the segement, a Master led the of re-insurance. After weeks of negotiating the general discussion with the membership. agreement was nearly finalized. However, at the last Materials: Outline, Script, Documents, Handouts minute the re-insurance company’s counsel suggested Presented by: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ a final term to be considered. Date: 3/9/2004 Materials: Script, Facts, Law, Bibliography, Articles Presented by: The University of Pennsylvania AIC, Philadelphia, PA P11224 Keeping Your Client Out of Court: Date: 3/20/2001 The ADR Follies Summary: This program focused on pre-litigation dispute resolution. P11036 Advocacy/Adversarial: How to Handle 95 It addressed pertinent issues of client confidentiality, Percent of the Cases You’ll See conflicts of interest, the proposed amendments to the Summary: The program used skits to examine recurring issues in Code of Professional responsibility, and the erroneous the mediation of a civil case, as well as techniques and receipt and use of the opposing party’s settlement solutions to help achieve a successful mediation. The figures. The program consisted of a variety of formats, psychological interplay between attorneys, the role of and each scene raised several ethical dilemmas and client expectation, attorney preparation, and a success- each is designed to be both humorous and enlightening. ful mediation were examined through demonstra- Materials: Script, Law, Articles tions that contrasted successful and unsuccessful Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK approaches. Date: 11/5/2003 Materials: Script, Questions, Facts, Articles, Law Presented by: The Louis M. Welsh AIC, San Diego, CA P11271 Mediation Date: 3/21/2002 Summary: The legal focus of this program was mediation concepts and strategies.This focus was achieved with the use P11102 Mediation: An Adult Only Activity NEW of a panel of three Oregon mediation experts and a Summary: The program depicts three scenes that illustrate: moderator who facilitated the discussion. After the panel 1) court-ordered mediation 2) Lawyer and client discussion, the audience heard from an Oregon Circuit preparation for mediation and 3) the mediation process. Court judge who partcipates in many settlement confer- Each scene is followed by a panel discussion. ences. The entire discussion was videotaped. Materials: Script, Questions, Articles Materials: Outline, Articles, Documents, Law, Video Presented by: The George McBurney Business Litigation AIC, Los Presented By: The Willamette Valley AIC, Salem, OR Angeles, CA Date: 10/21/2004 Date: 4/5/2001

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P11294 Securities Arbitration P11310 Sympathy for the Adjuster: Summary: This program addresses the issue of securities arbitra- When Non-Lawyers Call the Shots tion, including: the law, how arbitration is conducted, and Summary: This program was designed to highlight the ethical and NEW the limited right to appeal. The first part of the program legal dilemmas faced by insurance company defense provides a background of secuities arbitration, focusing NEW counsels, arising out of the dual attorney-client relationship on the decision in McMahon v. Shearson Lehman. with the insured and the insurance company. In an increas- The second part of the program is a mock arbitration ing number of cases, the attorney’s exercise of independent between an investor and a broekr. The third part of the professional judgment has been replaced with complex program is a mock appeal of the arbitration decision to software programs that dictate to the adjuster how much a an Appellate Court, which overturned the other decision. case is worth. Often the adjuster, rather than the attorney, Materials: Documents, Facts, Law, Handouts, Video decided what discovery would be undertaken and what Presented By: The New York AIC, New York, NY the trial strategy would be. This trend raises the question Date: 2/15/2005 of whether policyholders are disadvantaged because their attorneys have divided responsibility and reduced control P11297 Somewhere Over A Mediation over the outcome of the case. Summary: This program examines mediation and related ethical Materials: Outline, Script, Law dilemmas through musical theatre presentations. It Presented By: The Anthony M. Kennedy AIC, Sacramento, CA NEW focuses on a mediation between Dorothy and the Date: 9/21/2004 Wicked Witch concerning a pair of ruby slippers. The Good Witch secures counsel for the parties and sends P11329 Fahrenheit 523 to 727: What You Need to Know them off to mediate the dispute. About Discharge and Dischargeability Materials: Script, Articles, Law, Handouts, Disc Summary: The purpose of this program was to demonstrate how Presented By: The Pittsburgh AIC, Pittsburgh, PA the type of bankruptcy case, whether it be Chapter 7, Date: 3/16/2005 NEW 11, or 13, impacted dischargeability issues. Using the plight of the fictional couple Mordecai and Blanche P11306 Greed, Gold Diggers & The Golden Years Dubois Jones as a backdrop, the program provided Summary: The primary focus of this program was on the civil and an overview of the banruptcy process, discussed criminal implications of taking financial and emotional bankruptcy filings, discussed exemptions and highlighted ✯ advantage of a senior citizen. The program also raised 727 and 523 issues. issues such as when conservatorships are appropri- Materials: Outline, Script, Facts, Law, Questions, Video NEW ate; which individuals are appropriate to be appointed Presented By: The Moller-Foltz AIC, Houston, TX conservators, and what factors the court should consider Date: 10/26/2004 when confronted with competing conservatorship petitions. The program addressed these issues using the familiar tale of Little Orphan Annie and Daddy Warbucks. A little Anna Nicole Smith flair was added to make it more interesting. The program also dealth with such ethical issues as dual representation and unlicensed and incompetent counsel, and the requirments for obtaining a civil harassment restraining order. Materials: Script, Articles, Documents, Law, Handouts Presented By: The Earl Warren AIC, Oakland, CA Date: 11/17/2004

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A. Professionalism and Ethics—General P10118 Dealing with a Lying Client Summary: The program used a hypothetical to demonstrate the P10001 Ethics in Litigation proper procedures to follow when requesting to withdraw Summary: The pupilage group prepared an ethics questionnaire. from a case. A discussion followed that included sugges- Inn members were given 20 minutes to answer the tions on avoiding attorney/client privilege conflicts and questionnaire. The pupilage group then led a discus- unfairly prejudicing the client’s case. sion answering the questions and distributed more Materials: Law, Articles lengthy, prepared answers. Presented by: The W. Hensel Brown AIC, Lancaster, PA Materials: Facts, Documents, Law Date: 4/20/1993 Presented by: The William Sessions AIC, San Antonio, TX Date: 5/8/1987 P10199 Selected Problems in Professionalism Summary: The program began with a review of professional- P10009 The Perjurious Criminal Client: Attorney-Client ism focusing on the Kaye Scholer case. Specifically, Privilege and Effective Assistance of Counsel the program examined the Code of Professionalism Summary: After a brief introduction on attorney/client privilege, with regard to representation of financial institutions. the pupilage team presented three short scenarios Hypotheticals dealing with duties to disclose and involving a court-appointed attorney’s attempts to discovery were used to illustrate common problems. withdraw after learning that his client intends to perjure Materials: Facts, Documents himself on the stand. The demonstration focused on the Presented by: The Louis M. Welsh AIC, San Diego, CA criminal aspects of the situation in an ethical context. Date: 5/14/1993 Materials: Facts, Documents, Law, Articles, Comments Presented by: The I’Anson-Hoffman AIC, Williamsburg, VA P10204 Ethics and Sanctions Date: 1/1/1988 Summary: The program addressed an attorney’s duty when he or she receives opposing counsel’s work product in error. P10022 Ethical Dilemmas for the Trial Lawyer The hypothetical involved a memorandum from the Summary: The demonstration focused on the following ethical plaintiff that is unintentionally delivered to defense counsel. dilemmas: 1) counsel in a personal injury suit asks The memorandum contains the name of a key witness jurors to place themselves in the plaintiff’s shoes; 2) previously undisclosed on the list of witnesses. A discus- a client discloses that a key document is a forgery; sion centered on ethics, obligations and legal questions. 3) a client confesses perjury to counsel after the Materials: Facts, Questions, Script, Comments verdict; 4) opposing counsel injects his/her opinion into Presented by: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA closing argument; 5) conflict of interest; 6) violation of Date: 1/1/1993 a sequestration order; 7) plaintiff fully recovers prior to negotiation settlement in a personal injury case; 8) P10218 Ethics attorney/client privilege; and 9) improper procedure Summary: The program included five vignettes focusing on several during venire. distinct areas of ethics. Among the topics addressed Materials: Facts were accepting cases on contingency fee, inadver- Presented by: The Tulane Law School AIC, New Orleans, LA tent transfer of privileged documents, and conflicts Date: 1/9/1989 of interest. A one-hour lecture on substance abuse followed the skits. P10081 White-Collar Crime Materials: Facts, Law Summary: The program, using a hypothetical involving an FBI Presented by: The Robert M. Duncan AIC, Columbus, OH search warrant on corporate offices, focused on the Date: 3/17/1993 various ethical issues facing attorneys who practice in the white-collar crime area. P10222 L.A. Law on Trial Materials: Facts, Law, Articles, Bibliography Summary: The framework for the program was a panel discussion Presented by: The Earl E. O’Connor AIC, Overland Park, KS of videotaped segments from the L.A. Law television Date: 2/17/1992 ✯ series. The panel included two members from the Office of Chief Disciplinary Counsel, a professor of law, P10095 Case Studies in Ethics a member of the local Circuit Bar Committee and a Summary: This program was broken into three twenty minute presiding judge. segments dealing with hypothetical ethical problems in Materials: Facts, Law civil and criminal practice and judicial ethics. Presented by: The Ross T. Roberts AIC, Kansas City, MO Materials: Script, Facts, Documents, Law, Articles Date: 9/9/1993 Presented by: The Lincoln-Douglas AIC, Springfield, IL Date: 2/19/1992

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P10230 Lawyers: Victims or Vultures P10279 The Trials of Donald Diamond Summary: The program, presented in a Phil Donahue talk- Summary: This program was based on a true story involving a show format, focused on situations in which lawyers rape case and two trials. The first trial, before a judge, take advantage of clients and in which clients take ends with the defendant being found guilty as charged. advantage of lawyers. The guests on the talk show In post-trial motions, the judge reverses her ruling. For included a judge, two lawyers (one victim, one vulture) the second trial, the defendant hires a new lawyer, and two clients (one victim, one vulture). and they present a defense totally inconsistent with Materials: Facts, Documents, Articles defendant’s earlier testimony. There are four versions of Presented by: The Webster-Batchelder AIC, Bedford, NH the meeting between client and counsel, which prompt Date: 4/6/1994 discussion on the propriety, legal and otherwise, of the lawyer’s actions. Applicable case law and Rules of P10248 The Accidental Fax Evidence were incorporated into the program Summary: The program included a skit in which a document Materials: Facts, Script, Comments crucial to defense counsel was accidentally faxed to Presented by: The Temple AIC, Philadelphia, PA ✯ the plaintiff’s attorney. Discussion was held between Date: 11/9/1994 scenes addressing the legal and ethical questions faced by both the defense and plaintiff counsel. The P10294 The Limits of Zealous Representation program ended with Inn members arguing the issues to Summary: The program presented five scenarios on zealous a judge in a mock hearing on admissibility. representation. The scenarios are on videotape, and Materials: Script, Law, Articles ✯ questions and analysis that pertain to each scenario Presented by: The Prettyman-Leventhal AIC, Washington, DC are included with the materials of the program. The Date: 10/20/1993 topics for the scenarios were: 1) the decision to withdraw; 2) ex parte contact with the court; 3) closing P10270 Are Ethical Attorneys arguments; 4) the civil case context; and 5) zealous an Endangered Species? representation with knowledge of factual guilt. Summary: Twenty scenes were presented depicting various ethical Materials: Questions, Documents, Law, Bibliography, Video dilemmas. After each scene, Inn members discussed Presented by: The Willamette Valley AIC, Salem, OR ✯ the ethical issues involved. Date: 2/16/1995 Materials: Facts, Script, Law, Articles Presented by: The Louis M. Welsh AIC, San Deigo, CA P10306 Love Potion Number Nine Date: 12/9/1993 Summary: A hypothetical was used to address several ethical problems with which opposing members of counsel are P10273 Who is the Client? Ethical Questions ✯ confronted. Some of the issues were: ex parte contact When Someone Else Pays Your Bill with current and former employees; giving improper Summary: The program used multiple mini-skits dramatizing a advice to deponent during a deposition; harassment of probate contest that arose after a will was drafted by opposing counsel; undisclosed taping of confidential an attorney at the request of and payment by an elderly conversation between opposing counsel and his client; aunt’s nephew, who, of course, inherits everything in and statements made to the press. the will. Another nephew sues when he discovers he’s Materials: Facts, Questions, Script, Documents, Law, been left out of the will. Bibliography, Comments Materials: Facts, Law Presented by: The William R. Overton AIC, Little Rock, AR Presented by: The Boston AIC, Boston, MA Date: 3/1/1995 Date: 1/10/1995 P10308 Attorney-Client and Work Product Privileges P10274 Lying Friendly Witness/Lying Client Summary: The program was a four-act presentation that Summary: The demonstration, through various skits, followed demonstrated four program topics: attorney/client; attorney/client relationship from initial interview through work product; control group; and inadvertent disclosure. trial and questioned the lawyer’s duty to probe the Each act was followed by a cross-motion to compel and client for truthful responses. argued to the judge, who then sought input from the Inn Materials: Law, Articles and from pre-assigned amici curiae before ruling. Presented by: The Boston AIC, Boston, MA Materials: Facts, Law, Articles, Bibliography, Comments Date: 11/16/1994 Presented by: The Abraham Lincoln AIC, Peoria, IL Date: 3/15/1995

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P10393 What is a Professional? P10515 The Apopka Tales Summary: This entertaining program dramatized a late night team Summary: This program presented the stories of six lawyers meeting, wherein team members were preparing for enroute to Philadelphia, to celebrate the drafting of the their Inn of Court team presentation. Members engaged Constitution. Due to unseasonable frost, the bus broke in a conversation indicating frustration in the group’s down in the town of Apopka and there they remained for inability to come up with a presentation for the up coming six days. The experienced attorneys had faced many meeting. Meanwhile other members brainstormed the ethical issues throughout their years of lawyering. Each most effective methods of delivering a presentation. As night a different attorney shared an entertaining story ideas were discussed, members portrayed characters of an ethical challenge that he had confronted. At the in dramatic vignettes to more effectively address the conclusion of each tale, the attorney led a discussion of question, “What is a Professional?” the ethical issues encountered. Materials: Script, Comments Materials: Script Presented by: The Grand Rapids AIC, Grand Rapids, MI Presented by: The Craig S. Barnard AIC, West Palm Beach, FL Date: 3/4/1996 Date: 8/23/1996

P10444 The Lawyer and the Overzealous Client: P10533 Protecting Your Assets: Can a Lawyer A Client’s Attempt at “Hardball” Litigation Advise a Client to Protect His Assets? Summary: This program included a skit involving ethics in Summary: This program examined the ethical issues and risks that document production where the client refused to confront the defense bar when clients seek their advice produce the documents, destroyed evidence, or and assistance in hiding their assets. Seven scenarios otherwise attempted to circumvent discovery. While the were presented to a panel and the Inn. The following state of Massachusetts has not yet adopted the Model topics were addressed: a) attorneys obligation to inquire Rules of Professional Conduct, the discussion specifi- as to the source of the clients funds; b) the risks of cally addressed how the proposed rules applied to the taking cash for payment of fees; c) accepting real estate behavior illustrated. for payment; and d) issues relating to pending investiga- Materials: Script, Comments, Bibliography tions concerning clients. Presented by: The Boston AIC, Boston, MA Materials: Facts, Questions, Law, Articles, Bibliography, Comments Date: 3/18/1997 Presented by: The Edward Bennett Williams AIC, Washington, DC Date: 4/18/1996 P10446 Attorney-Client Privileges Summary: This program used three scenarios to address issues P10560 Perspectives on Professionalism: A Candid concerning attorney-client privileges. The first scenario Dialogue on the State of Our Profession involved counsel’s invoking the attorney-client privilege Summary: Presented as a Louisiana State Bar CLE program, this when asked whether he advised his client of a missed program began with a brief outline on the state of law court date as instructed by the judge. The second preceding the inception of the American Inns of Court. scenario concerned a client who tampered with After a discussion on the definition of professionalism, a evidence in the presence of counsel. The third scenario group of panelists were given four hypothetical instances concerned a client who advised his attorney he was and asked to select the most professional conclusion. going to commit perjury. Relevant ethical rules and Materials: Script, Bibliography statutory rules were discussed after each scenario. Presented by: The Boston AIC, Boston, MA Materials: Facts, Questions, Articles Date: 12/18/1998 Presented by: The Robert Van Pelt AIC, Lincoln, NE Date: 1/17/1996

P10478 The Inadvertent Disclosure Summary: This program focused on the problem of inadvertent disclosures and whether counsel, making an inadvertent disclosure, had an obligation to advise client of such disclosure. Other topics included: 1) recommended procedure for seeking return of materials disclosed inadvertently; 2) permissible scope of review of inadvertently disclosed documents by counsel to whom documents are inadvertently disclosed; 3) attorney-client privileged documents and 4) work- product privileged documents. Materials: Facts, Script Presented by: The Pittsburgh AIC, Pittsburgh, PA Date: 1/16/1997

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P10561 Practical Illustrations of the Significance of P10577 The Trouble with Lawyers Change From the Model Code to the Model Rules Summary: The program focused on the questionable image of Summary: This program, consisting of skits, was designed to lawyers. A television documentary entitled “The Trouble highlight the significant differences between the Model with Lawyers” was used as an outline of common lay Rules of Conduct as a replacement for the Code of criticisms of attorneys. Short excerpts of three substan- Professional Responsibility. In the first skit, a client tive criticisms of lawyers and the profession were edited challenging a ban on smoking in her workplace asked from the documentary, and members of the team her lawyer to participate in increasingly vocal acts presented a response to each criticism. The purpose in opposition to the ban. The second skit portrayed of each response was to equip lawyers with information a meeting between opposing counsel in which an and methods with which to discuss professional image argument ensued about alleged concealment of the issues with other lawyers and members of the public in most appropriate Rule 30 (b)(6) witness. Another skit an effort to enhance the image of lawyers. illustrated a client who, when seeking representation Materials: Facts, Video to recover total disability benefits from a Workers’ Presented by: The Robert W. Calvert AIC, Austin, TX Compensation insurer, asked the lawyer “hypothetically” Date: 11/18/1997 what would happen if he went to work elsewhere while collecting benefits. P10583 The Ethics of Communicating Materials: Documents, Facts, Law, Questions, Script with a Party’s Employees Presented by: The Boston AIC, Boston, MA Summary: The presentation demonstrated the pitfalls of communi- Date: 9/16/1997 cating ex parte with the employees of a party to a litiga- ✯ tion. In seven vignettes, the Inn followed the odyssey P10563 Overbooking and the Myth of the Firm Trial Date of an attorney who trailed a string of clues that would Summary: The program focused on the frustrations that lawyers, prove a nursing home liable for the wrongful death of clients, and courts have with the inability of the court his former client. As counsel moved on to each new system to provide solid trial dates. A three act skit employee-source, he encountered different ramifica- illustrated how some lawyers attempt to manipulate the tions of Rule 4.2 of the Professional Conduct (adopted system, often bending the rules of ethics. by the House of Delegates of the ABA in August, 1983). Materials: Script, Law Materials: Script Presented by: The Boston AIC, Boston, MA Presented by: The Guy G. DeFuria AIC, Media, PA Date: 1/20/1998 Date: 2/11/1998

P10564 The Reluctant Accomplice: When Partners P10593 A Lawyer For All Seasons Pressure Associates to Break the Rules of Ethics Summary: Comparing the Clinton impeachment to the reign of Henry Summary: The two skit program illustrated the dilemma associates VIII, the program highlighted the ethical dilemmas that face when put in an unethical position by a partner. The face lawyers when their own morals and ethics differ from first skit concerned an associate that was pressured those of their clients. The presentation, performed in full by a partner into misrepresenting their client about costume, also brought up the use of ambiguous words that critical events that took place in chambers. The second lawyers use to avoid potential ethical dilemmas. skit involved an associate who was told by a partner Materials: Script, Comments, Facts to disregard the fact that the key witness might be Presented by: The Stephen R. Booher AIC, Fort Lauderdale, FL lying. The skits identified wrongful behavior and raised Date: 9/1/1998 questions about how it might have been avoided. Materials: Script, Law P10606 Judgement Day: A Lawyer’s Soul on Trial Presented by: The Boston AIC, Boston, MA Summary: This program featured an aggressive and successful Date: 2/11/1998 trial lawyer in God’s courtroom examining scenes from ✯ his life, covering deposition tactics, witness interviews, use of the Internet, and negotiations. A live panel and audience discussion followed each scene to analyze the ethical considerations presented. Materials: Script, Articles, Law Presented by: The Kansas City-Ross T. Roberts AIC, Kansas City, MO Date: 9/10/1998

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P10610 Ethical Situations— P10640 Excruciating Ethical Issues When Going Too Far is Too Far Summary: The program, consisting of two role-plays, portrayed Summary: The program ran the central theme of lawyers going the charges of unethical conduct against two attorneys. too far through three separate skits. Although the skits In each scenario an attorney for the state bar set forth varied in subject matter; including a closing argument, the facts, the charges and the recommended discipline. an illegal termination of employment, and a drunk driving The entire membership was equally divided into six case, they all contain definitive examples of unethical discussion groups and employed to play the role of behavior. A video showed all three original skits. Professional Responsibility Tribunal. After the group Materials: Script, Documents, Articles, Facts reached their conclusions concerning disciplinary Presented by: The Willamette Valley AIC, Salem, OR action, a spokesperson summarized their discussions Date: 4/16/1998 and announced the results. Materials: Bibliography, Facts, Law, Video P10632 Problems in Professional Responsibility Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Summary: The Inn invited a member of the Professional Conduct Date: 10/15/1997 Committee to discuss common concerns that are ✯ raised frequently before the Committee. The speaker P10646 Jerry Springer Presents: began with a brief speech that gave an historical Equal Justice For All? Confessions of perspective on issues brought before the Committee. Ethically Challenged Lawyers & Judges Three original skits on the following topics were Summary: Following the format of a Jerry Springer show, the discussed: the slippery slope of dipping into client program followed ethically challenged guests describing funds, withholding client files after the working relation- a common ethical problem or dilemma relating to the ship has terminated, and failure to disclose or overzeal- practice of law. Corollary to the real show, there were ously misrepresenting facts before the court. individuals planted in the audience to interject with Materials: Script, Documents, Facts, Articles, Law questions and thoughts. Presented by: The Charles C. Doe AIC, Newington, NH Materials: Law, Articles Date: 12/3/1998 Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 11/18/1998 P10633 Attorneys at Heaven’s Gate Summary: The presentation started with members of the Inn P10677 L.A. Law on Trial II retaking their oath of office followed by three vignettes Summary: This program featured a moderator dissecting the legal that contrasted various ethical and moral situations with and ethical fact behind four scenes from the television the oath. Each vignette was followed by a discussion, show L.A. Law. Questions about particular scenes complete with an angel and a devil, as to whether the were given first to a panel of three (a law professor, a attorney’s behavior, in contrast to the oath, should bar member of a local district and a judge) and then to the his entry into heaven. audience for discussion. Materials: Script, Articles Materials: Facts, Documents Presented by: The Charles C. Doe AIC, Newington, NH Presented by: The Judge Abner V. McCall AIC, Waco, TX Date: 9/9/1998 Date: 2/10/1998

P10638 Commandments for P10692 The Lawyer’s Changing Image Maintaining Professionalism Summary: The program utilized a single theme for a series of Summary: To emphasize the pitfalls in maintaining professional- programs throughout the year. The goal was to articulate ism, the program featured a three-part skit followed by and trace the lawyer’s image over the last 20-30 years. a brief narration and group discussion. For additional Each meeting focused on a particular aspect of the interest, a heavenly narrator handed down an ethical public image of lawyers. The first program, entitled “Our commandment following each skit. The commandments Childhood Paradigm”, discussed the traditional image of a were presented on parchment paper with tablet-shaped lawyer as embodied in Abraham Lincoln. The remaining graphics with related citations and materials attached. programs addressed various significant aspects of the Materials: Questions, Script, Articles lawyer’s changing image, including big deals and big Presented by: The Calusa AIC, Fort Myers, FL scams, lawyers in literature (John Grisham), lawyers in Date: 2/17/1998 contemporary media and firm economics. Materials: Script Presented by: The Chicago Lincoln AIC, Chicago, IL Date: 8/1/1997

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P10713 Client Perjury and the Attorney-Client Privilege P10731 Deja Vu All Over Again, The Ethics of Cloning Summary: The three scene presentation addressed broad Summary: The presentation discussed the legal issues, as opposed principles underlying client perjury and attorney/client to moral, religious or medical issues, relevant to cloning. privilege. Each scene illustrated examples of inappro- Questions on how one would advise the client regarding priate or unethical behavior on the part of the lawyers. these issues were addressed. The moderator gave a Materials: Script, Facts, Questions brief overview of scientific information regarding cloning. Presented by: The Charles Fahy AIC, Washington, DC Materials: Facts, Articles, Questions Date: 1/8/1998 Presented by: The Peter M. Elliot AIC, Santa Ana, CA Date: 2/19/1998 P10716 Ethics & Professionalism In and Out of the Courtroom P10734 Jekyll, Esq. v. Hyde, Esq.: Summary: The program was designed to illustrate the differ- Curbing Conduct Unbecoming ences between unprofessional behavior and unethical Summary: The presentation surveyed how the United States ✯ behavior in trial practice. A farcical skit was presented Magistrate Judges and the Superior Court Independent that addressed law office and courtroom behavior Calendar Judges handled disputes between attorneys, surrounding a lawsuit that involved a vehicular collision including their policies on evidentiary and monetary allegedly caused by an intoxicated driver. sanctions. The program culminated with a panel of Materials: Script, Articles, Facts, Law Masters-all judges, who took a series of fact patterns Presented by: The Dean Henry George McMahon AIC, Baton Rouge, LA and discussed how they would handle a particular Date: 4/24/1997 ethical situation in the real world. Materials: Facts, Law P10720 The Attorney-Client Privilege Under Siege Presented by: The Louis M. Welsh AIC, San Diego, CA Summary: The program presented a series of skits raising a wide Date: 10/16/1997 variety of topical attorney-client privilege issues. At the conclusion of each skit, group members led discus- P10754 True Lies: Lawyers’ War Stories sions regarding the privilege issues with reference to Summary: This program followed members of the pupilage team recent developments in the law and ethical concerns. relating “war stories” from their own experiences or Materials: Articles, Law, Script, Facts from those of other lawyers they knew. The audience Presented by: The Edward Bennett Williams AIC, Washington, DC was asked to comment on issues raised in the story, Date: 10/5/1998 then the presenter provided specific authority pertinent to the issue. P10724 Everything I Really Need to Know About Materials: Facts, Law Practicing Law I Learned in Kindergarten Presented by: The Harry Phillips AIC, Nashville, TN Summary: This program addressed the notion that professionalism Date: 10/19/1999 and civility derive not from a set of rules or statutes, but ✯ from the simplest precepts we learned in kindergarten. P10757 Shakespeare, the Law and Morality The presentation, which was in the form of a musical Summary: This program used a slide presentation to take the skit, alternated between scenes depicting “children” audience through some of the arguments of Isabella discussing “The Code of Kindergarten” and vignettes from Shakespeare’s “Measure for Measure” The suggesting ethical dilemmas facing a new associate at program concluded with a review of the interesting a law firm. dead-letter statutes still on the books in Maryland. Materials: Script Materials: Questions Presented by: The AIC of Acadiana, Lafayette, LA Presented by: The J. Dudley Digges AIC, Baltimore, MD Date: 10/15/1998 Date: 11/18/1999

P10730 Ethical Dilemmas, Strategies and Techniques P10788 Professional Responsibilities When Your Client Can’t or Won’t Pay Summary: The scenes in this program followed a rundown and Summary: The demonstration evaluated the issues that lawyers unsuccessful attorney as he considered unethical face when their client cannot pay, including their own solutions to save his practice and self-esteem. ✯ ethical duties and the cost of continuing the relationship. After each of the three scenes, the pupilage group A mock motion allowed the membership to participate in challenged the audience with questions. the decision making process as well as experiencing the Materials: Script, Questions results as decided by a judge. Different factual scenarios Presented by: The Sterry R. Waterman AIC, South Royalton, VT for each practice area were explained to the audience Date: 6/1/1999 before the Motions to Withdraw were heard. Materials: Script, Articles, Documents, Facts, Law Presented by: The Peter M. Elliot AIC, Santa Ana, CA Date: 10/10/1997

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P10789 Withdrawal Symptoms P10820 Who Needs a Lawyer Anyway? Summary: Subtitled “How to Withdraw Without Leaving an Ethical Pro Per Litigants in the Judicial System Mess,” this program used a series of scenes to illustrate Summary: The program addressed the legal and ethical dilemmas the ethical problems faced by an attorney who is fired faced by lawyers and judges when one litigant is self- by the client at the moment settlement has occurred represented. Issues included whether there is any ethical and payment is due. obligation to explain procedures to a pro per litigant, Materials: Script, Law whether the judge should step in to assist a disadvan- Presented by: The Sterry R. Waterman AIC, South Royalton, VT taged pro per litigant, and whether the unfairness of a trial Date: 9/16/1999 with a pro per litigant is grounds for reversal. Materials: Script, Questions, Law, Articles P10791 Crossing the Line— Presented by: The Anthony M. Kennedy AIC, Sacramento, CA Lawyer Compromises, Ethical and Legal Date: 11/16/1999 Summary: The program used various scenarios, in a criminal, civil and domestic context, to illustrate possible situations P10845 Public Service: A Melodrama wherein an attorney may become compromised in his Summary: The focus of the program was to emphasize the ways or her role. A discussion followed each scene focusing a lawyer can be a public servant. A melodrama, similar on the possible compromising position and giving ✯ to the story of Scrooge, was performed, showing a advice on how a lawyer can avoid becoming a witness, money-hungry senior partner being visited by the ghost target, or defendant as a result of his or her involve- of his late, virtuous partner. The ghost pleaded with the ment in a particular matter. senior partner to restore the public spirit which the firm Materials: Comments, Questions, Law, Articles, Facts once had. Presented by: The Charlotte E. Ray AIC, Washington, DC Materials: Script Date: 3/25/1999 Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 10/20/1999 P10792 Withdrawing as Attorney: Ethically Jumping Ship P10853 Law Boat Summary: This program dealt with how to withdraw as attorney Summary: Based on the 70s television classic “The Love Boat,” for a client when the client does not agree to the this presentation featured six vignettes on board the ✯ withdrawal. Two vignettes and a game show conclu- ✯ Law Boat. After each scene, the audience was asked sion, following the plight of a misfortunate pig farmer, to spot the issue in a Family Feud format, as the top colorfully enlightened the audience on the ethical and answers were revealed. The questions for each scene legal ways for an attorney to proceed through this incorporated a wide range of legal issues. difficult maneuver. Materials: Script, Questions, Law Materials: Comments, Script, Facts, Bibliography, Questions Presented by: The Robert G. McGrath AIC, Contra Costa County, CA Presented by: The Honorable Benjamin Aranda, III, AIC, Torrance, CA Date: 3/9/2000 Date: 1/20/1999 P10876 Vignettes from The Moral Compass P10800 John Shipp Memorial Symposium of the American Lawyer on Professionalism, Civility and Ethics Summary: This program took a unique perspective in dealing with Summary: A moderator guided the group through eight scripted the generalized belief that Americans regard lawyers scenarios highlighting different professional and ethical with suspicion and criticism. Taking several actual pitfalls. A panel of members who had previously studied events transcribed in the book, the group performed the scenarios provided substantive comments and legal scenes involving lawyers faced with the choice of analysis, followed by responses from the audience. representing a client’s interest diligently or being truthful Materials: Script, Articles in one’s words and deeds. Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Materials: Script, Questions, Comments Date: 10/20/1999 Presented by: The Judge William E. Doyle AIC, Denver, CO Date: 2/9/2000 P10806 You Make the Call Summary: This program used a football theme to tackle a plethora P10887 Rules Are Made to be Broken of ethical issues. The Inn members divided into teams Summary: This program presented three skits filled with illustrations and then answered questions for a touchdown or of “unwritten rules” which lawyers need to know. The passed the questions off to another group. The pupilage skits were followed by a panel discussion with judges. group played the parts of referees, scorekeeper, and Materials: Script, Comments, Articles the ball-handler. Presented by: The Harry Phillips AIC, Nashville, TN Materials: Questions, Articles, Law, Comments Date: 10/17/2000 Presented by: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ Date: 1/14/1999

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P10888 Civility and Professionalism P10941 Exploring Moral and Ethical Dilemmas Summary: This program presented two skits. The first skit Through the Art of Film addressed various ethical issues. The second skit Summary: This program used film to demonstrate moral and involved a criminal motion and testimony. Ethical ethical dilemmas. The members were divided into issues were the focus of this program. three teams and explored the different dilemmas by Materials: Script, Articles, Comments discussing the law and canons that may apply. Presented by: The Charles F. Greevy, Jr. AIC, Williamsport, PA Materials: Script, Facts, Law, Bibliography, Questions Date: 11/29/2000 Presented by: The Louis M. Welsh AIC, San Diego, CA Date: 11/16/2000 P10905 Rule 1.06 Difficulties Summary: The program focused on what to do when a criminal P10942 Survivor: The Compleat Lawyer defendant wishes to testify falsely. It delved into Summary: The program was modeled after the popular Survivor whether defense counsel should notify the court of his television series. Four lawyers competed to become client’s intent to give perjured testimony, or assist in the ✯ the “Compleat Lawyer”. The term “compleat” was not false testimony. The program also addressed whether defined to the pupilage teams or tribes. The tribes counsel should move to withdraw himself from the case were allowed to consider the work ethic, responsibility and if the court should be recused as a result of its to clients, personal responsibility, civic or community knowledge of the defendant’s intention to testify falsely. activities, interaction with office staff and other lawyers Materials: Script, Questions, Articles, Bibliography and general well roundedness of each lawyer in making Presented by: The Sterry R. Waterman AIC, South Royalton, VT their decisions. The lawyers faced a number of crises Date: 9/19/2000 and personal challenges to test their compleatness. Materials: Script, Bibliography, Comments P10917 The Difficult, Unworthy or Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Just Plain Impossible Client Date: 1/17/2001 Summary: This program included skits that showed examples of difficult clients. Examples were the client who arbitrarily P10943 From the Boardroom to the Courtroom reduces the bill, wants to dictate which lawyers should Summary: This program was based on a fictional corpora- handle that client’s matter(s), wants to dictate litigation tion preparing for an initial public stock offering. It strategy, etc. Further issues were presented for discus- ✯ presented a complex perspective from the inside of sion involving frivolous claims, reasonable basis for the corporate management team. Moderated presen- making claim, client evasiveness and lack of caution/ tations with a series of live vignettes were used to care (“I’ll sign anything…”), client control of discovery raise questions and spark discussion. The questions compliance, document destruction and much more. centered on ethical duties and responsibilities of in- Materials: Script, Articles, Law house and outside corporate counsel to the corpora- Presented by: The University of Pennsylvania AIC, Philadelphia, PA tion, board of directors and the public. Date: 2/20/2001 Materials: Script, Articles, Questions, Comments Presented by: The Warren J. Ferguson AIC, Orange, CA P10928 Ethics Date: 2/13/2001 Summary: This program involved the discussion of distinct ethical problems. Problems were handed out to pupilage P10965 A Child’s Litigation Primer: The Case of the groups and they were instructed to dicuss the problems Golden Rule v. All’s Fair in Love and War and appoint one member to explain the consensus Summary: This program addressed civility, professionalism, and to the full Inn during the program. At the end, one ethical issues. It examined the tensions between the member of the presenting group explained the “answer” Golden Rule, which we all learned growing up and the and noted the alleged correctnesds of the answer. rule of “All’s fair in love and war”, which many apply to Materials: Questions their practice of law. Each act was composed of a child Presented by: The William Glenn Terrell AIC, Tampa, FL scene, a nursery rhyme, and a parallel attorney scene Date: 6/15/1989 presenting similar factual dilemmas. Materials: Script, Comments P10935 Rule 26(A)(1) in Action Presented by: The Judge Albert Tate, Jr. AIC, Lake Charles, LA Summary: This was a three-act play examining how the Date: 4/1/2001 amendments to Rule 26 would be interpreted and effected by plaintiff’s and defendant’s counsel in a products liability action. Materials: Script, Law Presented by: The Earl E. O’Connor AIC, Overland Park, KS Date: 4/19/1994

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P10980 Clients From Hell P11026 Lawyers’ Professionalism Summary: This program took a humorous look at six types of hellish Summary: Three skits on issues related to representing civil clients in short vignettes. They were the Rambo client, the and criminal clients were presented in order to look slow pay client, the unethical client, the non-paying client, at lawyers’ professionalism today. In the first skit, a the only client and the spouse referral. The program customer dismissed her waiter’s warning about the presented six short vignettes. After each presentation, a intensity of the dish she ordered. The customer sued moderator involved both pupils and masters in an interac- the restaurant, claiming she was traumatized by the tive question and answer format seeking to identify the spiciness of the dish. The second skit involved a gas proper and ethical solution for each scenario. station owner sued by his neighbor, who claimed Materials: Script, Comments personal injury and property damage from the station’s Presented by: The Robert Banyard AIC, Santa Ana, CA leaking tanks. The owner went to a lawyer who claimed Date: 1/24/2001 he could help. However, the lawyer did not know anything about personal injury claims resulting from gasoline P11010 We’re Not In Kansas Anymore contamination. In the third skit, a famous entertainer, in Summary: This program was a skit using The Wizard of Oz a divorce dispute, did not want to pay alimony or child characters for exploring possible ethical violations that support for his two children. He instructed his lawyer to would occur if Dorothy and the witch obtained lawyers. threaten his wife with a custody dispute and accusations The prosecutor was faced with the dilemma of losing of abuse as a tactic to make her back down and settle for the star witness to events. The idea was to identify custody of the children. questionable ethical issues that were on the edge and Materials: Script, Articles present them in an entertaining and instructional format Presented by: The Charles C. Doe AIC, Portsmouth, NH that involved both civil and criminal issues. Date: 5/2/2001 Materials: Script, Comments, Law, Bibliography Presented by: The Earl Warren AIC, Oakland, CA P11028 The Effective Ethical Trial Lawyer’s Date: 3/21/2001 Survival Guide Summary: The program used the format of a popular TV show, P11025 Civility! Bah Humbug! Larry King Live, with two firms appearing as guests. One Summary: This skit focused on civility and ethics. The person firm, Good Guys and Friendly, stressed courtesy, profes- who portrayed Scrooge was led by three spirits to view sionalism, the rules of ethics, and the law. The other firm, past, present, and future moments of his life. Each Nasty and Ugly, argued for an anything-goes approach spirit showed him the results of decisions he had made to litigation. The program presented various scenarios regarding the people who worked closely with him. This that might arise in one’s litigation practice, with program trip through time led Scrooge to re-evaluate his ethics guests and the audience asked to comment about how and priorities in his practice and personal life. they would deal with certain issues. Materials: Script Materials: Facts, Articles, Bibliography Presented by: The William L. Gordon AIC, Santa Barbara, CA Presented by: The Justice William Glenn Terrell AIC, Tampa, FL Date: 5/2/2001 Date: 5/15/2001

P11049 Ain’t Misbehavin’: Is Gamesmanship in Litigation Consistent With Professionalism & Civility? Summary: The skit examined several questionable litigation tactics in the context of ethical rules and the norms of civility. A chosen member sat in judgment of one of the Inn’s distinguished members and litigators. The issue presented was whether the member had violated the Inn’s rules on professionalism and civility. Materials: Script, Questions, Articles, Documents, Bibliography, Law Presented by: The Anthony M. Kennedy AIC, Sacramento, CA Date: 5/15/2001

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P11063 Winning at Any Cost P11134 Lawyer Advertising Issues in Florida Summary: The program presented and discussed hypothetical Summary: This program examines lawyer advertising issues situations. One example involved a civil lawsuit with prior through the use of a pre-recorded videotape and a continuations granted at the request of the defendant’s skit. The videotape contains numerous violations of the attorney. The week before the latest trial date, the Florida Bar disciplinary rules governing lawyer advertis- defendant’s lawyer learned that his only expert died of a ing. The second part of the presentation finds an sudden heart attack, and he requested another continu- attorney before the Florida Supreme Court for review ance. The plaintiff denied another continuation because of disciplinary action to be taken. The program can be he hoped to squeeze the defendant into a settlement that adapted to any jurisdiction, and the videotape portion of was considerably less than the case would have been the presentation is particularly entertaining. worth with the expert. The main topics of discussion were Materials: Outline, Script, Law, Comments, Video ethics and legal obligations. Presented by: The Pensacola AIC, Pensacola, FL Materials: Script, Questions, Law Date: 5/16/2002 Presented by: The Santa Clara AIC, San Jose, CA Date: 2/13/2002 P11139 Nancy’s Dilemma Summary: The legal focus of this presentation is the conflict P11064 The Trials of Edward Johnson & Joseph F. Shipp between the duty of a lawyer to preserve the Summary: The program is designed to accomplish three things: confidence of the client, and the right of the lawyer to 1) to acquaint the audience with the U.S. v. Shipp’s role reveal them under certain circumstances. The program at the genesis of ferderalism; 2) to provide a model examines one particular case in which the lawyer’s of professional behavior by demonstrating a lawyer’s services were used in the commission of a fraud and duty to the client; and 3) to expose the audience to the its perpetuation. contributions of the turn-of-the century Black lawyers. Materials: Outline, Script, Articles, Facts, Law, Handouts Materials: Script, Documents Presented by: The Craig S. Barnard AIC, West Palm Beach, FL Presented by: The Harry Phillips AIC, Nashville, TN Date: 3/18/2002 Date: 6/19/2001 P11150 The Lord of the Litigation: P11092 Read the Preamble Trial and Tribulations of Local Counsel Summary: Vignettes based on true experiences focused on Summary: This program dealt with the ethical and legal dilemmas the Preamble to the Model Code of Professional facing a practitioner who is requested to act as local ✯ Responsibility. The first vignette dealt with allegations ✯ counsel for an out-of-state lawyer with whom he has from two independent sources against a lawyer that had limited prior contact. The program was presented in involved how inappropriately the lawyer had expressed an entertaining skit format with characters drawn from herself. The second vignette featured a lawyer who the Lord of the Rings trilogy. Discussions periods were plotted to take money from his firm’s trust account for held between each of the three skits and the epilogue. personal use. The third involved a lawyer who showed Materials: Outline, Script, Law, Articles, Handouts up in court and smelled of alcohol. Presented by: The Temple AIC, Philadelphia, PA Materials: Script Date: 2/12/2003 Presented By: The Judge William R. Overton AIC, Little Rock, AR Date: 2/19/2002 P11153 What to Do About the Lying Client Summary: The pupilage team developed this program to discuss P11113 Vermont Sopranos what to do about clients who lie during interviews, Summary: This program featured an original script demonstrating during pre-trial proceedings outside the courtroom, and the problems and difficult decisions faced by a rural in front of a tribunal. A moderator introduced the subject estate attorney hired by a gangster-like client from New to members at the meeting, and then played some York City. previously taped video segments. The moderator often Materials: Outline, Script, Questions, Articles stopped the tape to lead a discussion on issues raised Presented by: The Sterry R. Waterman AIC, South Royalton, VT by the taped segment and possible courses of action. Date: 1/21/2003 The segments can also be preformed at the meeting as part of a live-action program. Materials: Outline, Script, Articles, Questions Presented by: The John Marshall AIC, Richmond, VA Date: 11/12/2002

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P11155 Ethics or Morals: Does it Make a Difference? P11207 An Oral History of the Practice of Law Summary: Through a play of three acts, the program presented in the 20th Century questions for disucssion involving ethical and moral cases Summary: Recognizing the value of the perspective of time, this an average lawyer must deal with everyday. After each act, program provided a look back at the practice of law a moderator led discussions on questions written before through the eyes of thirteen accomplished lawyers the presentation and distributed to Inn members. and judges from Philadelphia, each of whom has been Materials: Script, Law, Questions practicing law for more than fifty years. They were Presented by: The Warren J. Ferguson AIC, Orange, CA interviewed by members of the Inn who asked them Date: 3/12/2003 questinos about racism, sexism, civility, billable hours, law as a profession and other related topics. P11156 Listen, (Doo Wah Doo), Do You Want Materials: Outline, Articles, Documents, Questions, Video to Know A Secret?: When Winning Isn’t Presented by: The Temple AIC, Philadelphia, PA Everything, It’s the Only Thing Date: 5/7/2003 Summary: This program was designed to highlight ethical and legal dilemmas encountered in representing a minor P11208 Holy Night, Silent Witness ✯ in a controversial civil action, using the decision in Summary: This program dealt with the legal and ethical dilemmas Newdow v. U.S. Congress as a backdrop The discus- facing attorneys involved in cases with child witnesses sion following the skits sparked a lively debate on or child victims, either of whom was reluctant to testify. issues ranging from problems reprsenting clients in Using a Christmas theme, the program addressed a unpopular causes to how a judge should deal with legal issue that is likey to involve Inn members due to anonymous threats. passage of a referendum in November 2003 that will Materials: Outline, Script, Law, Articles, Comments allow for amendment of the state constitution to provide Presented by: The Anthony M. Kennedy AIC, Sacramento, CA for examination of child witnesses/victims via video or Date: 10/15/2003 close-circuit television. Materials: Outline, Script, Articles, Documents, Law, Handouts P11181 To Err is Human… Presented by: The Temple AIC, Philadelphia, PA Summary: This thought-provoking and humorous program uses a Date: 12/10/2003 parody of It’s a Wonderful Life to show the difficulties into which you associated are often placed by their P11221 A Class Act(ion)! employers. Ethical considerations raised include candor Summary: This program addressed the ethical issues that arise in to the tribunal, snitching on another attorney, and the class action lawsuits. Particular attention was paid to ethical and economic considerations raised when the plantiff counsel’s responsibilities to the represen- considering the use of a second chair for a trial. tative plaintiff and the class as a whole, as well as Materials: Script, Law, Questions defense counsel’s duty of candor to the Court. The Presented by: The Boston AIC, Boston, MA program was presented as a skit which told the story Date: 11/18/2002 of a law firm filing a class-action lawsuit against a bank that overcharged each of its mortgagees about P11197 Ethics and Expert Witnesses two dollars a month. The skit was based on an actualy Summary: The purpose of these materials, and the videotaped case, Hoffman v. BancBoston Mortgage Corp. Following vignettes that accompany them, is to educate lawyers, scenes two and three, the moderator led a discus- law students, and judges about the many issues of sion about issues raised by the performance. After the ethics and professionalism that arise in connection with epilogue, the discussion was led by an Inn member the use of expert witnesses in civil cases. who had testified before Congress about the proposed Materials: Script, Questions, Video Class Action Reform Act. Presented by: The William Augustus Bootle AIC, Macon, GA Materials: Outline, Script, Articles, Documents, Law, Handouts Date: 5/19/2003 Presented by: The Temple AIC, Philadelphia, PA Date: 3/9/2004 P11200 Building Your Reputation Summary: This presentation is designed to give more experienced lawyers and younger lawyers an opportunity to share experiences and ideas as they adress tough questions that frequently arise in the practice of law. Each of the dilemmas posed to the audience came from situations in real cases. It is important to note that there are no right or wrong answers to each of the dilemmas. Materials: Outline, Facts, Questions Presented by: The Judge John Scheb AIC, Sarasota, FL Date: 10/14/2003

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P11224 Keeping Your Client Out of Court: P11235 Matters of the Heart…and Mind The ADR Follies Summary: This program focused on the practical, legal and ethical Summary: This program focused on pre-litigation dispute resolu- issues presented to attorneys dealing with a client who tion. It addressed pertinent issues of client confiden- is no longer able to communicate his or her wishes. tiality, conflicts of interest, the proposed amendments They cannot communicate either because they are in to the Code of Professional responsibility, and the a persistent vegitative state or have suffered a serious erroneous receipt and use of the opposing party’s injury rendering them reliant on significant medical care settlement figures. The program consisted of a variety for survivial. In order to gain a full perspective on the of formats, and each scene raised several ethical issues, the panel represented a spectrum of views. dilemmas and each is designed to be both humorous Materials: Outline, Articles, Documents, Facts, Law, Questions, and enlightening. Handouts Materials: Script, Law, Articles Presented by: The Ralph M. Brown AIC, Modesto, CA Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 2/12/2004 Date: 11/5/2003 P11236 A Fool for a Client: How to Deal with P11225 Litigation Conundrums Self-Represented Litigants Summary: This program addressed several litigation conundrums, Summary: The program contains five separate scenes, each one including: 1) bad lawyers and bad judges; 2) the of which depicts an attorney or judge who deals with importance of an Appellate Record; 3) how to deal self-represented litigants and addresses the ethical and with a Pro Se litigant. The program took the format of professional responsibilities related to the same. video clips mimicking David Letterman’s Top 10 List Materials: Outline, Script, Articles, Documents, Law, Questions, interspersed with guest speakers. Handouts Materials: Outline, Documents, Law, Handouts, Video Presented by: The Ralph M. Brown AIC, Modesto, CA Presented by: The Ruth Bader Gisnburg AIC, Oklahoma City, OK Date: 3/18/2004 Date: 1/21/2004 P11308 Frivolous Lawsuits: P11226 Justice and Freedom in High Publicity Cases Cutting Edge or Over the Edge? Summary: This program focused on the legal and ethical Summary: The purpose of the program was to raise ethical and challenges in litigating cases involving high profile legal issues related to the filing and appeal of frivolous clients. The program addresses the issues and NEW lawsuits, and the use of questionable experts to support challenges in a two-part skit that involved pre-trial those lawsuits. Combining the use of a pre-recorded motions requesting a gag order and alleging profiteer- television reality show and a live program script, ing. The final part of the program included two speakers adressed such issues as the legal and ethical standards who discussed ethical obligations and freedom of for frivolous lawsuits, what constitutes a frivolous sppech issues which were raised by the presentation. appeal, and should attorneys be sanctioned and Materials: Script, Articles, Law, Handouts reported for frivolous cases, defenses, and appeals? Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Materials: Outline, Script, Law, Questions, Handouts, Video, Disc Date: 2/18/2004 Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 3/15/2005 P11228 How Did I Get Here and What Do I Do Now?: We Have a Failure to Communicate P11309 Beyond Belief: Truth or Fiction? Summary: The legal focus of this program was the ethical dilemma Summary: This program addressed various professional issues of taking on a client too quickly, dealing with unbundling such as: duty to opposing counsel; prosecutorial issues and conflict issues, and how to resolve a client NEW conduct, and proper judicial decorum. Using the situation that may result in a complaint being lodged Science Fiction Channel television show Beyond Belief: with the bar association. Fact or Fiction as a framework, the team members Materials: Script, Articles, Documents, Law, Handouts, Video presented four different scenes. After each skit, a Presented by: The Willamette Valley AIC, Salem, OR facilitator asked the audience to vote which scenes Date: 3/18/2004 they believe were fictional and which scenes were true cases, and led a discussion after each vote regarding issues raised by each scene. Materials: Outline, Script, Facts, Law, Questions, Handouts Presented By: The Arizona Thurgood Marshall AIC, Phoeniz, AZ Date: 4/28/2004

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P11311 You Are What You Speak: P11335 Civility in the Practice of Law Whether to Promote or Pillory Political Summary: The program used a panel that consisted of a district Correctness in Legal Discourse judge, a magistrate judge and two practicing attorneys Summary: This program explored whether so-called “political NEW to discuss issues of unreasonable conduct by attorneys. correctness” in speech and action should be a Younger members of the team presented short skits NEW component of civility and professionalism in the practice demonstrating unreasonable conduct by an attorney in of law, or whether it unreasonably stifles fair debate. litigation, and the panel discussed ways of dealing with The program also examined how attorneys and judges the problem, whether it made sense to bring the matter should respond to incidents of political incorrectness to the court’s attention, and other ways of dealing with that arise in court, and what responsibility lawyers improper conduct. The panel also entertained questions and law firms have in dealing with politically incorrect and comments directly from the audience. actions of clients directed towards staff or opposing Materials: Script, Questions party and/or counsel. The presentation included three Presented By: The Giles S. Rich AIC, Washington, DC skits, each of which raised different issues and elicited Date: 11/15/2004 a spirited discussion about the subject of poltical correctness in the practice of law. P11338 Judicial Ethics in Law & Motion Practice or How Materials: Outline, Script, Law, Questions, Handouts, Disc to Handle the Dreaded “Motion to Kiss My A**” Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Summary: This program was written as a parody of an actual Date: 10/19/2004 federal court case brought by an inmate against all NEW judges in the federal district. The case involved problems P11315 Civility, Sanity & Winning of judicial ethics that resulted in prisoners who brought Summary: This program sought to address the issue of an eroding action against the judiciary and it involved the manner sense of public service and cultural authority in the in which the judges chose to respond. The script for the NEW practice of law. Having assumed that a climate of presentation involved two “flies on the wall” who were disaffection hung over the legal profession, the presen- dressed in full fly regalia who offered commentary on tation examined ways to increase professional conduct the proceedings that they overheard. and revive the profession. Materials: Outline,Script, Law, Handouts Materials: Script, Articles, Law, Handouts Presented By: The Wray Ladine AIC, Modesto, CA Presented By: The Dean Henry George McMahon AIC, Baton Rouge, LA Date: 3/10/2005 Date: 9/23/2004 P11339 So You Want to Be a Millionaire Lawyer P11325 The Cat Lies, The Lawyer Cries: What’s the Summary: This program challenged Inn members to respond Ethical Rule When the Perjury Flies? to legal trivia questions. Structured as a PowerPoint Summary: This was an original program written entirely in Dr. NEW presentation, the questions involved ethics, statutes, Seuss-style ryhme by an Associate member of the history of the law in Colorado. ✯ team. The mischevious Cat in the Hat was the prevari- Materials: Questions, Disc cating client who in Act I lied to get a job. In Act II, the Presented By: The Rhone-Brackett AIC, Denver, CO NEW Cat proceeded to pile on more lies to cover his tracks Date: 3/24/2005 in a civil suit brought by the mother. In Act III, the Cat perjured himself on the stand. The program dealt with B. Conflicts of Interest how the Cat’s lawyers attempted to meet their ethical obligations in the face of a client who never tells the P10145 Conflicts of Interest—An Attorney Dilemma truth. In between the skits, the Narrator probed the Summary: Four scenarios involving various conflicts of interests audience for their solutions to the lawyers’ dilemmas. in representation were presented for discussion. The success of the program was augmented by The conflicts ranged from an attorney’s represent- wonderful costumes and creative sets. ing numerous individuals within the same defendant Materials: Script, Law, Questions, Handouts corporation to disqualification of an attorney who might Presented By: The Earl Warren AIC, Oakland, CA later become a witness. Date: 4/21/2004 Materials: Facts Presented by: The Theodore Roosevelt AIC, Uniondale, NY Date: 5/7/1993

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P10154 Conflicts of Interest: P10526 Virtual Ethics: Conflicts of Interest The Conflicts Jungle in Modern Litigation in the Year 2000 and Beyond Summary: The program included four vignettes that focused on Summary: The program focused on the interaction between conflicts conflict of interest problems. The areas addressed of interest and changes in the economics and technology included an attorney’s discussing damaging informa- ✯ of lawyering, both today and in the future. The format tion about a client with another attorney, a firm’s of the program consisted of three skits, each followed taking inconsistent positions with subsequent clients, by a discussion period to elicit feedback on the issues a partner’s taking a major client when leaving a presented. The first skit demonstrated how current firm, and the problems associated with representing rules of imputed disqualification have potential to cripple individuals forming a partnership that has interests careers or entire firms as a result of increased inter-firm contrary to those of present clients. The demonstration hiring practices. The last two skits demonstrated two analyzed these issues under the ABA Model Rules of possible responses by the profession and the potential Professional Conduct and pertinent case law. for abuse under each regime: the wholesale embrace Materials: Facts, Law, Articles of screening and the curtailment of the client’s right Presented by: The Justice William Glenn Terrell AIC, Tampa, FL to disqualify an opposing attorney who may have had Date: 4/22/1993 access to the former client’s confidences. Materials: Script, Articles P10505 All That Glitters is not Gold Presented by: The Charles Fahy AIC, Washington, DC Summary: This program, presented in a play format, consisted Date: 10/3/1996 of three short acts. Each act was designed to explore ✯ the potential conflict of interest in representing more P10575 Pro Se or Pro Slay: Tribulations of Litigating than one client. The play also addressed the attorney’s Against Unprepared Parties personal and legal responsibility to evaluate such a Summary: Also titled “Santa and His Elves: A Legal Drama in Three conflict before undertaking the representation. Acts,” this program focused on the ethical dilemmas posed Materials: Script for attorneys when attempting to zealously represent a Presented by: The Frank Rowe Kenison AIC, Grantham, NH client when the opponent is pro se. The program also Date: 11/13/1996 examined the role of the judge in this situation. Materials: Script, Comments, Facts, Law, Articles, Bibliography P10507 Ethical Dilemmas for Lawyers and Judges Presented by: The Temple AIC, Philadelphia, PA Summary: This program featured four vignettes that posed ethical Date: 12/9/1998 dilemmas in the areas of civil law, criminal law, government law and the judiciary. One skit featured a partner P10607 The Pro Se Litigant who helped a long-standing, elderly client settle her Summary: This program consisted of three vignettes, and each estate. Unbeknownst to her or her attorney, the estate vignette was followed by a discussion, The first vignette was of great value. Another partner in the same law examined the termination of representation, the firm represented the firm’s biggest client, a real estate second examined assistnace in discovery, and the third developer, who was planning to build a huge subdivi- assistance at a deposition. sion and wanted to buy the estate. Through coinci- Materials: Script, Questions, Law, Video dence the two partners learn about their respective Presented by: The Pittsburgh AIC, Pittsburgh, PA clients. How should they handle the ethical issues the Date: 1/22/1998 situation has created? Materials: Facts, Questions, Script, Articles P10676 The Walls of Jericho, or Several Ways to Presented by: The Earl Warren AIC, Oakland, CA Achieve Disqualification From Your Job Date: 10/9/1996 Summary: The program examined the possible conflicts present when an attorney is “walled” off from a client due to her prior representation. The program asked if vicarious disqualification was warranted or can an ethical “wall” suffice? Materials: Script, Questions, Law, Facts Presented by: The Richard M. Sangster AIC, Sonoma, Marin & Napa Counties, CA Date: 11/19/1998

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P10714 The Client as Business Partner: P10950 Dr. Feelgood’s Dilemma and the Amazing Advice Attractive Opportunity or Trap for the Unwary? of Captain Conflicts, Contra Major Venality Summary: The skit in this program presented the ethical dilemma Summary: This program presented a melodramatic radio script an idealistic lawyer falls into after he persuaded a followed by a brief discussion. It explored lawyer client to become his partner in a real estate deal. The conflicts of interest not ordinarily considered in profes- dilemma in the scenario occurred when the client’s sional responsibilities training. Some examples previous partner, unaware of this union, approached included, government-private revolving-door issues and the lawyer for advice about said real estate deal. conflict problems for lawyers who take on civic respon- Materials: Script, Documents, Articles sibilities in addition to their regular practice. Presented by: The Charles Fahy AIC, Washington, DC Materials: Script, Articles, Questions, Law Date: 2/5/1998 Presented by: The Prettyman-Leventhal AIC, Washington, DC Date: 12/11/2000 P10743 To Recuse or Abuse: A Risk Assessment Summary: This demonstration raised a number of ethical and legal P11045 Conflicts of Interest: questions surrounding the issue of recusal. Is it proper The Conundrums of Katz & Fish for a law clerk to reveal matters discussed with the Summary: The program focused on the Rules of Professional judge in private? Is it proper to use such information to Conduct and Canons of Ethics, presenting two skits gain a tactical advantage over one’s opponent? What revolving around a law firm. In the first skit, a divorce is the proper response from a judge when counsel has attorney gives money and gifts to his mail courier, who deliberately provoked him to anger? in turn sends business his way. In the second skit, a Materials: Script, Facts, Law law partner accepts a case from someone who is suing Presented by: The Temple AIC, Philadelphia, PA the person she represented a few months earlier. Date: 4/14/1999 Materials: Script, Articles, Law, Bibliography Presented by: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA P10745 Being Professional and Adversarial: Date: 11/13/2001 The Double-Edged Sword Summary: This program consisted of vignettes of attorneys faced P11059 Law and Disorder with the dichotomy of acting professionally and ethically Summary: The skit, based on an actual case, involved a prosecu- versus acting towards economic considerations. The tor as a victim witness. It dealt with some of the ethical skits involved the classic angel/devil approach in pulling dilemmas attorneys face in seemingly routine assign- the attorney’s thoughts toward conflicting goals. ments, as well as potential consequences of decisions. Materials: Script, Articles, Law Issues raised were confidentiality, conflicts, scope of Presented by: The Temple AIC, Philadelphia, PA representation, knowledge of future criminal acts, and Date: 11/9/1999 influence by a non-client paying for legal services. Materials: Script, Law P10819 When Hatred Isn’t Kosher: Presented by: The Boston AIC, Boston, MA Is Speaking Your Mind Going Too Far? Date: 2/1/2002 Summary: This program was designed to stimulate discussion on interface between the First Amendment and the “good P11213 Beyond the Yellow Brick Road: ✯ moral character” requirement for bar membership and Pro Bono Practice in the 21st Century moral turpitude grounds for disbarment. The first skit Summary: This musical skit is based in part on the fairly well took a closer look at the rules for admission into the publicized efforts of some residents in a rural Louisiana bar, while the second skit examined the actions of ✯ area to secure pro bono legal representation to block controversial people after they have become attorneys. the construction of a chemical plant by a Japanese Materials: Script, Comments, Questions, Facts, Documents company in their community. Characters in the skit Presented by: The Anthony M. Kennedy AIC, Sacramento, CA are taken from “The Wizard of Oz,” and song parodies Date: 9/21/1999 are featured throughout the presentation. The songs enhance the entertainment value of the skit and kept P10922 The New Adventures of Tom Sawyer the audience interested. A discussion of the issues “Life on the Mississippi” raised by the skit followed the performance, and those Summary: This program was a skit based on the story of Tom Sawyer, attending the program were provided with a bibliogra- only several years later, with Becky Thatcher being a lawyer phy of legal authorities discussed in the skit. and Aunt Polly putting down her crocheting needles to do Materials: Script, Questions telemarketing. The skit’s focus was on ethics, including Presented by: The AIC of Acadiana, Lafayette, LA conflict of interest, trust accounts, attorney competency, Date: 9/24/2003 disrespect for the court, and state bar proceedings. Materials: Script, Comments Presented by: The Honorable Benjamin Aranda, III, AIC, Torrance, CA Date: 1/9/2001

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P11237 Where’s the Patriot Act: Part I & II C. Attorney/Client Sexual Relations Summary: This program focuses on the right of Congress and the President to balance the needs for security versus P10167 Law Firm Liability Based on Failure to Inquire personal freedoms and civili liberties, through the Patriot Summary: The program included vignettes involving attorneys who Act and Executive Orders and related acts. The first part had established personal relationships with clients. The of the program covers a U.S. District court case that skits focused on the possibility of malpractice claims being winds up in the Supreme Court of the United States. The filed against the attorney for conflict of interest and against second part of the program includes an oral argument the firm for failing to inquire about the relationship. before the Supreme Court of the United States and Materials: Script those justices in deliberation. Presented by: The Montgomery County AIC, Montgomery County, MD Materials: Script, Articles, Documents, Law, Questions, Handouts Date: 5/11/19930 Presented by: The D. R. Smith AIC, Ocala, FL Date: 2/19/2004 P10171 Attorney/Client Sexual Relations Summary: The program debated the need for special ethics rules P11327 You Be the Judge Evidence Program governing attorney/client sexual relations. To illustrate Summary: Using a single fact pattern, the program presented four ✯ the topic, the pupilage team used a talk show format separate scenes that addressed the use of witnesses, based on Geraldo. In a series of three vignettes, a NEW attorney-client privileges and conflicts on interest in panel of attorneys and clients appeared on the show to a bankruptcy case. The debtor attempted to redeem discuss the problems that arose from their engagement consumer-related personal property claimed as exempt in sexual relationships. under the Bankruptcy code. At the end of each scene, Materials: Facts, Law, Articles, Bibliography, Comments the moderator asked the audience specific questions Presented by: The Charles Fahy AIC, Washington, DC which in turned generated a lively dicussion amongst Date: 3/29/1993 all members of the audience. Materials: Script, Facts, Law, Questions, Disc P10370 Three Vignettes on Ethical Issues Presented By: The Moller-Foltz AIC, Houston, TX Summary: This program offered three vignettes which presented Date: 12/1/2004 actions by attorneys that may violate various ethical rules. The scenarios involved an attorney who begins a P11336 Attorney Ethics in Sports and Entertainment divorce prior to a §341 creditors’ meeting, an attorney Summary: This program intended to test a practitioner’s who does not follow up on requests from opposing knowledge of current issues in copyright, trademark, parties and misses crucial filing deadlines, and a NEW and sports and entertainment law. With a specail divorce attorney who invites his new client out to dinner emphasis on ethical rules and concerns, the program and initiates a sexual encounter with her. The ethical was organized as a game show using a panel of violations of the three scenarios were discussed and experts. The program asked questions of the panelists commented upon by a panel. in two ways 1) the pupil members of the team role- Materials: Script, Facts, Questions played as studio audience “clients”, each of whom had Presented by: The William Howard Taft AIC, Ada, OH a legal problem; 2) the show host solicited questions Date: 9/21/1995 from the audience, in repsonse to which the panelists provided answers, based on their experience in the P10777 Lawyers in Love field, in an “Ethical Jeopardy” round. Summary: Staged as a daytime talk show, this program placed the Materials: Outline, Facts, Law pupilage team members as guests on the show playing Presented By: The Giles S. Rich AIC, Washington, DC ✯ lawyers involved in various and unethical relationships Date: 9/21/2004 with other lawyers and with their clients. After each relationship was exposed, the host interviewed members P11340 Conflicts of Interest in Bankruptcy Cases of the audience for their reactions and opinions. An expert Summary: The purpose of this program was to illustrate conflict then discussed the Model Rules of Professional Conduct, of interest issues that face banruptcy attorneys. Using case materials, treatises and law review articles. NEW a PowerPoint presentation, the program presented a Materials: Script, Comments, Articles, Law series of fact patterns, and then prompted the audience Presented By: The Sam A. Crow AIC, Topeka, KS to answer a series of questions about multiple debtors, Date: 1/7/1999 uninsured creditors’ committees, and debtor and guarantor conflicts of interest. Materials: Facts, Questions, Disc Presented By: The Moller-Foltz AIC, Houston, TX Date: 1/26/2005

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P10945 Ethical Issues P10264 Ethics Summary: This program was a skit that focused on ethical issues. Summary: The program consisted of a panel discussion that Its main character was Miss O’Connell, the Irish Dance included D.C. Bar Counsel and a member of the D.C. School owner who was suing her former student and Board of Professional Responsibility. The panel used dance instructor for leaving her school and starting a hypothetical case to illustrate the procedural aspects his own. The attorney hired for the case proposed of a grievance proceeding. The panel also addressed to provide legal services to Miss O’Connell. He also attorneys’ duty to report potential violations and the became personally interested in her. Through candlelit effects of alcohol and substance abuse. dinners and walks through tree groves, he and Miss Materials: Facts O’Connell made decisions affecting the pending case. Presented by: The Edward Bennett Williams AIC, Washington, DC Materials: Script, Facts, Bibliography Date: 4/1/1994 Presented by: The Jerome H. Berenson AIC, Oxnard, CA Date: 4/13/2000 P10318 Attorney Malpractice Summary: This presentation offered explanations of what legal D. Misconduct/Grievance Complaints malpractice is, what damages can be recovered, ✯ defenses against legal malpractice, types of claims, avoiding claims, limitations and deadlines to claims, P10101 Grievance Committee types of legal malpractice, insurance policies, some Summary: Sixteen fact patterns were presented in which an attorney basic dos and don’ts, and some recent Maryland was appearing before a grievance committee. The decisions on legal malpractice. hypotheticals confronted basic problems such as citing to Materials: Documents, Law, Bibliography, Comments legal authority, failing to communicate a settlement offer Presented by: The Montgomery County AIC, Montgomery County, MD to a client, and violations of court orders. A Master acted Date: 12/1/1994 as Bar Counsel and argued why the attorney should be found guilty of the various ethical violations. P10319 Legal Malpractice Materials: Facts, Law Summary: This program showed both legal and ethical malprac- Presented by: The Vassar B. Carlton AIC, Melbourne, FL tice issues. Four short scenes that covered the issues Date: 5/5/1993 pertained to the following: (1) obtaining an overly quick settlement outside an attorney’s area of expertise; (2) P10119 Disciplinary Board of the Supreme Court outright fraud on a client in the context of a coerced Summary: An attorney with the Pennsylvania Disciplinary Board settlement; (3) mistakes, errors in judgment and missent attended the Inn meeting and discussed the most faxes; and (4) a blown statute of limitations. There is also common complaints made regarding attorneys. The an outline of suggested discussion questions organized presentation outlined the disciplinary procedures by scenario. and offered suggestions to avoid having a grievance Materials: Facts, Questions, Script, Law, Articles, Bibliography complaint filed. Presented by: The Charles Fahy AIC, Washington, DC Materials: Documents, Law, Articles Date: 12/1/1994 Presented by: The W. Hensel Brown AIC, Lancaster, PA Date: 11/17/1992 P10970 Why Lawyers Lie Summary: This program was inspired by the book by written by Mark P10176 Bar Counsel Grievances Perlmutter, “Why Lawyers Lie”. Practice specific skits were Summary: The program dealt with avoiding grievances, actions to used to focus on situations routinely faced by lawyers that take when a grievance is filed, and the role of the bar sadly have become occasions for distortion, manipulation counsel in investigating misconduct, with a particular focus and misrepresentation. The presentation’s goal was to on the concerns of associates regarding grievances. focus on the growing lack of civility between lawyers, which Materials: Facts, Documents, Law, Articles, Bibliography engenders litigation escalation and encourages lying. The Presented by: The George Washington AIC, Washington, DC skits examined mediation, deposition, motion for continu- Date: 11/19/1992 ance and trial testimony. Materials: Script, Comments, Facts P10191 Attorney Malpractice Presented by: The Burta Rhoads Raborn Family Law AIC, Houston, TX Summary: The program addressed potential attorney malpractice Date: 4/27/2000 issues raised in civil litigation where mistakes are made leading to inconsistent verdicts, ineffective assistance in criminal defense, and claims based on extension of attorney courtesy. The program used a narrative and question and answer format. Materials: Facts, Law Presented by: The Tallahassee AIC, Tallahassee, FL Date: 5/14/1993

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P11060 Misrepresentations by Counsel P11228 How Did I Get Here and What Do I Do Now?: Summary: The program focused on lying and misrepresentations We Have a Failure to Communicate by counsel. It portrayed an actual case where a DUI had Summary: The legal focus of this program was the ethical dilemma taken place and the defendant left the scene. A friend of of taking on a client too quickly, dealing with unbundling the defendant provided a false alibi with the knowledge issues and conflict issues, and how to resolve a client and approval of the defense attorney. Several years after situation that may result in a complaint being lodged the incident, the bar counsel filed a petition against the with the bar association. attorney, who was found to have violated 12 rules. The Materials: Script, Articles, Documents, Law, Handouts, Video issues raised were candor to the tribunal/court, fairness Presented by: The Willamette Valley AIC, Salem, OR to opposing parties and counsel, felons’ representation, Date: 3/18/2004 the so- called switch rule, and dealings with third parties. Materials: Script, Facts, Law P11266 What Is It? Unethical, Unprofessional, Presented by: The Boston AIC, Boston, MA or Something Else? Date: 1/1/2002 Summary: This demonstration consists of various courtroom vignettes showing the different stages of a case, including pretrial P11166 Uncharged Misconduct Evidence: The Basics NEW argument, jury selection, witness examination, and closing Summary: This program highlighted the impact of uncharged miscon- arguments. The purpose of the program is to demonstrate duct evidence in criminal and civil cases. It also focused common examples of unprofessional conduct that might on basic issues regrading the admissibility of uncharged not be unethical or illegal. The videotape included with this misconduct evdience in criminal and civil cases under the program also contains a conversation between two experi- federal and state rules of evidence. A mock oral argument enced superior court judges which gives some insight into on several motions in limine introduced the issues and the thinking of a judge. presented information on the topic. Materials: Articles, Documents, Law, Handouts, Video Materials: Outline, Script, Articles, Facts, Law Presented by: The Louis M. Welsh AIC, San Diego, CA Presented by: The Owen M. Panner AIC, Portland, OR Date: 12/11/2003 Date: 2/11/2003 P11267 Lunch at Pierre’s P11204 The Extreme Attorney Make-Over Summary: This programs explores whether an attorney is guilty of Summary: This program feature an original skit that addressed unprofessional conduct when he or she 1) fails to report attorney conduct. The first several scenes show a NEW to the court and the opposing counsel jury miscon- number of examples of attorney bad behavior and duct of which he or she becomes aware, or 2) he or misconduct. After the attorney make-over in which the she takes advantage of overheard juror comments to attorney is both chasitsed and instructed by “Spirits advance the client’s case. of the Robe”, the concluding scene reflects lessons Materials: Script, Articles, Documents, Law, Handouts learned by the attorney. The program concluded with Presented by: The Oliver Ellsworth AIC, Hartford, CT a discussion period in which Inn members discussed Date: 3/23/2004 answers to a list of pre-written questions and discussed questions raised by the skit. P11268 Own a Piece of the Rock Materials: Outline, Script, Articles, Documents, Facts, Law, Summary: This program involves a civil action against a mortgage Questions, Handouts broker for defamation. In that litigation, malpractice and Presented by: The Warren J. Ferguson AIC, Orange, CA NEW various violations of the Rules of Professional Conduct Date: 2/9/2004 ensued when the broker’s attorney and her insurance adjuster controlled the litigation without consulting P11216 A Lawyer’s Carole the client. The program included an accompanying Summary: The program was a short dramatic depiction of a lawyer PowerPoint presentation and also incuded a discussion battling alcoholism, but with the help of some fellow period after each act of the skit. lawyers, he is forced to confront his problem and get help. Materials: Script, Facts, Law, Questions, Handouts, Disc The program explores the lawyer’s decline in competence Presented by: The University of Pennsylvania Law School AIC, and professionalism resulting from the addiction, the Philadelphia, PA deterioration of his family relations, resulting disciplinary Date: 3/16/2004 complaints, and the intervention of his fellow lawyers. The story is modeled on Dickens’ “A Christman Carol”, but the last ghost who visits does not show the lawyer his own death, but rather scenes of what the world would be like if he had never become a lawyer. Materials: Script, Articles, Handouts Presented by: The D. R. Smith AIC, Ocala, FL Date: 10/16/2003

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P11276 Judicial Ethics P11335 Civility in the Practice of Law Summary: This program raised ethical questions regarding Summary: The program used a panel that consisted of a district judicial conduct through the use of pre-recorded video judge, a magistrate judge and two practicing attorneys NEW segments and a PowerPoint presentation including a NEW to discuss issues of unreasonable conduct by attorneys. summary of the rules goverened by the Florida Code of Younger members of the team presented short skits Judicial Conduct. demonstrating unreasonable conduct by an attorney in Materials: Law, Questions, Video, Disc litigation, and the panel discussed ways of dealing with Presented by: The William H. Stafford AIC, Tallahassee, FL the problem, whether it made sense to bring the matter Date: 11/1/2004 to the court’s attention, and other ways of dealing with improper conduct. The panel also entertained questions P11284 Three Days Early: The Role of Lawyers in the and comments directly from the audience. Early Swearing-In of Lamar Alexander Materials: Script, Questions Summary: The basis for this program is the three days early swearing- Presented by: The Giles S. Rich AIC, Washington, DC in of Governor-elect Lamar Alexander to prevent Ray Date: 11/15/2004 NEW Blanton, the incumbent Governor from granting commutations that were tainted by an ongoing federal clemency- E. Rule 11 Sanctions for-cash investigation. The program focused on the roles that lawyers played, especially between January 15 and P10087 Professional Ethics: Rule 11 Sanctions January 17, 1979. The lawyers’ activities were examined Summary: The program, based on Program 88-6H (included in the in the context of 1) the constraints of their offices; 2) the materials), included detailed case citations regarding ongoing federal grand jury investigation; 3) the intense Rule 11 sanctions. media and public scrutiny; 4) the lack of legal precedence; Materials: Law 5) the partisan political overtones; 6) and the absence of a Presented by: The Earl E. O’Connor AIC, Overland Park, KS personal relationship among the participants. Date: 11/9/1993 Materials: Script, Articles, Documents, Facts, Law, Handouts, Video, Disc P10627 An Uncivil Reaction Presented by: The Harry Phillips AIC, Nashville, TN Summary: The program, based loosely on a civil action, dealt with Date: 1/18/2005 troubling issues that arose from the trial of the Woburn pollution case (Anderson et al v. Grace & Co., et al). The P11285 Corporate Counsel as Corporate “Watchdogs”: hypothetical trial situation illustrated a small plaintiff’s firm It’s a Good Thing? that was involved in a complex and costly trial to prove Summary: The central character in this musical skit is a “domestic that the municipal water supply was polluted, causing diva” names Martha Hewart. Serious financial difficul- NEW injuries including the death of children. The following ties at her company form the backdrop for a discussion issues were addressed: Rule 11 requirements under of the obligations of Ms. Hewart’s corporate counsel to the 1983 and 1993 Federal Inactments, the attorney as report evidence of fraud to either the board of directors a witness while simultaneously representing the client or the SEC. These obligations are discussed in light of in the case, and the attorney’s ethical responsibility and the Sarbanes-Oxley Act and Louisiana ethics rules. The concerns when responding to a settlement offer. skit does feature several songs, so it is essential that Materials: Articles, Law, Script two actors are willing to sing. Presented by: The Sterry R. Waterman AIC, South Royalton, VT Materials: Outline, Script, Questions Date: 2/11/1998 Presented by: The AIC of Acadiana, Lafayette, LA Date: 9/21/2004

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0077 E Ethicalthical D Dilemmasilemmas.i inddndd 4 444 99/16/2005/16/2005 2:59:552:59:55 PMPM 8. Jury Communication

P10424 Understanding and Working with Juries P10594 Jury Questioning of Trial Witnesses Summary: This program examined the selection and evaluation in Connecticut of juries and preparation of cases in the most effective Summary: Centering on a wrongful death suit, the program manner for a particular jury. The five stages of the focused on whether or not to allow jury questioning of decision-making process, investigation of prospective trial witnesses. The case was presented through pretrial jurors, impaneled jurors, and interviews of jurors after and mock trial phases. At the end of examination, the trial were used to help understand how a jury works. audience/jury posted questions as outlined in previous Materials: Articles instructions. These questions were then debated by Presented by: The Los Angeles Legion Lex AIC, Los Angeles, CA those attending to decide if they should be permitted Date: 5/10/1995 and if any jury misconduct had occurred. Materials: Script, Facts, Articles P10433 Funny Money: Punitive Damages in the 90s Presented by: The Oliver Ellsworth AIC, Hartford, CT Summary: This presentation used a combination of videotape Date: 10/21/1997 interviews of lawyers and retired Appellate Court judges and a live presentation to give an overview of P10600 Grand Jury the successes in the prosecution or defense of punitive Summary: This program provided the background for a series of damage cases. A psychiatrist who specializes in jury lectures on grand juries. The program included a history consulting work offered a presentation on how to select of the grand jury and Florida case law pertaining to grand or deselect problem jurors for punitive damages cases. juries. The Inn followed the lectures with general questions Materials: Facts, Questions, Law, Video to the audience on how they would have advised Monica Presented by: The Louis M. Welsh AIC, San Diego, CA Lewinsky regarding her grand jury testimony. Date: 4/20/1995 Materials: Articles Presented by: The Vassar B. Carlton AIC, Viera, FL P10543 Jury Voir Dire: It’s for Me to Know and Date: 9/2/1998 You to Find Out Summary: This program was intended to sharpen the skills of all P10609 How a Jury Looks at a Discrimination Case members when drafting questions for, and conducting, Summary: This program reviewed a discrimination case that was a mock voir dire of a jury panel. The program encour- recently tried in a local Federal court. After opening aged the members of each team to become better statements to familiarize the Inn with the facts, a acquainted with the pupil members of their team by moderator and the audience asked questions to a few requiring each team to prepare its pupil members, on members of the actual jury from the case. short notice, to actually conduct the voir dire. Materials: Law, Articles, Questions Materials: Facts Presented by: The Pittsburgh AIC, Pittsburgh, PA Presented by: The James C. Adkins, Jr. AIC, Gainesville, FL Date: 4/16/1998 Date: 3/20/1997 P10658 Do Jurors and Attorneys Perceive a P10545 Welcome to Cook Islands: Post Trial Collection Particular Trial the Same? Summary: Using a hypothetical case, this program featured a client Summary: The program demonstrated whether and to what extent who pursued a malpractice lawsuit against his attorney. jurors’ perceptions of evidence, objections, witnesses, The client was injured when a hot cup of coffee spilled attorneys, and case presentation differed from the on him in a convenience store. He was sure the case trial attorneys’ perceptions of the same matters in the was a “slam dunk” worth millions. His attorney blew the same civil trial. The presentation centered on a panel Statute of Limitations by failing to file within one year of five jurors from a recently concluded civil medical of the injury. The client’s new attorney must research negligence action that was tried to a defendant’s verdict. whether 1) the prior attorney is insured and 2) how they Materials: Questions can discover his policy limits before a suit is filed. Pre- Presented by: The Frank Rowe Kenison AIC, Hanover, NH litigation asset search is also discussed. Date: 10/8/1997 Materials: Questions Presented by: The William P. Gray Legion Lex AIC, Santa Ana, CA Date: 5/14/1997

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P10706 The Indictment of Ham Sandwich— P11041 The Jurors’ Verdict on Lawyers and the Courts A Study of the Grand Jury Summary: The program presented experiences and perceptions of Summary: The program featured a brief history and function of former jurors regarding lawyers and the courts. Jurors the grand jury, rules of grand jury secrecy, and the were given a questionnaire about their experiences. reasons behind those rules. The program then shifted The areas ranked were opening statement, direct to a dramatic presentation concerning the indictment testimony, cross-examination, and closing arguments. of Ham Sandwich, a Superior Court Commissioner After questionnaire results were presented, a panel charged with participation in an interstate condiment discussion was held. theft ring. The scenes explained the perils of testify- Materials: Script, Questions ing before a grand jury and the legal rights that Ham Presented by: The Harry Phillips AIC, Nashville, TN Sandwich could exercise. Date: 1/15/2001 Materials: Outline, Facts, Video Presented by: The Sandra Day O’Connor AIC, Phoenix, AZ P11109 The Jurors’ Verdict on Lawyers and the Courts Date: 10/20/1998 Summary: This program was desigend to present comments of former jurors abou their experiences and perceptions of P10766 Jury Trial Innovations lawyers and the courts. The comments were presented Summary: The program began with a report on the results of in written form through a PowerPoint presentation a recent juror’s poll. The moderator then challenged interspersed with live comments from six former jurors. the Inn to come up with new innovations that would Materials: Outline, Questions, Comments help the jury trial system. Discussions were lead from Presented by: The Harry Phillips AIC, Nashville, TN both the viewpoints of the bench and the bar on their Date: 1/15/2002 perceptions of certain innovations. Materials: Questions, Articles, Bibliography P11267 Lunch at Pierre’s Presented by: The Vassar B. Carlton AIC, Viera, FL Summary: This programs explores whether an attorney is guilty of Date: 10/6/1999 unprofessional conduct when he or she 1) fails to report NEW to the court and the opposing counsel jury misconduct of P11032 Virtual Bus Tours: Alternatives to Proof at Trial which he or she becomes aware, or 2) he or she takes on Patent Office Practices and Procedures advantage of overheard juror comments to advance the Summary: The program consisted of vignettes that addressed how client’s case. jurors in patent infringement actions should be informed Materials: Script, Articles, Documents, Law, Handouts of the practices and procedures of the Patent Office. Presented by: The Oliver Ellsworth AIC, Hartford, CT Strategy meetings of defendant’s counsel, plaintiff’s Date: 3/23/2004 counsel, and an excerpt of a mock pre-trial conference took place, exploring current methods to instruct jurors. P11298 The Jury Trial is Vanishing: Materials: Script, Bibliography, Law Should Anyone Care? Presented by: The Benjamin Franklin AIC, Philadelphia, PA Summary: This program addressed the topic of the diminishing Date: 11/7/2001 number of jury trials taking place in the legal system. ✯ The program also examined the consequnces of that trend. The presentation involved an entertaining skit NEW that told the story of a jury trial scheduled in a products liability case. The focus of the skit was on the attorneys, as the plaintiff’s law firm was forced to use attorneys without significant trial experience, and the defendant’s law firm was unable to measure the client’s potential exposure since the client had either settled or sought mediation. After each scene, moderators led a discussion addressing such issues as : 1) the value of jury trials; 2) the value to attorneys of jury verdicts entered in other cases; 3) the potential atrophy of attorney’s advocacy skills as jury trials diminish, and the effect on less experienced attorneys; and 4) the public benefit that derives from jury trials. Materials: Script, Acrticles, Facts, Questions, Handouts Presented by: The Temple AIC, Philadelphia, PA Date: 3/9/2005

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P10283 The Use of Jury Consultants P10580 Jury Instructions— to Develop Trial Themes Special Verdicts & Jury Interrogatories Summary: This program used a jury consulting firm to demonstrate Summary: The program, presented in two segments, featured how jury consultants, with the use of a deliberation group a panel of five members from the Tennessee Pattern designed to match perspective jurors, can assist trial Jury Instructions Commission. Each member spoke counsel with themes to use during voir dire, opening briefly regarding the changes to jury instructions and statements, questioning of witnesses and closing the reasons for those changes. The second segment arguments. Facts from a real case and two “mock” juries, featured several short mock hearings and an overview of selected from members of the Inn, were used for the role the evolution of jury verdicts and jury interrogatories. play portion of the presentation. Materials: Facts, Documents, Law Materials: Facts, Questions, Script, Documents, Articles, Comments Presented by: The Harry Phillips AIC, Nashville TN Presented by: The Earl E. O’Connor AIC, Overland Park, KS Date: 1/20/1998 Date: 1/17/1995 P10584 Jury Communications: Issues and Innovations P10328 Looking Through the Keyhole: Focus Groups Summary: The program highlighted effective ways to communicate Summary: This program, presented in lecture format, addressed with a jury by utilizing a videotaped panel discussion of issues that surround focus groups/mock jury presenta- recent jurors. The presentation compared the passive tions. Issues presented included how and why we use legal model versus the active educator model. Jurors on mock jury trials, when and where to hold them, the the videotape were asked to comment on their decision process of screening perspective participants, reliability process, what they liked or disliked about attorney’s of results and how to use them to develop trial themes, presentations, what helped or hindered their understand- and cost factors. ing of the case, and how they would change the process. Materials: Documents, Articles Materials: Questions, Articles, Video Presented by: The Louis M. Welsh AIC, San Diego, CA Presented by: The Santa Clara AIC, San Jose, CA Date: 3/8/1995 Date: 10/8/1998

P10349 Byrd in the Hand: Summary Judgment Redux P10681 Jurors—How They Make Decisions and Their Summary: This program offered various summary judgments Views of the Process and its Participants pertaining to nuisance and negligence, landlord-tenant, Summary: The Inn examined two civil jury trials that went to qualified immunity of police officer and wrongful death plaintiff’s verdicts. Using these cases as subjects, the cases. A federal summary judgment trilogy was also Inn then contacted the actual jurors of each trial to solicit provided. The program was presented in a panel their participation in a panel discussion. Open discussion discussion format. was encouraged between the jurors and the audience. Materials: Facts, Bibliography, Law, Articles Materials: Articles, Documents, Facts, Law Presented by: The Harry Phillips AIC, Nashville, TN Presented by: The Council Oak AIC, Tulsa, OK Date: 5/21/1996 Date: 1/20/1998

P10494 Snippets of Jury Voir Dire: State v. Wally Mind P10687 Jury Selection in High Profile Cases Summary: This three-scene program explored issues of jury voir Summary: Using the Hanafi hostage trial of the mid 1970s as a dire and the examination of juror knowledge and bias. reference, this program utilized role playing to discuss Jury nullification and a defendant’s right to be present the difficulties of jury selection in a case involving pretrial at trial were also discussed. Cast members were publicity, the anticipation of a lengthy trial, race and assigned to study one or two of the cases on the list of religion, and many defendants. authorities so that during discussion the panel would Materials: Articles, Facts have resident, case-by-case experts. Presented by: The William B. Bryant AIC, Washington, DC Materials: Script Date: 10/15/1998 Presented by: The Sterry R. Waterman AIC, South Royalton, VT Date: 3/11/1997 P10712 Jurors as Active Participants: Justice or Just-A-Mess Summary: The program explored issues of jury participation through the trial of Billy Backbiter, who allegedly bit his mistress, Beatrice Bicuspid. Discussion topics included the function of the jury, the attitude and conduct of jurors, a jurors’ duty to deliberate, and the influence a judge has on the jury. Materials: Script, Facts, Questions Presented by: The Charles Fahy AIC, Washington, DC Date: 12/4/1997

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0099 J Juryury S Selectionelection.i inddndd 4 477 99/16/2005/16/2005 3:04:033:04:03 PMPM 9. Jury Selection

P10717 Communicating Effectively with Jurors P11128 Jury Selection Exercise Summary: The presentation, using a hypothetical case, illustrated Summary: This program was designed to educate young lawyers the opportunities and challenges of the high-technol- about jury selection by invovling them in a mock jury ogy courtroom. The program took place in a courtroom selection. Young lawyers are assisted by more experi- which contained a variety of state-of-the-art electronic enced trial lawyers that take the opportunity to discuss equipment: computer monitors for the judge, jurors, many of the standards, factors, and values that they counsel, and courtroom clerk, as well as a 37 inch use in jury selection. monitor for spectators; a PC docking station for the Materials: Outline, Articles, Facts judge; a network computer for the judge’s law clerk; Presented by: The Judge John M. Scheb AIC, Bradenton, FL a podium equipped with an ELMO video presenter, Date: 1/28/2003 a VCR, a Pentium computer with CD; and real-time transcription of witness testimony and bench confer- P11273 Judge or Jury? ences. The program also reviewed some of the Summary: The presentation examined the factors to consider in innovations being explored by judges to foster effective deciding whether a case is best served by a bench communication with juries. NEW or jury trial. Factual scenarios, presented via video, Materials: Articles were used as the context for client and counsel confer- Presented by: The Edward Bennett Williams AIC, Washington, DC ences with both the plaintiff and the defendant. A panel Date: 11/26/1997 discussion, with audience participation, followed and considered the differences between state, federal, P11078 Jury of Her Peers criminal, and civil cases. Summary: This program provided practical do’s and don’ts Materials: Outline, Articles, Facts, Law, Video regarding the role of peremptory challenges in jury Presented by: The Louis M. Welsh AIC, San Diego, CA ✯ selection. A mock jury was selected for a trial based on Date: 10/21/2004 the dramatized facts of an 1899 homicide that involved stereotypical gender issues. The following discussion P11274 Jury Consultants in High-Profile Cases included instruction on the law regarding peremptory Summary: This program used a panel discussion to discuss challenges, practical advice on articulating a nondis- the use of jury consultants generally, but highlighted criminatory basis for a strike, demonstrations, and NEW the 2001 trial of an individual charged with a church philosophical exchanges regarding the role and future bombing in Birmingham. The program utilized one of of peremptory strikes in jury selection. the consultants for the actual trial, and his presentation Materials: Script, Questions, Bibliography served as the framework for the program. In addition to Presented by: The Sam A. Crow AIC, Topeka, KS the panel discussion, the program used relevant cases, Date: 9/6/2001 articles, and a pamphlet on jury selection. Materials: Outline, Articles, Law, Handouts P11090 People v. Big Bad Wolf Presented by: The Edward Bennett Williams AIC, Washington, DC Summary: This program focused on the difficulties in representing Date: 11/18/2004 an unpopular defendant by using the story of the three ✯ little pigs and turning it into a trial of the Big Bad Wolf. P11286 Anatomy of a Trial: Jury Selection B.B. Wolf was accused of blowing down the houses Summary: The focus of this program was jury selection in civil of Cyril and Clive Pig and attempted to blow down the cases before a federal court. The program also house of their brother, Nigel. Pretrial publicity about Mr. NEW addressed jury selection in criminal cases and the Wolf’s history, and that of his family, created difficulties Pennsylvania Court of Common Pleas. The discussion for the defense. The jury was potentially tainted and featured a jury administrator who explained the entire the continued press cover-age influenced the residents process, from questionnaires for prospective jurors to of Pigsylvania County. These issues, and that of the follow-up surveys. The program also used skit to show use of peremptory challenges, were covered in pretrial the preparation of voir dire questions, a judge consider- motions. The judge seemed to favor the prosecution and ing the questions, and the actual voir dire hearing. the prosecutor viewed the publicity of the trial as a way to Materials: Script, Documents, Questions challenge the current district attorney in the next election. Presented by: The Pittsburgh AIC, Pittsburgh, PA Materials: Script, Bibliography, Documents, Facts Date: 3/18/2004 Presented by: The Earl Warren AIC, Oakland, CA Date: 3/20/2002

48 2005–2006 Program Catalog

0099 J Juryury S Selectionelection.i inddndd 4 488 99/16/2005/16/2005 3:04:063:04:06 PMPM 9. Jury Selection

P11299 Juror Biases: Uncovering Them; Using Them: P11301 Voir Dire as Tort Reform How Far Can You Go? Summary: This program addressed the issue of tort reform as seen Summary: This timely program tackled the issues of voir dire, biases, through the prism of the jury selection process. Using and jury selection in an entertaining and interactive NEW a four scene skit and jury questionnaires, which were NEW format. A prerecorded video clip from a mock trial in Texas handed out to every member, the program examined the was used to jump start the program, after which a Jury concept of juror bias and how to uncover that bias. A Commissioner explained the jury selection process. After lively audience discussion followed the presentation. the skit, a professional jury consultant led a discussion Materials: Script, Articles, Handouts covering some of the underlying issues related to biases. Presented by: The Temple AIC, Philadelphia, PA Materials: Script, Articles, Documents, Law, Handouts, Video Date: 1/12/2005 Presented by: The Temple AIC, Philadelphia, PA Date: 2/9/2005

2005–2006 Program Catalog 49

0099 J Juryury S Selectionelection.i inddndd 4 499 99/16/2005/16/2005 3:04:063:04:06 PMPM 10. Voir Dire

P10020 Voir Dire Examination P10109 Demonstrative Jury Voir Dire Summary: Four lay jurors attended the meeting and answered Summary: A series of three examples of demonstrative voir dire questions as prospective jurors in a DWI accident case was presented based upon the trial of an African- with both civil and criminal aspects. The civil case was American male charged with armed robbery. based on a product liability claim against the manufac- Materials: Facts, Law, Articles turer of the victim’s automobile. The demonstration Presented by: The Thomas E. Fairchild AIC, Milwaukee, WI proceeded with juror examination, followed by a discus- Date: 1/27/1993 sion of various techniques. Materials: Facts P10113 Voir Dire Presented by: The Robert A. Banyard AIC, Santa Ana, CA Summary: The program used the NITA case file Potter v. The Date: 2/2/1988 Shrackle Construction Co. to demonstrate common problems and techniques to avoid during voir dire. P10021 Jury Selection and Voir Dire Examination Mock jury questionnaires were used that highlighted Summary: The demonstration used an asbestos wrongful death the problem areas. case to illustrate the procedure required in selecting a Materials: Facts, Questions, Law, Articles jury, including voir dire. Prior to the demonstration, a Presented by: The Southern Illinois AIC, Carbondale, IL handout was distributed explaining the different ways Date: 9/8/1992 in which juries are selected. For the demonstration, Inn members were randomly selected to act as jurors and P10116 Effective Jury Selection Techniques were given biographical sketches. Summary: The program was a shortened yet realistic jury voir dire. Materials: Facts, Questions The court asked preliminary voir dire questions followed Presented by: The Tulane Law School AIC, New Orleans, LA by attorney voir dire. Each attorney exercised peremp- Date: 10/17/1988 tory challenges and then explained his or her voir dire goals and the reasons behind each challenge. The P10049 Jury Selection Post Batson jurors were then asked to comment on certain biases and Leesville Concrete they had that had not been disclosed. Summary: The program included demonstrations of voir dire Materials: Facts, Documents, Law examination, peremptory challenges, Batson objections, Presented by: The Leo A. Deegan AIC, Riverside, CA and evidentiary hearings in three hypotheticals. The Date: 4/2/1993 hypotheticals were developed to highlight the changes in the use of peremptory challenges after the Batson P10124 A Jury of Her Peers and Leesville Concrete cases. Summary: A pupilage team conducted a voir dire program based Materials: Facts, Law on facts from Susan Glaspell’s article “A Jury of Her Presented by: The Judge Fred Fudickar, Jr. AIC, Monroe, LA Peers.” The article was distributed to members prior to Date: 10/14/1991 the meeting, and a panel led a discussion identifying issues that should be addressed in a jury voir dire. P10051 Voir Dire Materials: Articles Summary: Two Inn Barristers conducted voir dire examination of Presented by: The William Howard Taft AIC, Ada, OH a panel of jurors selected from the Inn. Panelists were Date: 9/17/1992 instructed to demonstrate various biases. Inn Masters commented on the presentation and provided practical P10228 A Look at Voir Dire advice on the proper use of peremptory challenges, Summary: The program included three scenes focused on factors to consider in evaluating potential jurors, and preparing for and conducting a voir dire examination in how to rehabilitate appealing panelists who may appear an automobile accident trial. The first scene involved to be tainted. a young lawyer developing a strategy for voir dire with Materials: Law, Articles older attorneys. The second and third scenes involved Presented by: The Pensacola AIC, Pensacola, FL the courtroom and jury selection. Date: 12/5/1991 Materials: Facts, Script Presented by: The Desmond J. McTighe AIC, Morristown, PA P10083 Voir Dire: Limitations on Date: 4/21/1994 Peremptory Challenges Summary: The program included a mock voir dire. The presentation focused on the racial limitations of peremptory challenges. Materials: Facts, Law, Articles Presented by: The Earl E. O’Connor AIC, Overland Park, KS Date: 11/10/1992

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1100 V Voiroir D Direire.i inddndd 5 500 99/16/2005/16/2005 3:04:203:04:20 PMPM 10. Voir Dire

P10794 Babs Duckhead v. Sheik Youra Bouti P11274 Jury Consultants in High-Profile Cases Summary: This program covered the voir dire and jury selection of a Summary: This program used a panel discussion to discuss case that involved a previously convicted woman whose the use of jury consultants generally, but highlighted cosmetically enhanced breasts were injured in a car NEW the 2001 trial of an individual charged with a church accident with a wealthy Iraqi sheik. The program includes bombing in Birmingham. The program utilized one of a script and points of discussion for each section. the consultants for the actual trial, and his presentation Materials: Script, Questions served as the framework for the program. In addition to Presented by: The James Kent AIC, Hampton Roads, VA the panel discussion, the program used relevant cases, Date: 1/25/1999 articles, and a pamphlet on jury selection. Materials: Outline, Articles, Law, Handouts P10812 Voir Dire and Jury Trial Innovations— Presented by: The Edward Bennett Williams AIC, Washington, DC Case of the Dog Killed by Off-Duty Officer Date: 11/18/2004 Summary: Based on an actual trial, the program was designed to get attorneys to focus on the thought and organization P11286 Anatomy of a Trial: Jury Selection involved in preparing for voir dire as opposed to the Summary: The focus of this program was jury selection in civil style of asking voir dire questions. Once the charged cases before a federal court. The program also fact pattern was given and the suit outlined, audience NEW addressed jury selection in criminal cases and the members separated into groups of four and prepared Pennsylvania Court of Common Pleas. The discussion and presented their questions to the jury portrayed by featured a jury administrator who explained the entire the pupilage group. process, from questionnaires for prospective jurors to Materials: Facts, Documents, Law, Articles follow-up surveys. The program also used skit to show Presented by: The Owen M. Panner AIC, Portland, OR the preparation of voir dire questions, a judge consider- Date: 10/12/1999 ing the questions, and the actual voir dire hearing. Materials: Script, Documents, Questions P10881 Voir Dire Follies Presented by: The Pittsburgh AIC, Pittsburgh, PA Summary: Through five short skits, members of the group Date: 3/18/2004 presented a separate voir dire problem. After a fact pattern was given, a group member moved for relief, as P11299 Juror Biases: Uncovering Them; Using Them: a judge either granted or denied it. Another judge acted How Far Can You Go? in an appellate capacity and either upheld or reversed Summary: This timely program tackled the issues of voir dire, the decision. biases, and jury selection in an entertaining and Materials: Script, Facts, Questions, Bibliography NEW interactive format. A prerecorded video clip from a Presented by: The Lorna E. Lockwood AIC, Phoenix, AZ mock trial in Texas was used to jump start the program, Date: 3/15/2000 after which a jury commissioner explained the jury selection process. After the skit, a professional jury P10957 Opening Statements & Voir Dire consultant led a discussion covering some of the Summary: For this program a master was used to introduce the underlying issues related to biases. subject and to briefly discuss the importance of openings Materials: Script, Articles, Documents, Law, Handouts, Video and voir dire. A videotape was shown giving examples Presented by: The Temple AIC, Philadelphia, PA of great Openings. A second speaker spoke on the topic Date: 2/9/2005 of Voir Dire, followed with discussion and questions. Materials: Script, Articles, Video P11301 Voir Dire as Tort Reform Presented by: The Vassar B. Carlton AIC, Viera, FL Summary: This program addressed the issue of tort reform as Date: 3/6/2001 seen through the prism of the jury selection process. NEW Using a four scene skit and jury questionnaries, which P11136 Sixteen Years of Batson: Are We There Yet? were handed out to every member, the program Summary: This program provides an historical overview of Batson examined the concept of juror bias and how to uncover and uses a mock Voir Dire proceeding to demonstrate that bias. A lively audience discussion followed the the procedural and philosophical problems with presentation. applying Batson. A moderator solicited answers from Materials: Script, Articles, Handouts a written test handed out before the presnetation Presented by: The Temple AIC, Philadelphia, PA and explained answers and provided the historical Date: 1/12/2005 background leading to Batson. Materials: Outline, Script, Facts, Law, Handouts Presented by: The Sam A. Crow AIC, Topeka, KS Date: 10/3/2002

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1100 V Voiroir D Direire.i inddndd 5 511 99/16/2005/16/2005 3:04:283:04:28 PMPM 11. Opening Statements

P10026 Opening Statements P10542 Opening Statements: Jones v. Clinton Summary: The program consisted of two parts. The first was a Summary: This program began with a brief instructional lecture demonstration of opening statements from a negligent regarding opening statements. The Inn was divided into operation of a motor vehicle case. Two members gave eight teams. Each team was given a written fact pattern opening statements, which were then critiqued by the with Federal sexual harassment guidelines regarding Inn. The second part was a discussion of the results the Jones v. Clinton civil law suit. The teams were given of a poll of local judges conducted by a judge Master twenty minutes to prepare an opening statement, for regarding opening statements. either the plaintiff or the defendant, based upon the Materials: Articles, Comments fact summary. A representative from each team was Presented by: The Aloha AIC, Honolulu, HI selected to present its opening statement. After each Date: 1/20/1988 pair of plaintiff/defendant opening statements, the moderator led a short critique and discussion, using P10096 Opening Statements instructional guidelines developed by the National Summary: The program included a demonstration of opening Institute for Trial Advocacy (NITA). statements in a hypothetical case developed by Materials: Facts, Comments the pupilage team. After the demonstration, the Inn Presented by: The James C. Adkins, Jr. AIC, Gainesville, FL discussed techniques and objections. The Inn also Date: 2/20/1997 addressed findings on opening statements that appeared in a National Law Journal poll. P11287 Anatomy of a Trial: The Trial Materials: Articles Summary: This session was the culmination of a year-long series of Presented by: The Lincoln-Douglas AIC, Springfield, IL programs focusing on a common fact pattern, the shooting Date: 4/21/1993 NEW of Alex Trebec by his lighting manager. This program was the trial of the lighting manager and focused on openings, P10194 Voir Dire and Opening Statements direct- & cross-examination, and closings. Summary: A pupilage team conducted voir dire and opening state- Materials: Script, Questions ments in an arson case. Following the demonstration, a Presented By: The Pittsburgh AIC, Pittsburgh, PA judge Master led a discussion critiquing the performances. Date: 4/14/2004 Materials: Facts Presented by: The Franklin AIC, Columbus, OH P11302 A Pretrial Valentine’s Carol Date: 10/14/1992 Summary: This program was a play based on Charles Dickens’ A Christmas Carol and addressed the issue of trial P10197 Themes NEW preparation. A new attorney was unprepared on the Summary: The program focused on the importance of developing eve of his first jury trial. He tried to pull an all-nighter a case theme. A panel discussion was held that but dozed off and was visited by spirits that prepared identified several techniques for choosing and him for different phases of the trial and each brought a implementing a theme. section of the trial notebook. Materials: Law Materials: Script, Articles, Law, Handouts Presented by: The Louis M. Welsh AIC, San Diego, CA Presented By: The Sam A. Crow AIC, Topeka, KS Date: 3/29/1993 Date: 3/3/2005

P10269 Playing the Hand You’re Dealt Summary: The program focused on constructing effective opening statements. Two Inn Masters presented opening statements in seven difficult scenarios. After each area was presented, a moderator led a discussion. Additionally, two Barristers presented the law on the issue, and Master judges detailed the results of a judicial poll they had taken regarding opening statements. Materials: Facts, Documents, Law, Articles Presented by: The Louis M. Welsh AIC, San Deigo, CA Date: 11/18/1993

52 2005–2006 Program Catalog

1111 O Openingpening S Statementstatements. inddindd 5252 99/16/2005/16/2005 3:06:033:06:03 PMPM 12. Direct and Cross-Examination of Witnesses

P10013 Direct and Cross-Examination P10148 How to Handle the Lying Client/ of an Economist Lying Friendly Witness Summary: Direct and cross-examination of an economist was Summary: The program explored the dual obligations of attorneys presented from an actual permanent disability case. A to represent their client fully while striving to assure direct examination was presented, with predetermined ✯ that perjury does not come before the court. The errors to provide a vehicle for discussion. An error-free program presented scenarios in both civil and criminal cross-examination followed, with a discussion led by an contexts illustrating the dilemmas and duties attorneys Inn Master. commonly face. Materials: Facts, Documents, Law Materials: Script Presented by: The C.H. Ferguson-M.E. White AIC, Tampa, FL Presented by: The Abraham Lincoln AIC, Peoria, IL Date: 4/1/1988 Date: 1/15/1993

P10077 Mother Goose Does Impeachment P10208 The Art of Cross-Examination Summary: This innovative program used fairy tale characters to Summary: The program analyzed the Federal and Florida Rules illustrate impeachment techniques and problems. “Dick” of Evidence and how they apply to cross-examination. and “Jane” were portrayed as attorneys examining and Specifically, the use of prior inconsistent statements, cross-examining several characters. “Mother Goose” prior criminal record, learned treatises, and the was a judge who continually made incorrect rulings. impeachment of expert witnesses were discussed. “Mr. Rogers” gave instructional commentary on correct Several trial scenes were presented to demonstrate impeachment practices. As a supplement, the team proper cross-examination technique. compiled the applicable Florida and Federal Rules and Materials: Facts, Law, Articles included an explanation of proper usage of each of the Presented by: The Pensacola AIC, Pensacola, FL addressed rules. Date: 1/1/1994 Materials: Script, Law Presented by: The Pensacola AIC, Pensacola, FL P10468 Direct and Cross-Examination of Witnesses Date: 4/1/1993 Summary: The program presented direct and cross-examination in an entertaining format by replicating actual trial P10111 Simulation of Trial Testimony of proceedings. Emphasis was placed on pupil participa- Plaintiff in a Personal Injury Suit tion to aid in learning the art of examination. Pupils Summary: The pupilage team presented the direct and were enlisted as examining attorneys. A mythical cross-examination of a plaintiff in a product liability case, Coker v. Mythical City Trophies, Inc., et. al., was case. Comments and discussion centered on how utilized especially for its trial skills training, because various styles of direct and cross-examination might the case record was balanced so as not to favor influence a jury. plaintiff or defendant. The witnesses purposely made Materials: Facts, Documents interrogation difficult for the students by answering with Presented by: The Thomas E. Fairchild AIC, Milwaukee, WI objectionable and evasive responses on the stand. Date: 11/5/1992 Materials: Facts, Documents, Articles Presented by: The Chester Bedell AIC, Jacksonville, FL P10120 Preparation, Direct and Cross-Examination of Date: 2/12/1997 a Difficult Witness Summary: The program, separated into three parts, focused P10711 The Trial of Lizzie Borden: on the preparation, direct, and cross-examination of A Masterpiece of Cross-Examination a difficult witness in a criminal case. A discussion Summary: The program focused on the science and technique followed with a question and answer session. of cross-examining a witness. The Inn presented an Materials: Facts, Documents excerpt from the actual transcript of the Lizzie Borden Presented by: The W. Hensel Brown AIC, Lancaster, PA trial, in which the defense counsel conducted a brilliant Date: 5/25/1993 cross-examination of the prosecution’s chief witness. Materials: Script, Facts, Questions P10125 Direct and Cross-Examination Presented by: The Charles Fahy AIC, Washington, DC Summary: A panel discussion was presented that focused on Date: 11/6/1997 effective strategies for direct and cross-examination. Panel members related their personal experiences in each particular area. Materials: Outline, Law Presented by: The William Howard Taft, Ada, OH Date: 11/17/1992

2005–2006 Program Catalog 53

1122 D Directirect a andnd CrossCross- ExaminationExamination. inddindd 5353 99/16/2005/16/2005 3:06:283:06:28 PMPM 12. Direct and Cross-Examination of Witnesses

P10753 Lies, Damned Lies and Statistics P10858 Monday Night at the Movies: Summary: This program was designed to acquaint the audience Handling Witnesses at Trial with the types of cases in which statistical evidence Summary: Using short clips from such movies as Civil Action and ✯ had proven useful, to review Tennessee cases discuss- Witness for the Prosecution, the group illustrated good ing the use of statistics and to demonstrate effective and bad examples of witness selection and preparation, techniques of examining and cross-examining experts direct and cross-examination of a witness, handling who use statistical data. special types of cross-examinations and the use of Materials: Law, Articles, Questions, Video technology. Presented by: The Harry Phillips AIC, Nashville, TN Materials: Bibliography, Questions, Articles Date: 4/20/1999 Presented by: The Prettyman-Leventhal AIC, Washington, DC Date: 2/14/2000 P10763 Examining the Lay Witness Summary: The program was based on four connected scenes P11137 Trial Practice/Back to Basics: dealing with the examination of a lay witness. While the Direct Examination and Closing Argument vignettes were laced with humor, the scenes produced Summary: This program focused on the use of technology by a many examples of advantageous and disadvantageous prosecutor who used sophisticated computer exhibits methods for both direct and cross-examinations. during direct examination and closing argument. Materials: Script, Facts, Articles Materials: Comments, Bibliography Presented by: The Vassar B. Carlton AIC, Viera, FL Presented by: The Edward Bennett Williams AIC, Washington, DC Date: 3/3/1999 Date: 1/16/2003

P10796 Grand Delusion: The Anatomy of a Lie P11287 Anatomy of a Trial: The Trial Summary: After a neuro-linguist explained how to spot a liar Summary: This session was the culmination of a year-long series of through verbal clues and body language, demonstra- programs focusing on a common fact pattern, the shooting tions were performed to dramatize the effects of NEW of Alex Trebec by his lighting manager. This program was client misrepresentation. The trial scenes depicted a the trial of the lighting manager and focused on openings, husband denying a relationship with his paramour. direct- & cross-examination, and closings. Materials: Script, Articles Materials: Script, Questions Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 1/20/1999 Date: 4/14/2004

P11302 A Pretrial Valentine’s Carol Summary: This program was a play based on Charles Dickens’ A Christmas Carol and addressed the issue of trial NEW preparation. A new attorney was unprepared on the eve of his first jury trial. He tried to pull an all-nighter but dozed off and was visited by spirits that prepared him for different phases of the trial and each brought a section of the trial notebook. Materials: Script, Articles, Law, Handouts Presented By: The Sam A. Crow AIC, Topeka, KS Date: 3/3/2005

54 2005–2006 Program Catalog

1122 D Directirect a andnd CrossCross- ExaminationExamination. inddindd 5454 99/16/2005/16/2005 3:06:303:06:30 PMPM 13. Evidence

A. Evidence Rules—General P10090 I Object! You Be the Judge Summary: After the Inn had been separated into teams, a P10035 Direct Examination demonstration of an examination with objections was Summary: The program was a re-creation of two direct examina- presented. After each objection, teams were asked tions (criminal and civil) from different cases. The first how they would rule and why. After the demonstration, demonstration was a criminal examination of a reluctant a Professor of Evidence gave his views regarding the witness who is impeached. The second involved the objections. examination of an attorney witness. A discussion Materials: Facts, Script, Law followed each demonstration. Presented By: The Earl E. O’Connor AIC, Overland Park, KS Materials: Facts Date: 11/16/1993 Presented By: The Joseph Henry Lumpkin AIC, Athens, GA Date: 11/1/1988 P10102 Various Evidentiary Issues Summary: The pupilage team presented three scenarios P10064 Evidentiary Objections and Problems illustrating various evidentiary issues. The hypothetical Summary: The program was designed to acquaint Inn members were based on contracts, personal injury, and family with evidentiary issues and objections. Participants law. The evidentiary issues addressed were opinions viewed hypothetical dramatizations on video in which of lay-witnesses, use of business records, and the evidentiary objections were voiced. After each objection, psychologist-patient privilege. panelists offered observations concerning the objections. Materials: Facts Materials: Facts, Script, Law Presented By: The Vassar B. Carlton AIC, Melbourne, FL Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Date: 5/5/1993 Date: 5/21/1991 P10112 Rule 803—Documents P10076 Hearsay Exceptions: Public Records and Summary: The Inn separated into pupilage teams, and each team Reports—Florida and Federal was give a green (admissible) and red (inadmissible) Summary: In an appellate context, the Inn presented conflicts card. A criminal and a commercial hypothetical were addressed by the Public Records Hearsay Exception. presented. During the presentation, various documents State and federal rules were compared and contrasted. were introduced and fully described. Each team was A discussion was held addressing the possibility of asked to vote and defend its position on the admissibil- unreliable documents being admitted into evidence. ity of the particular document. Materials: Facts, Law, Articles Materials: Facts, Documents, Law Presented By: The Pensacola AIC, Pensacola, FL Presented By: The Thomas E. Fairchild AIC, Milwaukee, WI Date: 2/11/1993 Date: 12/15/1993

P10078 Relevance, Prejudice, Similar Acts, P10140 New Federal Rules of Evidence Remedial Measures & Routine Practices Summary: The program was a set of facts highlighting the Summary: The program included a hypothetical examination and changes in the Rules of Evidence for the Southern cross-examination that were interposed with objections. District of Indiana. Written materials explaining the The demonstration involved the five evidentiary issues. changes were distributed prior to the skits, and a Inn members then assisted a presiding Master judge in discussion followed the presentation. making evidentiary rulings. Materials: Law Materials: Facts, Law Presented By: The Brooks AIC, Evansville, IN Presented By: The Pensacola AIC, Pensacola, FL Date: 3/10/1993 Date: 3/11/1993 P10156 The Gator Bites Back P10079 Privileges Summary: A pupilage group presented a skit focusing on making Summary: The program addressed privileges arising during trial proper trial objections and preserving the record for examination. The demonstration focused on privileges appeal. During the skit, objections were omitted. Pupils existing between husbands and wives, psychothera- were then asked what objections should have been pists and patients, and attorneys and clients. The made, followed by a brief overview of recent cases demonstration relied on both federal and Florida rules dealing with peremptory challenges. The program regarding privilege. stressed the importance of being specific with objections Materials: Law and case law when preserving issues for appeal. Presented By: The Pensacola AIC, Pensacola, FL Materials: Facts, Documents, Law Date: 10/1/1993 Presented By: The Justice William Glenn Terrell AIC, Tampa, FL Date: 11/10/1992

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1133 E Evidencevidence.i inddndd 5555 99/16/2005/16/2005 3:07:033:07:03 PMPM 13. Evidence

P10187 I Object! You Be the Judge P10452 Commercial Litigation—Part IV Summary: The program presented situations in which attorneys Summary: This four-part program, inspired by the General Motors were called upon to make proper objections. The v. Volkswagen litigation, utilized a commercial litiga- audience ruled on objections by holding up red tion fact pattern that involved misappropriation of trade (sustained) and green (overruled) cards. The purpose secrets, RICO violations and civil conspiracy issues. The was to assist attorneys in making proper objections and program introduced several vignettes that explored the to help judges in evaluating objections in an effort to role of the company’s attorney in the litigation process. avoid reversal. Materials: Facts, Script, Documents Materials: Facts, Articles Presented By: The Harry Phillips AIC, Nashville, TN Presented By: The Tallahassee AIC, Tallahassee, FL Date: 3/1/1996 Date: 2/1/1993 P10587 Threads of Evidence: P10205 Objections to Evidence at Trial DNA Test as Admissible Evidence Summary: The program used skits to focus on four types of Summary: The program began with a slide presentation that objections to evidence. The program addressed explained DNA in layman’s terminology. Then followed admissibility of scientific evidence, exclusionary rules a mock hearing on the use of DNA testing as admissi- regarding expert rebuttal testimony, hearsay objections, ble evidence. After the hearing, the judges gave their and Cal. Evid. Code § 352 relevancy objections. decisions and discussed ethical implications based on Materials: Facts, Script, Law the facts set forth. Presented By: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA Materials: Facts, Law, Video Date: 10/12/1993 Presented By: The J. Dudley Digges AIC, Baltimore, MD Date: 1/22/1998 P10216 Evidence Requirements for Equity Relief Summary: The program was a comprehensive analysis of P10603 The Case of Philandering Phil the dynamics of injunctive relief. A hypothetical Summary: Based on a fictional case set in the year 2010 involving was presented involving a hearing for a Temporary Phil Clinton and Veronica Lewinsky, the program Restraining Order (TRO) request. After the presenta- analyzed the facts of the case through a series of tion, Inn members discussed the strategy and various questions intended to ignite discussion. The questions techniques useful in obtaining a TRO. centered on the admissibility of the evidence in Materials: Facts, Documents, Law, Articles reference to the state’s particular evidence code. Presented By: The Robert M. Duncan AIC, Columbus, OH Materials: Facts, Documents Date: 10/19/1993 Presented By: The Saint Andrews Bay AIC, Panama City, FL Date: 3/12/1998 P10449 Commercial Litigation—Part I Summary: This four-part program, inspired by the General Motors P10612 Character Evidence v. Volkswagen litigation, utilized a commercial litiga- Summary: The program examined the rules and issues concern- tion fact pattern that involved misappropriation of trade ing the admissibility of character evidence. The secrets, RICO violations and civil conspiracy issues. The program also addressed pre-trial motions in limine. The program introduced several vignettes that explored the first motion dealt with proffered testimony of Gennifer role of the company’s attorney in the litigation process. Flowers, the defendant’s former lover. Materials: Facts, Script, Documents Materials: Facts, Law Presented By: The Harry Phillips AIC, Nashville, TN Presented By: The Alfred Arraj and Thompson G. Marsh Inns, Date: 12/1/1996 Denver, CO Date: 2/12/1998 P10450 Commercial Litigation—Part II Summary: This four-part program, inspired by the General Motors P10668 Legal Implications of v. Volkswagen litigation, utilized a commercial litiga- Munchausen by Proxy Syndrome tion fact pattern that involved misappropriation of trade Summary: This program focused on specific issues surround- secrets, RICO violations and civil conspiracy issues. The ing the MBP defense tactic. The Inn overviewed the program introduced several vignettes that explored the history of the syndrome, psychological and medical role of the company’s attorney in the litigation process. manifestations, a case history analysis, role of investi- Materials: Facts, Script, Documents gators, prosecutors and defense counsel in a MBP Presented By: The Harry Phillips AIC, Nashville, TN defense and evidentiary problems in advocacy. State Date: 1/1/1996 and federal judges in attendance led a general group discussion of bench implications regarding admissibility of defense and probative weight of evidence. Materials: Documents, Facts Presented By: The Morrison R. Waite AIC, Toldeo, OH Date: 2/19/1998

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P10775 Authentication and Admission of Evidence P11198 Domestic Law of War: Summary: The program was designed to let students lay a proper USA Patriot Act and Civil Liberties foundation for the admission of documents or testimony Summary: This program presented a debate between two lawyers, into evidence. A student examined a witness to lay a U.S. attorney and a nationally-known civil rights the foundation. When the document was offered into advocate. Members of the program committee drafted evidence, a discussion was held as to whether to admit it. key questions which were presented to the panelists. The Materials: Facts questions were desgiend to spark a debate on current Presented By: The Seton Hall Law Alumni AIC, Newark, NJ topics inculding: FISA courts, unlawful combatants, Date: 12/29/1999 domestic terror, and the invasion of privacy that comes with sneak and peek warrants, cyber-security, and P10849 Hearsay Evidence access to bank records. Summary: The presentation consisted of four vignettes based Materials: Articles, Documents, Law, Handouts, Video on the same factual scenario, a lawsuit involving Presented By: The Louis M. Welsh AIC, San Diego, CA an automobile accident. Each vignette depicted a Date: 3/20/2003 direct and cross-examination with hearsay objections. Ambiguity and errors were intentionally built into the P11222 All Those Pesky Rules of Evidence scripts to engender discussion and debate. Judges Expect You to Know Materials: Facts, Script, Law Summary: The legal focus of the program was on providing attorneys Presented By: The Oakland County Bar Association AIC, Oakland an evidence primer to show how to introduce or object County, MI to evidence based on the results of a poll of judges. That Date: 1/12/2000 is, what was making judges mad when attorneys do not know hoe to intorduce relevant evidence or make a proper P10893 Commonwealth of Pennsylvania v. Xethakis objection. The program included research on six specific Summary: This program dealt with the issue of admissibility of types of evidence and suggestions dealing with how to get medical records under the Federal and Pennsylvania them in or keep them out of a case. Rules of Evidence. The summations provided by each Materials: Script, Facts, Law counsel were examined and the ethical issues were Presented By: The Annette Stewart AIC, Dallas, TX explored relating to the above issue. Date: 2/24/2004 Materials: Script, Documents Presented By: The Northwest Pennsylvania AIC, Erie, PA P11248 United States (Parrot) Patriot Act Date: 9/27/2000 Summary: The presentation summarizes the more relevant changes that the Patriot Act made to the tracking, gather and P10912 Commercial Litigation—Part III sharing of evidence and communication information. Summary: This four-part program, inspired by the General Motors The focus is on the Patriot Act’s expansion of the four v. Volkswagen litigation, utilized a commercial litiga- traditional tools of surveilance used by law enforce- tion fact pattern that involved misappropriation of trade ment: wiretaps, search warrants, pen/trap orders and secrets, RICO violations and civil conspiracy issues. The subpoenas. The basic format is built upon a hypothetical program introduced several vignettes that explored the situation with eight questions intended to get the audience role of the company’s attorney in the litigation process. thinking about the issues. The rest of the program use Materials: Facts, Script, Documents a PowerPoint presentation on the law governing the Presented By: The Robert W. Calvert AIC, Austin, TX surveilance tools before and after the Patriot Act. Date: 2/1/1997 Materials: Script, Articles, Law, Questions, Handouts, Disc Presented By: The Sam A. Crow AIC, Topeka, KS P11097 Evidentiary Issues of Date: 3/4/2004 the Salem Witchcraft Trials Summary: The program explored issues related to spectral P11277 You Be the Judge! evidence: its definition, history, and importance to the Summary: This program calls upon the audience to examine Salem trials. Presenters offered a historical context of evidentiary and ethical issues in the context of a criminal the trial and comparisons with how the Salem trials were NEW trial. Team members play various roles in the skits, and handled then and how they would be handled now. a moderator asks the legal questions and explains the Materials: Script, Facts answers between the scenes. Presented By: The Oliver Wendell Holmes, Jr. AIC, Vista, CA Materials: Script, Facts, Law, Questions Date: 11/6/2001 Presented By: The William H. Stafford AIC, Tallahassee, FL Date: 10/1/2003

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P11318 Jeopardy Clients P10219 Demonstrative Evidence Summary: This program tested the knowledge of Inn members Summary: The program focused on the many types of demonstra- concerning the Rules of Evidence. It employed a slightly tive evidence used in the courtroom, including witness NEW different approach, however, and the audience was drawings, x-rays and business documents. A lecture divided into four teams based on numbers received outlined the necessary steps for properly introducing upon entrance. After each skit was presented, the and entering evidence into the record. moderator randomly selected a number to determine Materials: Law the order of answering, as each team was allowed to Presented By: The Robert M. Duncan AIC, Columbus, OH participate in the catergories for each skit. Date: 4/19/1994 Materials: Script, Articles, Law, Handouts Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK P10239 Evidentiary Objections & Rulings: Date: 4/21/2004 A Primer on Basic and Complex Objections & Commonly Misunderstood Rules B. Demonstrative Evidence Summary: The program, designed to provide a refresher to complex objection, was a videotaped demonstration based on a P10062 Use of Demonstrative Evidence hypothetical case. Members of the pupilage team acted Summary: The program focused on the use of demonstrative out various trial scenes on the tape, and a moderator evidence in support of expert witness testimony. The stopped the tape at various points to lead a discussion. program explored computer animation as a form of Materials: Facts, Script, Law evidence and the value of extensive demonstrations to Presented By: The Council Oak AIC, Tulsa, OK prove economic loss. The presentation consisted of two Date: 1/18/1994 scenarios, one involving a medical expert and the other involving an economist. A question and answer P10373 Demonstrative & Physical Evidence discussion followed. in the Courtroom— Materials: Facts, Law, Articles You Want to do WHAT with That Thing? Presented By: The Lincoln-Douglas AIC, Springfield, IL Summary: This program illustrated approaches to recognizing and Date: 11/18/1992 solving problems that can arise with the use or misuse of various physical and demonstrative evidence in both P10135 Personal Injury: A Day in the Life civil and criminal cases. This program was divided Summary: The program provided information on presenting into four demonstrations, three civil and one criminal, evidence of damages on behalf of a plaintiff with serious including an automobile accident, medical malpractice, injuries using several different methods and expert complex environmental insurance coverage and a drug testimony. The different approaches were discussed purchase. The evidence ranged from diagrams of an from both the plaintiff and defendant’s perspective. The automobile accident to a computer-generated program areas examined included “day in the life” videotapes, recreating pollution at an industrial facility. “life care plan” experts, and occupation/rehabilitation Materials: Facts, Questions, Script, Law, Articles, Bibliography, specialists. Comments Materials: Law Presented By: The Richard S. Rodney AIC, Wilmington, DE Presented By: The I’Anson-Hoffman AIC, Norfolk, VA Date: 2/23/1996 Date: 11/10/1993 P10405 The Corporate Elevator P10207 The Use and Abuse Summary: During the course of an elevator ride, a young attorney of Demonstrative Evidence encounters three other passengers who are involved Summary: The program consisted of three skits used to explore the in a corporate scandal. The three passengers all claim use of demonstrative exhibits in trial. The demonstrative to have damaging information on the other parties ✯ evidence discussed included reconstruction animation associated with this scandal, and all suggest they and videotapes. A discussion addressing the ethical meet the attorney in his office that afternoon to discuss consideration involved with each type of demonstrative the information they have. Inn members are asked to evidence followed each skit. comment on what the attorney should do. Materials: Facts, Script, Law, Articles Materials: Script Presented By: The Giles S. Rich AIC, Washington, DC Presented By: The Chicago-Lincoln AIC, Chicago, IL Date: 4/21/1994 Date: 2/26/1996

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P10427 Inquiry into the “Dateline” Crash P11052 Expert Witnesses and Scientific Evidence: Demonstration of a General Motors Truck Evidentiary Hearing on the Admissibility of a Summary: This program, presented in lecture format, examined Polygraph Examination a Report of Inquiry for NBC concerning the crash Summary: In this skit, brothers were charged with money launder- demonstration by NBC’s Dateline television show of ing and conspiracy to violate the presidential embargo a General Motors pickup truck. A Dateline broadcast against Iran. Their attorney requested a Daubert featured a segment on allegations concerning the hearing regarding the admissibility of a polygraph safety of GM pickup trucks with “side saddle” gas tanks. examination passed on October 22, 2001. The defense Dateline demonstrated a collision between a GM truck called the expert who had administered the exam to and another vehicle, but failed to disclose that they had testify about the methodology and results. The court made modifications to the truck prior to the test. had to determine whether the examiner’s testimony Materials: Facts satisfied the test enunciated in Daubert v. Merrell Dow Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 Date: 11/9/1995 (1993). Materials: Script, Facts, Law, Bibliography, Articles P10889 Electronic Evidence Extravaganza Presented By: The Edward Bennett Williams AIC, Washington, DC Summary: This program explored a facet of the world of electronic Date: 1/17/2002 evidence. It looked at computers that ordinary people ✯ use everyday in their homes and offices. Increasingly, C. Privileges discovery of information contained on these computers or information about who uses a computer and for what P10491 Is it Really Client Perjury? purpose has become an important part of civil litiga- Summary: This program dealt with a young client who had tion. This program consisted of a number of scenarios admitted his guilt to police officers upon a statutory rape illustrating the challenges in seeking electronic charge on the condition that his sentence be lessened computer data. to probation. After meeting with his attorney he learned Materials: Script, Bibliography, Questions, Articles that the prosecution had requested a jail term. The Presented By: The New York County Lawyers’ Association AIC, attorney was confronted with an ethical dilemma when New York, NY his client asked if he should deny his original guilty plea. Date: 4/18/2000 Materials: Facts, Script Presented By: The Sterry R. Waterman AIC, South Royalton, VT P10907 Designing and Presenting Trial Graphics Date: 1/16/1997 Summary: This program was a practical guide to explaining the mechanics for introduction of documentary and P11107 Breaking Up Is Hard To Do: A Morality Play demonstrative evidence at trial, as well as the strategic Summary: This program addressed the termination of the and tactical considerations involved in deciding when Attorney-Client Relationshp. and how to use evidence. Materials: Outline, Script, Law Materials: Articles, Law Presented By: The University of Pennsylvania Law School AIC, Presented By: The San Francisco Lawyers’ Club AIC, San Francisco, CA Philadelphia, PA Date: 2/17/2000 Date: 1/23/2002

P11039 Wynne v. Popular Pickle Co. P11108 Is There Still a Privilege? Summary: This skit demonstrated legal and ethical problems that Summary: This program introduced the idea of the Sarbanes- could confront counsel when the discovery of electronic Oxley Act of 2002 and its possible impact. The presen- media is used. Some issues presented included counsel’s tation began with a brief historical introduction given by duty to preserve evidence, when trash is discoverable, a Master member of the team and was followed by a inadvertent disclosure of privileged material, and whether skit and a PowerPoint presentation and finished with a disk or paper is more burdensome. discussion of the issues. Materials: Script, Facts, Articles, Questions, Bibliography, Law Materials: Outline, Articles, Law Presented By: The University of Pennsylvania Law School AIC, Presented By: The Louis M. Welsh AIC, San Diego, CA Philadelphia, PA Date: 10/17/2002 Date: 2/19/2002

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P11123 Ethics & Trusts: Osbourne Style P11240 The Queen Gets No Respect: Summary: This presentation focused on the area of Estates and The Attorney-Client Privilege from Queen Trusts. It explored the issues of living trusts, role of Elizabeth to Martha Stewart trustees, undue influence, competency and attorney-client Summary: This original program addressed the erosion of the privilege in the context of an Osbourney family-style attorney-client privilege in the context of the Martha scenario. The program used scripts from the MTV show Stewart trial, which was still ongoing when this program as a foundation for the legal arguments which followed. was presented. The program examined the origins of the Materials: Script, Law, Articles, Handouts attorney-client privilege, and examined its development Presented By: The Pittsburgh AIC, Pittsburgh, PA in the United States. The program was based on the Date: 1/16/2003 premise that Queen Elizabeth traveled through time to assist Martha Stewart in her trials and tribulations with P11215 Private Lives: HIPPA and You—The Health the Department of Justice. The program analyzed the Insurance Portability and Accountability Act Stewart indictment as well as the crime-fraud exception. Summary: The program focused on the practical and day to day The program also examined recent cases developing aoolicability of HIPPA to patients, physicians, hospitals, the attorney-client privilege and the DOJ position on medical providers and attorneys engaging in litigation corporate waiver. involving health care providers and medical reocrds of Materials: Script, Documents, Facts, Law, Handouts, Disc patients. The discussion touched upon the difference Presented By: The Villanova Law J. Willard O’Brien AIC, Villanova, PA between permissible and impermissible disclosures, Date: 2/10/2004 and potential solutions and possible remedies. The discussion also covered how far HIPAA extends and P11250 Invasion of Privacy who it covers. The script for this program was based Summary: This program sought to explore the law of privacy when loosely on events that occurred at a Beaver Valley Mall privacy issues are being reevaluated. In particular, the Chi-Chi’s restaurant. program demonstrates the history of the right to privacy Materials: Script, Documents, Facts, Law, Questions, Handouts through a play with legal commentary following to discuss Presented By: The Univeristy of Pittsburgh School of Law AIC, the legal particulars through the present. Pittsburgh, PA Materials: Script, Law Date: 12/11/2003 Presented By: The D. R. Smith AIC, Ocala, FL Date: 11/20/2003 P11234 The Phantom of the Internet Summary: This program focused on the ethical and legal issues P11255 The Big Chill: Special Motions to Strike, which may face an attorney using modern technology California’s Anti-Slapp Statute in the pratice of law. Specific issues covered include: Summary: This program examined closely California’s Anti-Slapp 1) The use of the Internet; 2) Confidentiality and use Statute. Issues involving anti-slapp motions were examined of email between attorney and client and its effect on in the context of a specific fact pattern. The interplay between privilege; 3) Electronic eavesdropping; 4) Use of chat attorneys for the plantiff and defendant was demontrated by rooms; 5) Use of a law firm’s computer for personal staged office consultations. The demonstrations were follow- use; 6) Liability for transmitting a computer virus; and 7) ed by oral arguments on the slapp motions, and a question How to protect confidential eletronic information. and answer period at the conclusion of the presentaiton. Materials: Script, Law, Handouts, Disc Materials: Outline, Script, Articles, Law Presented By: The Ralph M. Brown AIC, Modesto, CA Presented By: The Louis M. Welsh AIC, San Diego, CA Date: 10/16/2003 Date: 2/20/2003

P11324 Piracy, Privacy, Advocacy: The Search for Long Gone Silver Summary: The setting of this program was a pirate ship, which after raiding the California coast, had amassed a fortune of NEW stolen silver. Unfortunately for the crew, the First Mate made off with the ill-gotten gain, and the crew hunter the missing treasure. The Captain and the crew were forced to follow the discovery laws of the state of California. The audience was split into two groups of lawyers that were shanghied by the crew to assist them in following the rules of discovery. Each time a team came up with a correct response, the Captain tossed out a bag of chocolate doubloons to the winning team. Materials: Script, Law, Handouts Presented By: The Earl Warren AIC, Oakland, CA Date: 9/22/2004

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P11327 You Be the Judge Evidence Program P10653 The Summary Jury Trial Summary: Using a single fact pattern, the program presented four Summary: The program described the summary jury trial and separate scenes that addressed the use of witnesses, discussed its purposes and benefits as an alternative NEW attorney-client privileges and conflicts of interest in dispute resolution technique. A brief videotape of an a bankruptcy case. The debtor attempted to redeem actual summary jury [vehicular] trial was played for the consumer-related personal property claimed as exempt audience. Afterward, the pupilage team discussed the under the Bankruptcy code. At the end of each scene, pros and cons of the summary jury trial and their own the moderator asked the audience specific questions personal experience in presenting it to the actual jury that in turn generated a lively dicussion amongst all that heard the case. members of the audience. Materials: Facts, Documents, Video Materials: Script, Facts, Law, Questions, Disc Presented By: The Donald E. Wieand, Sr. AIC, Allentown, PA Presented By: The Moller-Foltz AIC, Houston, TX Date: 10/23/1997 Date: 12/1/2004 P10666 No Evidence Summary Judgments D. Summary and Judgements Summary: A guest panel discussed how the new rule in the Texas Motion Practice, which created a “no evidence” point P10349 Byrd in the Hand: Summary Judgment Redux that was modeled after the federal rule, could impact the Summary: This program offered various summary judgments pertain- Texas family law practice. Sample forms for the use of ing to nuisance and negligence, landlord-tenant, qualified “no evidence” point in summary judgments, as well as a immunity of police officer and wrongful death cases. A checklist, were distributed to the Inn membership. federal summary judgment trilogy was also provided. The Materials: Facts, Law program was presented in a panel discussion format. Presented By: The Houston Family Law AIC, Houston, TX Materials: Facts, Bibliography, Law, Articles Date: 10/30/1998 Presented By: The Harry Phillips AIC, Nashville, TN Date: 5/21/1996

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P10010 Examination of Expert Witnesses P10309 Direct and Cross-Examination of Lay Summary: The demonstration illustrated how the use of various Witnesses, Judicial Notice- Adjudicative Facts, types of experts may alter a trial. In the hypotheti- and Direct and Cross-Examination of Experts cal, plaintiff’s husband died in a car fire. Plaintiff and Summary: This program gave examples of direct and cross- defendant offered their own experts, each with a examinations of lay and expert witnesses. Before the different view of blame. skit, Inn members were asked to provide their comments Materials: Facts and criticism about the examinations. Following the Presented By: The Albany Law School AIC, Albany, NY discussion on lay and expert witnesses, a play reenact- Date: 1/1/1988 ing Abraham Lincoln’s cross-examination in the Duff Armstrong murder trial was presented to the Inn to show P10061 Medical Malpractice Experts the concepts of judicial notice and adjudicative facts. Summary: The program was a demonstration of direct and cross- Materials: Facts, Questions, Script, Articles, examination of witnesses in a medical malpractice case. Comments The demonstration included examinations of the plaintiff, Presented By: The Abraham Lincoln AIC, Peoria, IL plaintiff’s economist and plaintiff’s medical expert. Date: 11/9/1994 Materials: Facts, Script, Documents Presented By: The Earl E. O’Connor AIC, Overland Park, KS P10369 Expert Witnesses Date: 7/14/1992 Summary: This program used a fact pattern concerning the plaintiff who is seeking declaratory judgment on a homeown- P10211 Forensic Pathology ers insurance policy issued by the defendants for Summary: The program demonstrated direct and cross-examina- catastrophic damage to her home and all items therein. tion techniques for examination of a pathologist testify- A panel discussion followed two short scenarios and ing in a murder case. Inn Barristers performed the addressed issues raised in the two scenarios and other direct and cross-examinations based on the hypotheti- issues pertaining to experts and consultants. A question cal facts, which included both civil and criminal suits. and answer period concluded the program. Materials: Facts, Documents Materials: Facts, Script, Documents, Law, Articles, Presented By: The Lincoln-Douglas AIC, Springfield, IL Bibliography, Comments Date: 11/17/1993 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 2/22/1996 P10268 The Bones of Colonel Hart: Comparative Cross-Examination of an Expert Witness P10409 Do You See What I See?— Summary: The program, based on the actual case Hart v. United Fallacies of Eyewitness Testimony States, was designed to illustrate effective direct and Summary: This program demonstrated how to conduct direct and cross-examination techniques for expert witnesses. cross-examination of a eyewitness and how to conduct The case involved an Air Force lieutenant colonel who ✯ cross-examination of an expert on eyewitness testimony. was shot down over Laos in 1972. The program scenes Several demonstrations called for Inn members to focused on the findings of a forensic scientist, who had become eyewitnesses themselves. Inn members acted declared Hart dead based on his study of bones found as eyewitnesses to an arrest of a suspected car thief at an air crash site. A panel discussion followed the and, immediately after the event, were given question- demonstration. naires asking them to give a complete narrative descrip- Materials: Facts, Law, Articles tion of what they had just seen and to answer a few short Presented By: The Louis M. Welsh AIC, San Diego, CA questions. Inn members also performed very simple Date: 1/14/1994 magic tricks to emphasize the fact that eyewitnesses see, but do not observe. P10281 Trial Examination of an Expert Witness Materials: Facts, Questions, Script, Documents, Law, Articles, Summary: This presentation, through two scenarios, provided an Bibliography, Comments opportunity to enhance trial skills and review applicable Presented By: The Anthony M. Kennedy AIC, Sacramento, CA law for the purpose of expert testimony. An outline that Date: 3/19/1996 contained the comparison of Kansas and federal rules on expert testimony was used. A real expert witness was also used in the presentation of this program. Materials: Facts, Documents, Law, Bibliography, Comments Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 11/15/1994

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P10460 The Holy Office v. Galileo Galilei P10574 The “Hired Gun:” Issues Concerning Summary: This program used authentic liturgical vestments and the Use of Trial Experts apparatuses to explore the historical trial and life of Summary: This program addressed some of the legal and ethical Galileo Galilei. The play reenacted scenes from his problems that arise when preparing an expert witness early life through his trial and sentencing. Galileo was to testify at a trial and offered some practical solutions sentenced to house arrest for life after being found for resolving those problems. The case involved a guilty of heresy (professing that the earth revolved medical malpractice suit in which the expert physician around the sun). The play included a discussion of the and the defending counsel had prior relations. inquisitorial judicial system, a discussion of the applica- Materials: Script, Comments, Facts, Law, Articles, Bibliography tion of current expert witness rules to Galileo’s theory, Presented By: The Temple AIC, Philadelphia, PA and an epilogue giving current information on the status Date: 10/14/1998 of Galileo’s case. Materials: Questions P10585 Secrets on Experts: Presented By: The Harry Phillips AIC, Nashville, TN If You Tell ‘Em Later, We’ll Have to Kill Ya Date: 4/15/1997 Summary: This program used a malpractice lawsuit as a backdrop to explore civil litigation secrets and confidential P10541 Expert Witnesses: A Hearing on the strategy concerning the election of expert witnesses Admissibility of Polygraph Evidence after and the subsequent handling of such designated Daubert v. Merrrell Dow Pharmaceuticals, Inc., experts in Superior Court prior to trial. 509 U.S. 579 (1993) Materials: Script Summary: This program presented a mock pre-trial motion in Presented By: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA limine hearing by the proponent of polygraph evidence Date: 10/1/1998 seeking a ruling regarding its admissibility in a criminal trial for tax evasion. An expert witness, a polygraph P10619 Daubert the Expert Witness—A State and examiner, testified and was cross-examined by the Federal Perspective from the Bench and Bar opponent of the evidence. The proponent of the Summary: The program involved a lively debate between evidence tried to establish the key components of representatives of the plaintiffs’ bar, who viewed admissibility of the evidence. The defense attacked the Daubert v. Merrell Dow Pharmaceuticals, Inc. as a science and argued the law of evidence (Federal Rules source of unwanted complications, expense and delay of Evidence 403). to their clients. Defense counsel argued that Daubert Materials: Facts, Law, Video helped to limit the encroachment of “junk science.” A Presented By: The George Mason AIC, Fairfax, VA local law professor kicked off the presentation with a Date: 3/19/1997 welcome primer on Daubert and its progeny. Materials: Articles, Law P10558 The Expert Dilemma—Percipient v. Retained Presented By: The New York County Lawyers’ Association AIC, Summary: This program illustrated a number of different decisions New York, NY counsel is required to make in the designation of Date: 1/29/1998 experts in both California state courts and federal courts. The demonstration emphasized the importance P10650 Preparing the Expert Witness for Trial of early attention to the selection and designation of Summary: The program focused on the importance of expert experts and the diminishing choices that stem from witness testimony. The presentation stressed the inaction. A series of vignettes discussed various strate- intellectual qualification of the expert and the ability of gies in the designation of experts. Each introduction him or her to communicate credibly. Suggestions on was followed by a reading of the fact pattern that was how to effectively communicate an expert’s testimony common to all vignettes. were discussed. Materials: Facts, Law, Articles, Video Materials: Facts Presented By: The Louis M. Welsh AIC, San Diego, CA Presented By: The Grand Rapids AIC, Grand Rapids, MI Date: 11/21/1996 Date: 10/6/1997

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P10702 The Expert Witness: P10865 The Castaways v. the Skipper Interview, Selection, and Voir Dire Summary: Adopting the theme from Gilligan’s Island, the presenta- Summary: This interactive program examined the entire process tion focused on issues surrounding the retention and of interviewing and selecting both the “consulting” and qualification of experts for trial, communications with “testifying” expert witness through a series of vignettes. experts, the inadvertent production of documents, The presentation addressed a variety of ethical consid- Daubert issues and the concept of malpractice by an erations: crafting and preparation of expert reports and expert. The skit followed Maryanne’s suit against the testimony, discovery, voir dire of the expert witness and Skipper for negligence. qualifying the expert witness under Rule 702, Federal Materials: Script, Questions, Law Rules of Evidence (F.R.E.) Presented By: The Temple AIC, Philadelphia, PA Materials: Script, Questions, Facts, Law Date: 2/9/2000 Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 10/15/1997 P10882 Choosing an Expert— The Best and the Brightest P10726 Expert Testimony Summary: This program followed the selection and examination Summary: The program demonstrated how to examine and cross- of expert witnesses. The three act play was centered examine an expert (regarding setting an appropriate around a group of plaintiffs seeking damages due to interest rate) in a Chapter 11 reorganization proceeding. a medical condition called “The Litigator’s Syndrome Background facts and substantive materials entitled with Anxiety/Tension,” which was allegedly contracted “Determining the Present Value of the Allowed Secured by young litigators in a particular law firm located in a Claim-Setting the Interest Rate” and “Qualifying the high-rise building. Expert” were provided to members of the Inn. Materials: Script, Questions Materials: Facts, Law, Questions Presented By: The University of Pennsylvania Law School AIC, Presented By: The Congressman Walter Chandler AIC, Washington, DC Philadelphia, PA Date: 1/21/1998 Date: 1/18/2000

P10737 Daubert and the Nonscientific Expert P10908 Daubert and Cross-Examination Summary: This program was an in-depth discussion of issues of Expert Witnesses relating to the retention and use of experts in Federal Summary: This program looked at the admissibility of scientific court. The program analyzed both a fact pattern and opinion. Once Frye v. United States governed this the case of Daubert v. Merrell Dow Pharmaceuticals. opinion, 293 Fed 1013 D.C.Cir.1923, which did not Materials: Script, Questions allow any evidence to be admitted that was not Presented By: The Louis M. Welsh AIC, San Diego, CA generally accepted in the scientific community; hence Date: 9/17/1998 new or novel theories were not admitted. Then Rule 702 of the Federal Rules of evidence came along, P10859 The Sinking of the Titanic— which liberalized admissibility. A Battle of the “Experts” Materials: Articles, Law, Bibliography, Video Summary: The program examined the many facets of the Titanic’s Presented By: The San Francisco Lawyers’ Club AIC, San Francisco, CA sinking through combining actual events with fictional Date: 2/18/2000 movie characters to reproduce the fateful night. After a scripted dinner to introduce all the major characters, the P10952 Use of Psychiatric Experts courtroom portion analyzed the potential for legal liability Summary: This program was a panel discussion using an expert based on data collected through modern technology, moderator to explain why psychiatric experts are utilizing expert and pseudo-expert testimony. increasingly important. Questions from the audience Materials: Script, Articles, Law and panel followed. Presented By: The Prettyman-Leventhal AIC, Washington, DC Materials: Script, Law, Questions, Comments, Articles Date: 3/13/2000 Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 1/22/2001

P11111 Science, Junk Science & Expert Witnesses Summary: The presentation touches upon issues involved in presenting evidence, such as attempts to qualify certain experts and attempts to obtain evidence of a scientific nature. Materials: Outline, Script, Facts, Law Presented By: The Oliver Wendell Holmes, Jr. AIC, Vista, CA Date: 11/13/2002

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P11197 Ethics and Expert Witnesses P11259 Ethics and Evidence: Summary: The purpose of these materials, and the videotaped Ever The Twain Shall Meet vignettes that accompany them, is to educate lawyers, Summary: This program uses vignettes featuring the examina- law students, and judges about the many issues of tion of witnesses and attendant objections to illustrate ethics and professionalism that arise in connection with NEW different points of law concerning evidence. The the use of expert witnesses in civil cases vignettes include illustrations of the distinction between Materials: Script, Questions, Video the qualifications of an expert and the expert’s Presented By: The William Augustus Bootle AIC, Macon, GA testimony itself. This presentation also used a wireless Date: 5/19/2003 remote audience repsonder system to to record responses to the questions or ethical dilemmas posed P11239 Courtroom Wizardry by each vignette. A computer then tabulated the results, Summary: This program used a fact pact pattern that was part of which provided instantaneous feedback and helped to a year-long theme for the Inn. That fact pattern involved prompt discussion amongst the audience members. an attempt by Alex Trebeck to resurrect his career Materials: Outline, Script, Law, Questions by having himself shot on national television. This Presented By: The Sagamore AIC, Indianapolis, IN particular program called upon two prominent forensic Date: 4/14/2004 expterts to testify about their findings and opinions on the evidence recovered during the criminal investiga- P11308 Frivolous Lawsuits: tion of the shooting. The point of the exercise was to Cutting Edge or Over the Edge? use the technology available to enrich the testimony. Summary: The purpose of the program was to raise ethical and The program was also presented to non-Inn members legal issues related to the filing and appeal of frivolous to gain their impressions of the abilities of the lawyers NEW lawsuits, and the use of questionable experts to support to present complicated scientific evidence in a more those lawsuits. Combining the use of a pre-recorded digestible manner. television reality show and a live program script, the Materials: Articles, Documents, Facts, Law, Handouts, Video program addressed such issues as the legal and ethical Presented By: The Pittsburgh AIC, Pittsburgh, PA standards for frivolous lawsuits, what constitutes a Date: 2/26/2004 frivolous appeal, and should attorneys be sanctioned and reported for frivolous cases, defenses, and appeals? Materials: Outline, Script, Law, Questions, Handouts, Video, Disc Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 3/15/2005

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P10068 Closing Argument P10660 The Life of the Law is Both Summary: The pupilage team utilized the NITA State v. Davis Logic and Experience closing argument exercise. The presentation included Summary: The program first examined the informal fallacy, closing arguments from both the prosecution and forgoing arguments which contain fallacies of “hasty defense counsel in a larceny case. generalization,” “appeal to personal ridicule,” or “appeal Materials: Facts, Script to terror” in order to emotionally persuade a jury. The Presented By: The Chief Justice Joseph Branch AIC, Greensboro, NC team then performed mock arguments containing Date: 11/12/1992 informal fallacies, asking the members to identify the fallacy in each argument. P10099 How Far Can You Go in Closing Arguments Materials: Facts, Script, Articles Summary: The program explored the limitations in making closing Presented By: The Santa Barbara AIC, Santa Barbara, CA arguments in both civil and criminal cases. Each Date: 9/14/1998 presentation included objectionable closing testimony. A moderator led a discussion on each objection. P11047 Storytelling and the Art of Advocacy Materials: Facts Summary: The program explored ways to effectively present a Presented By: The Vassar B. Carlton AIC, Melbourne, FL cohesive and compelling trial theme to a jury. It began Date: 3/3/1993 with a moderator outlining the persuasive power of storytelling and the need for an effective theme and P10177 Arguing Damages During Closing Argument theory of the case. Then the moderator’s summary was Summary: The program used a personal injury hypothetical based brought to life by demonstrations from the members, on an automobile accident to illustrate the current rules who were divided into four parts: Voir Dire, Opening on stating a specific amount of damages desired in Statement, Examination of Witnesses, and Closing closing arguments. Argument. Materials: Facts, Law Materials: Script, Questions, Bibliography, Law, Articles Presented By: The George Washington AIC, Washington, DC Presented By: The Louis M. Welsh AIC, San Diego, CA Date: 12/17/1992 Date: 11/15/2001

P10272 Closing Arguments P11115 Case Themes, Theories and the X-Factor Summary: Two closing arguments from two fictitious cases were Summary: The demonstration was divided into two parts, case performed, with the attorney actors “pushing the themes and case theories. The case themes portion envelope” and sometimes ripping it regarding what is began with an lecture which was followed by two and what is not proper to say in a closing. After a brief hypothetical fact patterns. The audience was divided presentation on closing arguments by a judge, the into teams which developed case themes developed Inn participated in case revisions on civil and criminal upon their fact pattern. There was a moderator-driven improper closings. The presentation concluded with an discussion with the entire audience after the breakout Inn discussion on what is objectionable and what is fair groups were finished. The case theories part was a game in closings. series of three lectures each of which was followed by Materials: Facts, Law, Articles a period of discussion. Presented By: The Boston AIC, Boston, MA Materials: Outline, Articles, Bibliography, Comments Date: 12/14/1994 Presented By: The Louis M. Welsh AIC, San Diego, CA Date: 9/19/2002 P10539 Closing Arguments: The Ruby Ridge Incident Wrongful Death Civil Trial P11125 Choices in Presentation Technology Summary: Taking a case from today’s headlines, the Inn was able Summary: This program presents three different closing to show how good lawyers would go about arguing the arguments based upon the same factualy scenario. case to a jury for the plaintiff’s and defense perspective. Each closing argument illustrates a different use of The program presented a mock demonstration of closing technology in the courtroom. arguments in the wrongful death civil trial by the family of Materials: Outline, Facts, Video Randy Weaver for the death of his son in the shoot-out Presented By: The Louis D. Brandeis AIC, Louisville, KY incident that occurred on Ruby Ridge. A comprehensive Date: 4/23/2002 outline on the law and ethics of closing argument under Model Rules of Professional Conduct was researched and presented prior to the mock demonstration. Materials: Facts, Law Presented By: The George Mason AIC, Fairfax, VA Date: 1/22/1996

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P11137 Trial Practice/Back to Basics: Direct P11287 Anatomy of a Trial: The Trial Examination and Closing Argument Summary: This session was the culmination of a year-long series of Summary: This program focused on the use of technology by a programs focusing on a common fact pattern, the shooting prosecutor who used sophisticated computer exhibits NEW of Alex Trebec by his lighting manager. This program was during direct examination and closing argument. the trial of the lighting manager and focused on openings, Materials: Comments, Bibliography direct- & cross-examination, and closings. Presented By: The Edward Bennett Williams AIC, Washington, DC Materials: Script, Questions Date: 1/16/2003 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 4/14/2004 P11159 Closing Arguments Summary: The primary purpose of this program was to demonstrate appropriate form and content of a closing argument in a civil case. The secondary purposed was to encourage the individual abilities of the associates to develop a theme for their argument which complemented their personality. The positives and the negatives of using technology in a closing were discussed at the end of the presentation. Materials: Articles, Facts, Law, Handouts Presented By: The Oakland County Bar Association AIC, Oakland County, MI Date: 1/15/2003

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P10189 DUI Mock Trial: An Exercise to Observe and P10332 Innovative Jury Techniques Evaluate Jury Deliberations Summary: The judge in this scenario, because of the complexity of Summary: A mock trial was presented in which actual jurors from a a case stemming from an automobile accident, consid- recent state trial were invited to deliberate and reach a ered whether it would be appropriate to utilize one or verdict in a DUI case on the basis of a probable cause more novel techniques with respect to the jury. The court affidavit. Inn members observed the deliberations and, asked the parties to appear for a pre-trial conference following the verdict, asked questions of the jurors. to present their positions as to the following proposed Materials: Facts procedures: juror note taking; instructions by the court Presented By: The Tallahassee AIC, Tallahassee, FL at the beginning of the trial; an “expert conference” at Date: 3/10/1993 which the parties’ expert witnesses would jointly educate the court and the jury as to the basic scientific principles P10200 Invading the Sanctity of the Jury Room at issue in the case; mini-summations by counsel at the Summary: The program examined the problems that often arise close of witnesses’ testimony; juror questions directed to among jurors. Skits were presented identifying common witnesses; juror discussion prior to deliberations; written ✯ jury problems, including a jury hung by a lone dissenter, handouts for deliberations containing the court’s instruc- a jury with a lone female who is sexually harassed by tions; and availability of trial and deposition transcripts to fellow jurors, and a jury that had partied during seques- the jury during deliberation. The skit concluded with an tration. A discussion followed each of the skits. Inn discussion on whether his rulings on the use of each Materials: Facts, Script, Law, Articles, Video technique were appropriate. Presented By: The Temple AIC, Philadelphia, PA Materials: Facts, Questions, Law, Articles, Bibliography Date: 4/28/1994 Presented By: The Boston AIC, Boston, MA Date: 10/17/1995 P10238 A Look into the Jury Room Summary: The pupilage team invited recent criminal and civil jurors P10352 Jury Nullification to discuss their experiences with the Inn members. In Summary: This program concerned issues relating to jury addition, a professor of sociology was invited to discuss nullification. This program used a scenario where the jury selection criteria. Inn members were encouraged to defendant admitted to administering a fatal dose of ask questions of the jurists and the guest lecturer. poison to his terminally ill wife at her request, and is Materials: Articles now being charged with murder. Both the attorneys and Presented By: The I’Anson-Hoffman AIC, Norfolk, VA the jury raised questions concerning jury nullification. Date: 3/9/1994 This Inn also invited a professional jury consultant to offer comments. P10286 Jury Deliberations Materials: Facts, Script, Law, Articles, Bibliography, Comments Summary: The program focused on the appropriateness of post- Presented By: The Joseph A. Ball-Clarence S. Hunt AIC, Long Beach, CA verdict interviews and/or contact with jury members. Date: 11/14/1995 Several issues, including whether the “juror’s oath” is terminated at the end of trial or whether it continues on P10357 After the O.J. Trial: Are There Any Good Ideas after the trial, were addressed. Out There for Improving Jury Trials? Materials: Facts, Documents, Law, Articles, Bibliography Summary: This program explored issues relating to improving Presented By: The Oliver Ellsworth AIC, Hartford, CT jury trials. Proposed reforms were suggested and Inn Date: 10/26/1994 members were polled on whether each reform should be used or rejected. A videotaped mock pretrial conference portrayed a crazy judge who announces his use of many new ideas for trial. The program concluded with ideas on how to handle the crazy judge from the videotape. Materials: Facts, Documents, Law, Bibliography, Comments, Video Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 10/17/1995

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P10368 Juries P10770 In the Minds of the Jury Summary: This program examined how jurors react to certain Summary: Over the course of a few months, judges from this aspects of jury observations during the trial. This Inn Inn noted particular jurors who seemed particularly invited jurors who had served on either criminal trials attentive and insightful. This program featured a collec- or civil trials to observe and provide their reaction to tion of these jurors answering a variety of questions several aspects of trial presentation. Members of the on every part of the trial process. All members were pupilage group and audience posed questions to the encouraged to ask questions, and the responses jurors. Short presentations were also made on Batson provided were very honest and enlightening. challenges, juror questions during witness examination Materials: Questions, Law, Articles and deliberation, juror note taking, the charge to the Presented By: The Kansas City-Ross T. Roberts AIC, Kansas City, MO jury and the use of jury selection. Date: 12/2/1999 Materials: Facts, Law, Articles, Comments Presented By: The Pittsburgh AIC, Pittsburgh, PA P10880 Attorney Witch Hunt Project Date: 1/18/1996 Summary: The program consisted of a video with interviews of jurors who had just served on a jury panel to gain P10386 The Jury insight into their perspective of the trial process. Group Summary: This program examined all aspects of the jury. Various members discussed the key points of the video. questionnaires and surveys were used to examine Materials: Outline, Video how a jury works. The completed questionnaires were Presented By: The William S. Sessions AIC, San Antonio, TX graphed and charted for further examination by the Inn. Date: 3/23/2000 The Amended Plan for the Random Selection of Grand and Petit Jurors for the Western District of Tennessee P11149 From the Jury Box was also included in the materials of the program and Summary: Using three vignettes, the program presented the used as a vehicle for discussion. perspectives of jurors in a products liability case Materials: Facts, Questions, Documents, Articles, Bibliography involving a malfunctioning toaster. After each vignette, Presented By: The Leo Bearman, Sr. AIC, Memphis, TN jurors freely expressed their view on what they had Date: 4/1/1995 seen and what they had heard. Materials: Outline, Script, Questions, Handouts P10453 Jurors on Trial: Challenging Jury Misconduct Presented By: The Temple AIC, Philadelphia, PA Summary: The three-part presentation examined jury misconduct Date: 1/8/2003 during voir dire, trial, and deliberation. The program included a brief lecture followed by two skits. P11298 The Jury Trial is Vanishing: Should Anyone Care? Materials: Facts, Script, Law, Articles, Bibliography, Comments Summary: This program addressed the topic of the diminishing Presented By: The Harry Phillips AIC, Nashville, TN number of jury trials taking place in the legal system. Date: 3/19/1996 ✯ The program also examined the consequnces of that trend. The presentation involved an entertaining skit P10454 Through the Crystal Ball: Juries of the Future NEW that told the story of a jury trial scheduled in a products Summary: The presentation discussed current and projected liability case. The focus of the skit was on the attorneys, issues in the jury system. Topics included: 1) a historical as the plaintiff’s law firm was forced to use attorneys perspective of jury practices; 2) a discussion of recent without significant trial experience, and the defendant’s court decisions; 3) a panel debate of specific issues law firm was unable to measure the client’s potential affecting juries and 4) a demonstration of computer and exposure since the client had either settled or sought video technology currently available to the courts. mediation. After each scene, moderators led a discus- Materials: Articles, Bibliography sion addressing such issues as : 1) the value of jury Presented By: The Harry Phillips AIC, Nashville, TN trials; 2) the value to attorneys of jury verdicts entered Date: 6/18/1996 in other cases; 3) the potential atrophy of attorney’s advocacy skills as jury trials diminish, and the effect on P10634 Jury Nullification less experienced attorneys; and 4) the public benefit Summary: The demonstration featured two skits designed to raise that derives from jury trials. questions concerning the pros and cons of jury nullifica- Materials: Script, Acrticles, Facts, Questions, Handouts tion. Jury nullification was addressed from the perspec- Presented By: The Temple AIC, Philadelphia, PA tive of the jury, attorneys, defendants, and plaintiffs. Date: 3/9/2005 Materials: Facts Presented By: The Charlotte E. Ray AIC, Washington, DC Date: 12/18/1997

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P10057 Federal Sentencing Guidelines P11073 The Death Penalty on Trial Summary: The program consisted of two skits, with discussion Summary: The program employed an interactive trial to explore periods during and after each, that addressed various volatile issues regarding the continuation or abolition problems prosecutors and defense attorneys face when ✯ of the death penalty as the ultimate punishment for a defendant’s offense is subject to the Sentencing enumerated capital crimes in the United States. Through Guidelines promulgated by the U.S. Sentencing passion-filled closing statements, well-known historical Commission. The first skit involved a pre-trial meeting characters, deliberating jurors, and discussions, the between the prosecutor and the defense counsel, and scripted presentation gave members a historical perspec- the second consisted of the sentencing hearing. tive of the death penalty in the US. The arguments Materials: Facts, Documents, Law proffered by proponents and abolitionists were in the Presented By: The Edward Bennett Williams AIC, Washington, DC context of today’s volatile and violent crimes. Date: 9/18/1990 Materials: Script, Questions, Articles, Bibliography, Facts Presented By: The Temple AIC, Philadelphia, PA P10094 The Illinois Prison Crisis and Date: 3/13/2002 Sentencing Alternatives Summary: The program was a panel discussion in which three P11194 Understanding Recent Developments in experts on prison overcrowding in Illinois discussed Federal Sentencing Guidelines various sentencing alternatives. The panel included a Summary: The program explored plea negotiation and sentencing member of the Governor’s Task Force on Crime and strategies in the guidelines era and highlighted new Corrections, the Executive Director of a county jail, sentencing-related developments in law and policy and the County Director of Probation. A question and from Congress, the United States sentencing commis- answer session followed the panel discussion. sion, and the Department of Justice. The format of the Materials: Articles program used skits, panel discussions and encourages Presented By: The Lincoln-Douglas AIC, Springfield, IL audience participation. The program also used a facili- Date: 5/17/1993 tator who introduced the participants and outlines the program’s structure. This structure included three skits P10139 Practical Effect of Chapter 8 of of about ten minutes each, interspersed with question the Federal Sentencing Guidelines and answer periods with the panel of guest participants. Applicable to Organizations The program concluded with a full discussion on all Summary: The demonstration used hypotheticals to illustrate the skits with the panelists and auidence members, the effects of Chapter 8 of the Federal Sentencing followed by a few closing remakrs from the facilitator. Guidelines. The program used three fact patterns Materials: Script, Articles, Documents, Law, Handouts to address the increased incentives for prosecutors Presented By: The Edward Bennett Williams AIC, Washington, DC to seek indictments against organizations based on Date: 11/20/2003 employee wrongdoing and for a business to report employee wrongdoing voluntarily. P11269 Blakely and the Future of Federal Sentencing Materials: Facts, Script, Documents, Law Summary: This program addressed the implications of the Presented By: The C. H. Ferguson-M. E. White AIC, Tampa, FL Supreme Court’s decision in Blakely v. Washington, Date: 5/6/1993 NEW a case which called into question the constitutionality of the federal sentencing guidelines. The pupilage P10421 Federal Sentencing Guidelines: group staged a moot court argument with judges Selected Topics and advocates from the Inn addressing the issues in Summary: This program examines the Federal Sentencing the Booker and FanFan cases which the Supreme Guidelines in three specific areas. The first portion Court was scheduled to hear. The program itself was of this three-part presentation used United States v. divided into three parts: an introduction covering Koon, and gave an overview of the case, its procedural the background of the case, a moot court argument history, news clips surrounding the trial and its verdict. anchoring the program, and an open discussion with The second part concerned the abuse of a person in comments on the argument and the future prospects a position of trust and the relevant guidelines. The final for the Sentencing Guidelines. part of this presentation concerned acquitted conduct. Materials: Documents, Facts, Law, Questions, Handouts Each scene was followed by a brief discussion period. Presented By: The Edward Bennett Williams AIC, Washington, DC Materials: Facts, Law, Bibliography, Comments Date: 9/23/2004 Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 11/16/1995

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P10015 Talking to the Press P10195 Judgments, Verdicts, Appeals and Summary: The demonstration focused on when and whether Executions with Media Exposure a lawyer should discuss a case with the media. The Summary: Using an ongoing arson hypothetical, the program program required one member of the pupilage team to explored the distinct problems of a politically volatile act as a television reporter and videotape interviews case. The facts involved a doctor who performed with all parties in a fictitious case prior to the Inn abortions and a trial throughout which there had meeting. The videotape was played for the Inn and was been intense media coverage, leaks by jurors, and followed by live interviews with the same witnesses by protests by pro-life groups. The pupilage team asked an a member of the local media. insurance litigation specialist and a journalist to discuss Materials: Facts, Law the problems unique to high-profile cases. Presented By: The C.H. Ferguson-M.E. White AIC, Tampa, FL Materials: Facts Date: 1/1/1988 Presented By: The Franklin AIC, Columbus, OH Date: 4/14/1993 P10069 What Gets Published Summary: The Inn conducted a panel discussion of journalists, P10410 The Trials of Jobette Smith lawyers, and professors addressing publishing issues. Summary: This six-part program examined the life of a young, The discussion also focused on the interplay between honest and forthright lawyer who is challenged with Professional Rules of Conduct and a lawyer’s willing- making some difficult ethical decisions during the ness to make provocative statements to the press. course of a trial. Some of the issues this program Materials: Law, Articles presented were opposing counsel’s intentionally Presented By: The Robert W. Calvert AIC, Austin, TX accessing privileged information through trickery of Date: 4/27/1993 an untrained clerk, the interaction of counsel with the press, and the ethical and tactical costs and benefits of P10110 Dealing with the Media dealing with the media. A discussion period followed Summary: The demonstration included a series of vignettes illustrat- each part of the program. ing conversations between the press and the attorneys Materials: Facts, Script, Comments and clients in a suit based on sexual and racial discrimi- Presented By: The Craig S. Barnard AIC, West Palm Beach, FL nation. The program culminated in a courtroom dispute Date: 1/1/1995 concerning press access to a settlement and sensitive information arising from an independent medical P10439 Lessons from the O.J. Trial examination. At the conclusion, the “judge” led a group Summary: This program examined various issues that were discussion that focused on the correct ruling. demonstrated during the infamous O.J. Simpson trial. Materials: Facts The program began with a panel exploring the use of gag Presented By: The Thomas E. Fairchild AIC, Milwaukee, WI orders, attorney contact with jurors, and the presence of Date: 12/3/1992 television cameras in the courtroom. For each issue, two team members were asked to argue the pros and cons. P10126 Media and the Bar The panel moderator/leader then concluded the program Summary: The demonstration was intended to provide practical with a discussion on the issues raised. information for lawyers in dealing with the media Materials: Facts, Law, Bibliography, Comments on high-profile cases. Two pupilage teams offered Presented By: The Boston AIC, Boston, MA examples of “How to Do It” and “How Not to Do It.” Date: 6/4/1996 The pupilage groups were assisted by two members of the local media and the court information officer of P10474 How to “Use” the Media the Minnesota Supreme Court. A discussion followed Summary: This program examined the relationship between the among the Inn members and members of the media. bar and the media. Local members of the print and Materials: Facts, Articles media industry were invited to speak on the issue. Presented By: The Douglas K. Amdahl AIC, Minneapolis, MN Additionally, a legal counsel for both Florida Today and Date: 1/28/1993 WCPX Channel 6 was invited as a guest to, not only educate but, participate in the panel discussion. The P10186 Media and the Law panel discussion addressed the media as witnesses, Summary: The program included a panel discussion of the gag orders and sealing of files. A moderator presented relationship between criminal law and the media. the panel with questions regarding how, why and The panel, consisting of four members of the media, when the media wanted to be contacted. The factual was led by an Inn member acting as moderator and scenario was read and the moderators solicited discussed issues including contact between attorneys comments from both the panel and the Inn members. and the media and cameras in the courtroom. Materials: Facts Materials: Law, Bibliography Presented By: The Vassar B. Carlton AIC, Melbourne, FL Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 3/5/1997 Date: 11/18/1993

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P10508 High Profile Cases P10573 The Wreck of the SS Philadelphia: Summary: The presentation consisted of several vignettes that Leaks and Other Releases explored the effects of newscasters and media access Summary: This program, on the ethics of dealing with the media, ✯ on high profile cases. One factual scenario examined featured press coverage and the conduct of lawyers issues that occur in high profile cases, the law that ✯ during a high profile case. Gag and protective pertains to those issues, and how lawyers might handle orders, case law and model rules were explored as themselves in such cases. Inn members debated first amendment rights versus Materials: Facts, Documents, Law, Articles the court’s interest in preserving a fair trial with an Presented By: The Earl Warren AIC, Oakland, CA unpolluted jury pool. Production quality for the program Date: 5/12/1997 was a high, with “real” clips from television coverage (including computer simulation of the sinking) and live P10529 Public Criticism of Unpopular Judicial Rulings behind the scenes machinations of counsel. by Advocates and Elected Officials: Materials: Script, Articles, Facts, Video Threat to Judicial Independence or F Presented By: The Temple AIC, Philadelphia, PA irst Amendment Right? Date: 4/1/1998 Summary: The program set forth the factors considered by advocates and elected public officials regarding P10616 Free Press—Fair Trial whether to make public statements for the purpose Summary: A panel of experts, prosecutors, criminal defense of influencing a judge’s pending ruling in a case. lawyers, media lawyers and public relations specialist The ethical issues involved in making such public explored an increasingly complicated fact pattern that statements were also addressed. raised difficult questions regarding the interplay among Materials: Facts, Script, Documents the public’s right to information, a criminal defendant’s Presented By: The Charles Fahy AIC, Washington, DC right to a fair trial, the privacy interests of possible Date: 1/9/1996 witnesses and the commercial interests of civil litigants in a related case. The context of the roundtable discus- P10534 Lawyers and the Media sion involved a mythical investigation and prosecution Summary: This program focused on lawyers’ relationship with of a terrorist crime, allegedly committed to prevent the the media- an unavoidable issue in many high-profile completion of a tobacco industry settlement. cases. Two skits focused on a single fact pattern to Materials: Facts illustrate how media issues tend to arise. In the skits, Presented By: The New York County Lawyers’ Association AIC, some lawyers took the bait by defending their client’s New York, NY reputation when responding to relentless reporters. Date: 5/28/1997 Leakage of confidential information and experimenting with the limits of ethical rules were examined. Each P10629 Trial Publicity and Voir Dire presentation was followed by a question and answer of Contaminated Panel session with the Inn members. Summary: Involving the second trial of a real, publicized case, the Materials: Facts, Documents program divided the Inn members in to three groups by Presented By: The Edward Bennett Williams AIC, Washington, DC giving them different sets of information. One group was Date: 9/19/1996 asked what information they would give to the press and why. The second group was asked the same question, P10565 Pretrial Publicity but all of their information came only from counsel. The Summary: The program focused on the obligations of an attorney final group was asked to voir dire a mock jury. when dealing with a highly publicized case. The Materials: Comments, Documents, Facts presentation consisted of a five scene skit, a question Presented By: The Sterry R. Waterman AIC, South Royalton, VT and answer period, a brief presentation by a high Date: 10/22/1998 profile case lawyer and a reporter for the local paper. Issues on dealing with the press were discussed. P10630 Pre-Trial Publicity Materials: Script, Facts, Articles Summary: The program addressed ethical and practical consid- Presented By: The Boston AIC, Boston, MA erations inherent in talking to the press prior to and Date: 3/24/1998 during litigation, leading up to the impaneling of the jury. Both criminal and civil cases were involved, as the pitfalls of speaking to the press, as well as the risks of not speaking out when permitted were highlighted. Materials: Articles, Script, Law Presented By: The Sterry R. Waterman AIC, South Royalton, VT Date: 9/10/1998

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P10755 Trial Publicity and Manipulation of the Media P11117 May I Quote You: Summary: This year long program featured a high profile lawsuit Our Relationship with the Media against a hospital where several doctors were involved Summary: This program touched on several issues surrounding with organ harvesting. Each month focused on a new a lawyer’s relationship with the media in the course of aspect of the case, including whistle blower actions the four act play. The first act was a probably cause under federal and commonwealth statutes, spoliation hearing, the second act was a deposition surprise of evidence and the Daubert/Frye Challenge, and jury press conference, the third the mediation, and the selection and analysis. fourth a suggestion on who to interact with the media. Materials: Facts, Script, Law, Articles Materials: Outline, Script, Articles, Law, Bibliography Presented By: The Guy D. DeFuria AIC, Media, PA Presented By: The Charles C. Doe AIC, Portsmouth, NH Date: 10/1/1999 Date: 10/2/2002

P10827 Lawyers and the Media: Using and Being Used P11163 Jerry Springer v. Judge Judy: The Effects on Summary: The program illustrated the respective roles of counsel the Public Perception of the Judicial System and the press in a case that the media is covering. Summary: This presentation was given for the purpose of Data was also presented on the reaction of jurors to demonstrating the effect of syndicated court dramas, the trial court’s admonitions directed at shielding jurors plays and presentations upon public perception of the from press coverage. A discussion followed concern- judicial system. The program included a skit, three ing the difficult questions confronting lawyers when the previously taped segments, interspersed with periods press is reporting on a case. of lengthy discussion. The program concluded with Materials: Script, Questions, Articles a question and answer period, based upon a study Presented By: The Edward J. McFetridge AIC, San Francisco, CA printed in The American Business Law Association, Date: 10/20/1999 Inc.: American Business Law Journal Materials: Outline, Articles, Facts P11013 Law and the Media Presented By: The AIC of Acadiana, Lafayette, LA Summary: This program was a panel discussion among experi- Date: 1/16/2003 enced lawyers regarding their experiences interacting with the media, including anecdotes and advice on P11176 Pretrial Publicity in Criminal Cases dos, don’ts and strategies for dealing with the media. It Summary: This program occurred shortly after the nationally was supplemented by a presentation from experienced prominent John Robinson trial for serial murder reporters regarding their perspectives on reporting on concluded in Johnson County, Kansas. Driven by legal matters and dealing with lawyers. the coverage of this trial, the demonstration included Materials: Script, Comments, Bibliography, Law, Video a series of vignettes which showed extreme and Presented By: The Lawyers’ Club of San Francisco AIC, San humorous examples of pre-trial publicity. After the Francisco, CA vignettes, the fact patterns and the rulings on the case Date: 11/16/2000 were discussed. Materials: Articles, Law, Handouts, Video P11068 United We Stand! Patriotic and Impartial? Presented By: The Earl E. O’Connor AIC, Overland Park, KS Summary: The program addressed the ability of participants in a Date: 2/11/2003 high-profile trial, such as perceived terrorists, to receive a fair trial in any forum. The subject revolved around P11218 FNN (Fradulent News Network) Reports the civil trial filed on behalf of the estate of a victim of Summary: This programs addresses issues relating to the the 9/11 terrorist attacks. Fairness in venue, pre-trial designation of enemy combatants and the passage publicity as affecting voir dire, media in the courtroom, of the Patriot Act.The pupilage team created a news and related issues were considered. network that acted as a moderator. To provoke thought Materials: Script, Questions, Law, Bibliography, Articles and discussion, a debate is staged and followed by a Presented By: The Temple AIC, Philadelphia, PA final news report that interrupts the regular pprogram. Date: 2/13/2002 Once the broadcast is complete, the session is wrapped up with a presentation on the Patriot Act. After P11116 Mr. Fixit, Esquire the presentation, audience members were asked to Summary: This program included a skit which attempts to illustrate complete a survey. the ehtical issues which counsel may encounter when Materials: Script, Articles, Handouts dealing with the press. The three-act skit was followed Presented By: The Robert G. McGrath AIC, Martinez, CA by a discussion with the audience. Date: 10/9/2003 Materials: Outline, Script, Law Presented By: The Craig S. Barnard AIC, West Palm Beach, FL Date: 10/15/2002

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P11226 Justice and Freedom in High Publicity Cases P11252 Kobe’s Last Play?: A Legal and Social Summary: This program focused on the legal and ethical Analysis of Kobe’s Colorado Criminal Case challenges in litigating cases involving high profile Summary: This program used a broad panel of experts, including clients. The program addresses the issues and judges, professors and practicing attorneys, speak on challenges in a two-part skit that involved pre-trial the Kobe Bryant criminal case on Colorado. The panel motions requesting a gag order and alleging profiteer- examined issues inclusing the venue for the case, the ing. The final part of the program included two speakers victim’s right, racial implications of the case, and the who discussed ethical obligations and freedom of effects of Kobe’s celebrity status. sppech issues which were raised by the presentation. Materials: Articles, Documents, Law, Handouts Materials: Script, Articles, Law, Handouts Presented By: The Charlotte E. Ray AIC, Washington, DC Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 1/22/2004 Date: 2/18/2004 P11255 The Big Chill: Special Motions to Strike, P11245 Talking Heads: California’s Anti-Slapp Statute There But for the Nancy Grace… Summary: This program examined closely California’s Anti-Slapp Summary: This program deals with the problem of statements Statute. Issues involving anti-slapp motions were made by attorneys and expert commentators outside of examined in the context of a specific fact pattern. the courtroom concerning pending cases. The interplay between attorneys for the plantiff and Materials: Articles, Law, Handouts, Video defendant was demontrated by staged office consul- Presented By: The Dean Henry George McMahon AIC, tations. The demonstrations were followed by oral Baton Rouge, LA arguments on the slapp motions, and a question and Date: 3/25/2004 answer period at the conclusion of the presentaiton. Materials: Outline, Script, Articles, Law P11251 Total Recall: California Under the Big Top Presented By: The Louis M. Welsh AIC, San Diego, CA Summary: This program focused on the various legal issues Date: 2/20/2003 associated with California’s recall election, including: 1) whether the recall prcoess was appropriate absent of P11261 Modesto: The Drop Dead Musical the Governor’s illegal activity, malfeasance or incompe- Summary: This program focused on pretrial publicity and its tence; 2) whether an election to replace the recalled effects on potential jurors using the musical Chicago Governor violated California’s Constitution which NEW as a framework. The lyrics from the original score provides that any vacancy of thr Governor’s office be were altered to highlight the legal issues presented. automatically filled by the Lieutenant Governor; 3) Specifically, the program addressed the ethics involved whether anyone who secured the required signatures when lawyers attempt to use the media to obtain an and paid a registration fee was eligible to run for office; outcome favorable to their client, emphasizing the 4) whether the circumstances of the recall election ethics of the profession versus the need to zealously violated the 1965 Voting Rights Act because there represent a client. was not enough time to guarantee a fair election. Materials: Outline, Script, Law, Handouts The issues were addressed throught interviews with Presented By: The Ralph M. Brown AIC, Modesto, CA the Governor and six of the more “colorful” declared Date: 4/10/2004 candidates. Materials: Script, Articles, Documents, Law, Handouts Presented By: The Earl Warren AIC, Oakland, CA Date: 9/17/2003

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P10036 Activist Judges P10142 The Unlovable Jurist Summary: The program was designed to demonstrate and explore Summary: The program presented several skits illustrating when, and the degree to which, an administrative problems attorneys face dealing with uncooperative law judge can and should be active in a proceeding. judges. The program offered effective tactics attorneys Three scenarios focused on settlement discussions, can employ with judges who fail to write timely pre-hearing discovery, and a discovery hearing. An Inn opinions, who insult attorneys, or who are biased. discussion followed the presentation. Materials: Script, Comments Materials: Facts, Script Presented By: The Paca-Brent AIC, Annapolis, MD Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 4/1/1993 Date: 12/18/1989 P10163 Whither Goes the Judge? P10082 Great Expectations Summary: The demonstration focused on judicial skills and ethical Summary: The program included a discussion of lawyers’ expecta- obligations of administrative law judges. Skits dealt tions of judges, judges’ expectations of lawyers, and with issues of fairness and impartiality, avoidance of ex lawyers’ expectations of each other. The program also parte communications, and public controversy involving addressed changing expectations at the appellate level. the judiciary. After each scene, a narrator discussed the Materials: Law, Articles issues raised. Presented By: The Earl E. O’Connor AIC, Overland Park, KS Materials: Script Date: 9/15/1992 Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 12/14/1992 P10089 The Difficult Judge and the Judge with Difficulties P10170 Controlling the Behavior and Appearance of Summary: The program used skits to explore four areas the Advocates and Parties in the Courtroom: where attorneys face difficult or impaired judges. The Judiciary’s Attempt to Achieve Justice? The hypotheticals included sexist judges, incompe- Summary: The program explored the extent to which judges tent judges refusing to allow proper evidence to should control the behavior and appearance of counsel be admitted, judges who are friends with opposing ✯ and parties in the courtroom. The presentation included counsel, and incompetent judges who sleep and do not four scenes involving the criminal trial of a local pastor, pay attention while sitting on the bench. An Inn discus- who is also a local politician, accused of raping a sion followed each skit. church member. At the conclusion of the skit, the Materials: Facts, Script, Law pupilage team presented a series of discussion topics Presented By: The Earl E. O’Connor AIC, Overland Park, KS regarding the judge’s actions and the behavior of the Date: 10/19/1993 defense counsel. The pupilage team also distributed a handout they had prepared regarding the ethical P10123 Recusal or Disqualification dilemmas considered. Summary: The program focused on the issue of recusal and Materials: Facts, Comments disqualification of judges. A paper was presented Presented By: The Charles Fahy AIC, Washington, DC addressing federal and state statutory guidelines for Date: 9/29/1992 disqualifying a judge and the ethical considerations inherent in such a dismissal. P10172 Judge-Baiting, Error-Creating, and Other Materials: Law Ethical Conundrums Presented By: The Sam A. Crow AIC, Topeka, KS Summary: The program involved a role play set in the early stages Date: 5/6/1993 of a class action suit against a chemical company by Vietnam veterans alleging injury from exposure to Agent P10128 Control of the Courtroom: Purple. The skit included a press conference conducted Whose Courtroom Is This? by plaintiff counsel, pre-trial meetings, and a courtroom Summary: The program included a skit of a courtroom scene in scene in which the defense counsel attempts to have which a judge continually allows attorney misconduct. a judge recused due to bias. The case presented The purpose of the program was to illustrate the numerous ethical issues including judicial bias, recusal, judge’s responsibility to control the conduct of lawyers ex parte communications, and judge-baiting. in the courtroom. A discussion followed specifically Materials: Facts, Script, Law, Articles, Comments addressing the course of action to undertake when a Presented By: The Charles Fahy AIC, Washington, DC judge fails to appropriately control the courtroom. Date: 2/4/1993 Materials: Law, Articles Presented By: The Douglas K. Amdahl AIC, Minneapolis, MN Date: 11/19/1993

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P10221 The Judicial Handbook of Kansas City P10344 What is Fair Criticism of Judges? Summary: The Inn program was devised to foster better working Summary: This program examined how far one can go when relations between the bench and bar. The Inn prepared publicly criticizing a member of the bench. The program a questionnaire for every judge in the Jackson County presented a short vignette and discussion questions. The Circuit Court, the U.S.D.C. for the Western District, the vignette concerned a judge being publicly criticized by Bankruptcy Court, and for the federal magistrates. The two attorneys who received unfavorable rulings from the Inn collected responses relating to each judge’s attitude judge. Discussion questions conclude the presentation. and approach to courtroom equipment/decorum, Materials: Facts, Questions, Script, Law, Bibliography, Comments the holding of pretrial conferences, the handling of Presented By: The C. Edwin Moore AIC, Des Moines, IA administrative tasks in each division, pretrial matters, Date: 10/18/1995 briefing, voir dire, expert witnesses, objections/exhibits/ depositions, instructions and other general matters and P10358 Bench/Bar Forum—An Opportunity for published the results in a spiral-bound manual. Mutual Feedback on Certain Issues Materials: Questions, Comments Summary: This program, presented in lecture format, presented Presented By: The Ross T. Roberts AIC, Kansas City, MO the viewpoints of judges on certain issues and allowed Date: 4/30/1993 a panel and Inn members to respond to the judge’s comments. Prior to the presentation of this program, P10232 Civility in the Courtroom judges were interviewed to obtain their viewpoints on Summary: The program included a three-scene skit identifying certain issues and their responses were consolidated many forms of uncivilized courtroom conduct. The skits into a summary report. Following a composite view of included examples of both attorney and judge miscon- the responses, the topics were debated by the panel duct. After each scene, a moderator led a discussion and members of the Inn. that focused on the possible sources of and solutions to Materials: Facts, Questions, Comments the conduct. Presented By: The Earl E. O’Connor AIC, Overland Park, KS Materials: Facts, Script, Bibliography Date: 1/16/1996 Presented By: The New York County Lawyers’ Association AIC, New York, NY P10360 How Judges Decide: Making Discretionary Date: 1/6/1994 Decisions Summary: This program explored how judges make discretionary P10260 Calendar Conflicts and decisions. Four scenarios were presented and discussed. One’s Duty to the Court The first scenario involved a motion to grant leave to Summary: The program focused on the impact scheduling amend to claim punitive damages under Kansas state conflicts have on the judicial system and how such court standards giving discretion to the trial court. The ✯ conflicts threaten to delay trials. Several scenes second involved a motion to compel discovery of a illustrated how attorneys, witnesses, jurors and judges videotape surveillance. The third involved a motion to may be responsible for upsetting the court’s calendar. compel discovery and for sanctions arising out of a The underlying themes of each scene were notions of deposition. The fourth was a motion to allow untimely professionalism and courtesy. jury demand for an out-of-state attorney making an Materials: Facts, Script, Documents, Law, Articles, Questions untimely request and disrespecting the court. Presented By: The Charles Fahy AIC, Washington, DC Materials: Facts, Questions, Script, Law, Comments Date: 3/10/1994 Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 1/16/1996 P10329 Dealing With Difficult Lawyers and Difficult Judges P10377 A Reminder of Professional Ethics Summary: This program used a negligence and code violations Summary: This program presented three scenarios that question suit filed by a tenant against the landlord to give behavior by members of the bar that can be deemed examples of how difficult judges and attorneys can unethical. The scenarios included a judge’s endorsing affect a case. Some of the examples that illustrate and encouraging support for a charity the defense problems that may occur when dealing with difficult attorney had made large contributions to, an attorney’s judges or attorneys include the judge’s inappropri- assessing interest on a client’s past due balance, and ate comments about the landlord indicating that he attorneys who place an advertisement in the phone has pre-judged the case, and the attorney’s unduly book identifying them as specialists. Discussion badgering a witness and using leading questions on questions were presented at the end of each scenario. direct examination. A mock jury responded to the highs Materials: Facts, Questions, Bibliography and lows of the presentation. Presented By: The George L. Reese, Jr. AIC, Roswell, NM Materials: Facts, Law, Bibliography Date: 1/18/1996 Presented By: The Boston AIC, Boston, MA Date: 2/15/1995

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P10497 The Impossible Judge P10657 Judicial Disqualification Summary: This program used a skit to illustrate the tension Summary: The presentation began with a brief overview of judicial between judicial independence and judicial accountabil- disqualification. The program illustrated how a party ity. The lawyers in the group also called the situation could move for the disqualification of a judge if an being “hometown’d,” in which a judge played favorites to attorney had a well grounded fear that a fair trial could a local lawyer in opposition to the big city law firm. not be achieved before a particular judge. Materials: Script, Bibliography Materials: Script Presented By: The University of Pennsylvania Law School AIC, Presented By: The Family Law AIC of Tampa, Tampa, FL Philadelphia, PA Date: 2/4/1998 Date: 11/11/1997 P10705 The Unprepared Lawyer, P10562 Pet Peeves the Bench and Bar the Inexperienced Lawyer, and the Judge Have About Each Other Summary: This program was designed to address the proper way Summary: Through a series of skits, the presentation sought to for courts and parties to deal with unprepared lawyers, illustrate the most common complaints of the bench inexperienced lawyers, and judges’ reactions thereto. It and bar. “Peeves” of the bench included failure to give was presented through a series of scenes taking place straight answers to a question, unreasonably lengthy before a judge during a pretrial conference. briefs, improper coaching of witnesses, and last minute Materials: Script, Law disputes. “Peeves” of the bar included “strong-arming Presented By: The Prettyman-Leventhal AIC, Washington, DC parties to settle cases, failure to read motion papers Date: 11/9/1998 before the hearing, lengthy waits for written decisions, failure to rule on objections, and failure to concentrate P10738 Getting the Judge’s Attention on testimonies. Summary: The program utilized a scenario about a mass Materials: Bibliography, Questions, Script malpractice suit as a basis for learning about a judge’s Presented By: The Boston AIC, Boston, MA expectations of the attorneys in his or her courtroom. Date: 11/18/1997 The program included the results of a judicial survey, summarizing the key elements. P10569 Judicial Independence Materials: Facts, Questions, Law Summary: This presentation focused on the ethical issues that Presented By: The Louis M. Welsh AIC, San Diego, CA threaten the decisional and institutional independence Date: 11/19/1998 of the judiciary today. Topics included the methods by which judges are appointed or elected to the bench, P10842 Protective Orders— the removal of judges from the bench, congressional The Outer Limits of Judicial Authority influence, criticism of decisions by the media and Summary: This program traced the origin, development and the possible effect of public opinion on judges. The application of protective orders in a trade secrets chairman of the American Bar Association Commission case, illustrating the problems and shortcomings. The on Separation of Powers and Judicial Independence program consisted of three vignettes, two video-taped was invited to be a guest speaker. and one performed live. The scenes showed a hearing Materials: Script, Facts in the Superior Court to discuss a temporary restrain- Presented By: The Temple AIC, Philadelphia, PA ing order, a conference to work out the details of the Date: 11/12/1997 protective order, and another hearing for sanctions for violations against the protective order. P10639 Inns of Court as a Seminal Paradigm and Materials: Facts, Documents, Law, Articles, Bibliography, Video Metaphor for Jurisprudential Pedagogy Presented By: The Louis M. Welsh AIC, San Diego, CA Summary: This program first covered the “history” of the Inns of Date: 5/20/1999 Court with humor and local flavor. The second act, a musical, detailed the rise of a local judge in front of P10909 Effective Courtroom Etiquette & Courtesy his obsequious chorus. Both sections could easily be Summary: This program looked at lawyer’s professionalism. changed to personalize your inn. Hypothetical situations were presented for discussion. Materials: Script Some of the material included, A Lawyer’s Creed of Presented By: The Michelle F. Mehaffy AIC, Beaumont, TX Professionalism, Standards for Professional Conduct Date: 4/1/1998 Within the Seventh Federal Judicial Circuit, Business & Professions Code and Lawyer’s Professionalism Hypothetical Problems. Materials: Articles, Bibliography, Law Presented By: The San Francisco Lawyers’ Club AIC, San Francisco, CA Date: 1/20/2000

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P10931 Litigation Land Mines P11105 Got a Problem But No Time, No Money: Summary: The objective of this demonstration is to provide the Inn Alternatives to Using the Judicial System with a vehicle in which to present and discuss appropri- Summary: This program creates a forum in which to discuss the ate techniques for handling the unanticipated events shortcomings of the judicial system in the civil dispute which inevitably occur during trial. The demonstra- context with very little required in time or resource tion focuses on difficult or uncooperative judges and commitment. witnesses. Materials: Outline, Comments, Facts Materials: Script, Facts, Questions Presented By: The H. Vearle Payne AIC, Alburquerque, NM Presented By: The Leo A. Deegan AIC, Riverside, CA Date: 3/25/2002 Date: 4/27/1994 P11163 Jerry Springer v. Judge Judy: The Effects on P10947 Recusal of the Judge the Public Perception of the Judicial System Summary: The program presented numerous issues bearing on Summary: This presentation was given for the purpose of judicial behavior that might lead counsel to suggest demonstrating the effect of syndicated court dramas, recusal or invite a judge to consider recusal. Two plays and presentations upon public perception of the musical interludes with pertinent lyrics were included in judicial system. The program included a skit, three the program. previously taped segments, interspersed with periods Materials: Script, Articles, Comments of lengthy discussion. The program concluded with Presented By: The Charles Fahy AIC, Washington, DC a question and answer period, based upon a study Date: 10/12/2000 printed in The American Business Law Association, Inc.: American Business Law Journal P10994 To Be Continued: Materials: Outline, Articles, Facts Death, Lies & Unavailability Presented By: The AIC of Acadiana, Lafayette, LA Summary: This program focused on the issue of trial continuances. Date: 1/16/2003 The program was divided into three acts that addressed questions of ethics and civility between lawyers seeking P11222 All Those Pesky Rules of Evidence continuances and the role of the court, including the Judges Expect You to Know courts ethics, in ruling upon trial continuances. Summary: The legal focus of the program was on providing Materials: Script, Law, Bibliography, Questions attorneys an evidence primer to show how to introduce Presented By: The Ralph M. Brown AIC, Modesto, CA or object to evidence based on the results of a poll of Date: 11/30/2000 judges. That is, what was making judges mad when attorneys do not know hoe to intorduce relevant P11046 The Challenge of a Challenge evidence or make a proper objection. The program Summary: The program sought to help members to understand included research on six specific types of evidence and the basic law concerning challenges of state and suggestions dealing with how to get them in or keep federal judges and to explore how law firms internally them out of a case. decide whether to challenge. These objectives were Materials: Script, Facts, Law approached through a question-and-answer format. An Presented By: The Annette Stewart AIC, Dallas, TX overarching theme was the tension between the rights Date: 2/24/2004 of judges as citizens and the needs of the judiciary as an institution. P11258 Can I Talk to You? Materials: Script, Questions, Articles, Law, Bibliography Summary: This presentation examined the distinction between Presented By: The Louis M. Welsh AIC, San Diego, CA premissible ex parte hearings and informal one-sided Date: 2/21/2002 NEW communication with judges. The formal rules and informal culture of ex parte hearings in state, federal, P11058 Honey, We Shrunk the Judge: bankruptcy court, and arbitration proceedings were a The Diminishing Role of the Judiciary major part of the program. Actual practice was compared Summary: The program focused on the ADR phenomenon as part to the rules to show the reality of ex parte hearings. of a bigger, more powerful debate about the potentially After a PowerPoint presentation on judicial perception ✯ diminishing role of the judiciary. Using song and spoof, and procedure, a panel discussion highlighted ethical members presented a doomsday scenario where concerns of impermissible one-sided communication. judges relinquished most of their power to administra- Materials: Outline, Facts, Law, Questions, Handouts tors, government officials, and the litigants themselves. Presented By: The Louis M. Welsh AIC, San Diego, CA Materials: Script, Articles, Bibliography Date: 3/18/2004 Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 2/19/2002

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P11276 Judicial Ethics P11326 Injustices of the Supreme Court: Summary: This program raised ethical questions regarding Principle, Prudence, or Politics? judicial conduct through the use of pre-recorded video Summary: The program aimed to raise fundamental questions NEW segments and a PowerPoint presentation including a about the interplay among constitutional and common summary of the rules governed by the Florida Code of NEW law principles, practical considerations or prudence, and Judicial Conduct. politics, in judicial decision-making. It achieved this by Materials: Law, Questions, Video, Disc dramatizing three decisions of the Supreme Court of the Presented By: The William H. Stafford AIC, Tallahassee, FL United States, each historical and controversial, reflect- Date: 11/1/2004 ing sensitive issues of the time. The cases used were Dred Scott v. Sanford, Korematsu v. United States and P11309 Beyond Belief: Truth or Fiction? Hamdi v. Rumsfeld. Summary: This program addressed various professional issues Materials: Outline, Script, Facts, Law, Handouts such as: duty to opposing counsel; prosecutorial conduct, Presented By: The Edward J. McFetridge AIC, San Francisco, CA NEW and proper judicial decorum. Using the Science Fiction Date: 3/16/2005 Channel television show Beyond Belief: Fact or Fiction as a framework, the team members presented four different P11338 Judicial Ethics in Law & Motion Practice or scenes. After each skit, a facilitator asked the audience to How to Handle the Dreaded vote which scenes they believe were fictional and which “Motion to Kiss My A**” scenes were true cases, and led a discussion after each Summary: This program was written as a parody of an actual vote regarding issues raised by each scene. federal court case brought by an inmate against all Materials: Outline, Script, Facts, Law, Questions, Handouts NEW judges in the federal district. The case involved problems Presented By: The Arizona Thurgood Marshall AIC, Phoeniz, AZ of judicial ethics that resulted in prisoners that brought Date: 4/28/2004 action against the judiciary and it involved the manner in which the judges chose to respond. The script for the presentation involved two “flies on the wall” who were dressed in full fly regalia who offered commentary on the proceedings that they overheard. Materials: Outline,Script, Law, Handouts Presented By: The Wray Ladine AIC, Modesto, CA Date: 3/10/2005

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P11187 The Wicked Witch Strikes Back P11243 800 Years of Habeas Corpus Summary: This program, a fanciful skit based in part on the Summary: The program addresses the origin, development and Wizard of Oz, explores different outcomes of removing occassional suspension of the writ of habeas coprus. judges from cases based upon the actions and Patterned after the History Channel and using period attitudes of counsel. The program placed emphasis on music, cosutmes and a PowerPoint program prjecting ehitcal, courteous conduct. historical figures and events, the program begins Materials: Script, Comments with King John signing the Magna Carta and ends Presented by: The Honorable Benjamin Aranda, III, AIC, Torrance, CA with Jow Padilla and other detainees of the war on Date: 3/18/2003 terrorism.The program is the second part in a two-part series examining the impact of legislation dealing with P11192 Unified Family Court Showcase terrorism on personal liberties. Summary: The focus of the programs was to demonstrate how the Materials: Script, Articles, Documents, Law, Handouts, Disc Florida Unified Family Court System works. The Unified Presented By: The Earl Warren AIC, Oakland, CA Family Court was developed by Circuit Judge, and Date: 1/21/2004 former D.R. Smith Inn of Court President, Raymond T. McNeal. The Programs seeks to unify the related areas P11247 Justice for Just Us; Its Only Fair of dissolution, dependency, domestic violence and Summary: This program highlighted how litigants might perceive adoption before a single court. The local Inn program baises within the judiciary and bar when judges and was presented in the style of musical theatre and used lawyers are affiliated with religious ideas or certain organi- four separate scenes to demonstrate how the unified zations. The growing trend of legal blogs provided the system works. opportunity of weaving in a discussion of the appropriate- Materials: Script, Articles, Law ness of whether the courts should use information found Presented By: The D. R. Smith AIC, Ocala, FL on legal blogs in resolving legal disputes. The program Date: 11/21/2002 was divided into three acts, each act had two scenes. A lively audience discussion followed each act. P11236 A Fool for a Client: How to Deal with Materials: Script, Law, Questions, Handouts Self-Represented Litigants Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Summary: The program contains five separate scenes, each one Date: 1/20/2004 of which depicts an attorney or judge who deals with self-represented litigants and addresses the ethical and P11258 Can I Talk to You? professional responsibilities related to the same. Summary: This presentation examined the distinction between Materials: Outline, Script, Articles, Documents, Law, Questions, premissible ex parte hearings and informal one-sided Handouts NEW communication with judges. The formal rules and Presented By: The Ralph M. Brown AIC, Modesto, CA informal culture of ex parte hearings in state, federal, Date: 3/18/2004 bankruptcy court, and arbitration proceedings were a major part of the program. Actual pratice was compared P11242 Freedom Under Surveillance to the rules to show the reality of ex parte hearings. Summary: Educating lawyers and the general public about the After a PowerPoint presentation on judicial perception FISA courts and the general impact terrorism legislation and procedure, a panel discussion highlighted ethical has on fundamental personal liberties is the objective concerns of impermissible one-sided communication. of this program. A town hall approach to the discussion Materials: Outline, Facts, Law, Questions, Handouts was used to avoid trivializing any of the issues. Topics Presented By: The Louis M. Welsh AIC, San Diego, CA were discussed in point-counterpoint format to keep the Date: 3/18/2004 program balanced. Materials: Script, Articles, Documents, Law, Handouts P11266 What Is It? Unethical, Unprofessional, or Presented By: The Earl Warren AIC, Oakland, CA Something Else? Date: 4/16/2003 Summary: This demonstration consists of various courtroom vignettes showing the different stages of a case, including pretrial NEW argument, jury selection, witness examination, and closing arguments. The purpose of the program is to demonstrate common examples of unprofessional conduct that might not be unethical or illegal. The videotape included with this program also contains a conversation between two experienced superior court judges, which gives some insight into the thinking of a judge. Materials: Articles, Documents, Law, Handouts, Video Presented By: The Louis M. Welsh AIC, San Diego, CA Date: 12/11/2003

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11273 Judge or Jury? P11312 Total Recall Summary: The presentation examined the factors to consider in Summary: This program highlighted some of the positive and deciding whether a case is best served by a bench or negative aspects of the recall process as applied to NEW jury trial. Factual scenarios, presented via video, were NEW the judicial branch of government. It was intended used as the context for client and counsel conferences to stimulate discussion on the topic as the recall with both the plaintiff and the defendant. A panel discus- of Governor Gray Davis and the election of Arnold sion, with audience participation, followed and consid- Schwarzenegger has increased attention, and perhaps ered the differences between state, federal, criminal, acceptance of the recall as a way to address perceived and civil cases. ills. It became an even more relevant topic as a local Materials: Outline, Articles, Facts, Law, Video judge, and Inn of Court member, was involved in an Presented By: The Louis M. Welsh AIC, San Diego, CA active recall campaign at the time of the presentation. Date: 10/21/2004 Materials: Outline, Script, Articles, Questions, Handouts Presented By: The Anthony M. Kennedy AIC, Sacramento, CA P11290 Trading Places: A Glimpse into the Practice Date: 1/18/2005 of Law Across the Pond Summary: The focus of this program was to highlight the differences between modern American and British systems of NEW law. The program demonstrates the major differences in civil and criminal proceedings. It also looks at historical aspects of the British system, including: solicitors, barristers, the wigs and robes, and the Inns of Court. The differences are represented in the two systems by using a plot that involves an American judge who is arrested in England and accused of assaulting a member of the Royal Guard at Buckingham Palace. Materials: Script Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 1/20/2005

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P10048 Professional Politeness and Ethics P10166 Lawyer-to-Lawyer Relations: Summary: The program centered on a recent article in the How Do We Bring Back the Good in Our International Society of Barristers Quarterly that focused Current Day-to-Day Dealings with Each Other? on two opposing views regarding politeness in the Summary: The program presented a scenario in which an attorney legal profession. Two senior Inn Barristers led a discus- representing a partner in dissolution negotiations learns sion arguing opposite points of view. Topics addressed that his client has not been honest with his partner included whether courtesy and politeness were part of a about his motives for dissolution. A discussion followed lawyer’s professional obligation and whether rudeness, that considered the duties of the representing attorney. intimidation, and hostility were ever-appropriate tactics in Materials: Facts the zealous representation of clients. Presented By: The Montgomery County AIC, Montgomery County, MD Materials: Law, Articles Date: 12/8/1993 Presented By: The Robert Van Pelt AIC, Lincoln, NE Date: 1/8/1991 P10201 Inadvertent Waiver/ The Inexperienced Attorney P10054 Impaired Lawyers: How to Handle Them; Summary: The two-part program included an introductory discus- How to Help Them sion on inadvertent waiver, which was followed by a Summary: The program was presented in two parts, one dealing skit. The program focused on the increased possibility with an impaired judge and the other with an impaired of inadvertent waiver in situations where inexperienced senior partner. The first skit involved a recusal motion attorneys are concerned. The Inn specifically discussed filed by an attorney practicing before an impaired judge. the attorney/client privilege and the work-product doctrine. The second skit involved partners in a law firm who Materials: Facts, Script, Law must deal with another partner who, due to alcohol Presented By: The Temple AIC, Philadelphia, PA abuse, may subject the firm to a malpractice suit. A Date: 4/13/1994 discussion followed and focused on various approaches to dealing with impaired professionals. P10203 Confronting the Unthinkable—The Sad, Materials: Facts, Script, Law, Articles, Comments Strange Tale of Oliver Wendell Diptill, Esq. Presented By: The Charles Fahy AIC, Washington, DC Summary: The program, presented in skit format, involved the Date: 10/3/1991 unethical activities of a well-respected attorney handling the execution of a will. The presentation lead to a discus- P10071 When the Partnership Splits Up sion focusing on the obligations of an attorney who Summary: The program focused on ethical issues faced by uncovers the unethical behavior of another attorney. attorneys involved in partnership dissolutions. A panel Materials: Script ✯ addressed the issues and stressed avoiding law firm Presented By: The Guy G. DeFuria AIC, Media, PA. dissolution. Date: 1/1/1993 Materials: Facts, Script Presented By: The Joseph A. Ball-Clarence S. Hunt AIC, Long Beach, CA P10259 Civility— Date: 1/12/1993 Does Our Profession Have a Problem? Summary: The program explored possible reasons for the decline P10084 Persona Non Grata, or in civility in the legal profession. The program was Am I My Sibling’s Keeper? ✯ comprehensive and addressed loss of civility between Summary: A panel of senior attorneys presented fact patterns law professors and law students, lawyers and other involving impaired attorneys. The program addressed lawyers, the bench and the bar, and between judges at several factors contributing to drug and alcohol the appellate level. abuse by the bar. The program explained the Kansas Materials: Law, Articles Impaired Lawyer’s Assistance Program and specifi- Presented By: The Charles Fahy AIC, Washington, DC cally addressed the applicability of the Americans with Date: 4/7/1993 Disabilities Act to law firms and attorneys with drug and alcohol dependencies. P10266 The “SOB” Litigator Materials: Facts, Law, Articles Summary: This program used several skits to examine abusive Presented By: The Earl E. O’Connor AIC, Overland Park, KS and unethical tactics used by attorneys in litigation. The Date: 4/20/1993 issues addressed included pursuit of a client’s non- litigation objectives, ex parte contacts with the bench, and deposition tactics such as constant interjections, off-the-record discussions, and speaking objections. Materials: Documents, Law, Articles Presented By: The Franklin AIC, Columbus, OH Date: 10/13/1993

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P10278 The Trial—Perspectives P10334 Ethical Dilemmas Facing Young Lawyers Summary: The program was a mock medical malpractice case Summary: This two-skit program gave examples of ethical arising from the death of a child. Each player in the dilemmas faced by new attorneys. Following each skit, drama offered a variety of perspectives on the same members were asked what the attorney could or should event, seemed dissatisfied with the outcome, and had do in each instance. This Inn invited two experts, an a different target for the blame. The subjects introduced attorney from the Board of Bar Overseers, and an during the play and offered for discussion were the types attorney on the internal Ethics Committee of a large of conduct in a courtroom likely to offend jurors, the need firm, to comment on the topic. to get one’s point across even at the risk of offense, Materials: Facts, Law, Bibliography, Comments the need to anticipate what will happen in a courtroom Presented By: The Boston AIC, Boston, MA before it happens, and whether judges should permit Date: 9/26/1995 lawyers to talk with jurors after a trial is over. Materials: Facts, Script, Comments P10362 Professional Courtesies Presented By: The Temple AIC, Philadelphia, PA Summary: This program was designed to prompt thought among Date: 10/12/1994 Inn members on professional courtesies extended to fellow members of the bar. Two scenarios questioned P10295 The Stressful Day whether members of the Inn would extend a courtesy Summary: The program was a re-enactment of an attorney’s and grant a requested continuance. Breaks during typical stress-filled day. It began with an angry confron- the two scenarios allowed the moderator to ask Inn ✯ tation with a client and ended with the attorney’s members if they would grant a continuance for the returning home for the evening to find his wife in the particular situation. process of leaving him. This Inn requested a psychia- Materials: Script, Articles trist to observe the presentation and to make profes- Presented By: The Oliver Ellsworth AIC, Hartford, CT sional observations of some of the stress-related issues Date: 3/28/1995 raised during the program. Materials: Script, Comments P10388 Client Interview/Ethical Considerations Presented By: The Sterry R. Waterman AIC, South Royalton, VT Summary: This program examined various ethical considerations Date: 9/17/1994 regarding conflicts, multiple representation and other ethical dilemmas raised surrounding an auto accident. P10310 Achieving Racial Equality and Eliminating At the conclusion of each skit there was discussion of Racial Bias in the Judicial System the ethical dilemmas raised by the skit. At the end of Summary: This program addressed both sexual and racial inequi- the skit presentations, the Inn was divided into small ties, specifically in the Florida legal system. A panel groups to continue to discuss the ethical dilemmas. ✯ consisting of both Inn and non-Inn members addressed Materials: Facts, Script, Documents, Bibliography, Comments and discussed issues such as encouraging minority Presented By: The Col. Albert J. Fountain, Las Cruces, NM high school students to pursue law-related careers and Date: 9/21/1995 encouraging local law firms to attract and hire minority lawyers and staff members. P10394 Civility in the Courtroom and Materials: Facts, Questions, Script, Documents, Articles, the Practice of Law Bibliography, Comments Summary: This program was designed to promote thought and Presented By: The Justice William Glenn Terrell AIC, Tampa, FL discussion about the concept of civility in the litigation Date: 11/17/1994 process. Four specific questions were presented to Inn members at the beginning of the program to be P10314 The Door Swings: Lawyers on the Move answered at the conclusion of the program. Three skits Summary: The program used three scenarios to examine were then presented to the Inn to help answer the four potential ethical dilemmas that may arise when a discussion questions. ✯ lawyer changes employment. The scenarios dealt with Materials: Facts, Questions, Script contacts with clients of previous firms and with partners Presented By: The Donald E. Wieand Sr. AIC, Allentown, PA of the new firm, ethical and practical considerations of Date: 9/20/1995 bringing new lawyers with an existing practice into a firm, and the use of an “ethical wall.” This Inn used an attorney who specializes in counseling partners who are changing firms to facilitate the program. Discussion questions followed each scenario. Materials: Facts, Script, Documents, Law, Bibliography, Comments Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 10/17/1994

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P10403 50 Ways to Leave Your Partner P10572 Close Encounters of the Unkind— Summary: This program, by way of a skit, examined the proper way How Civil is Our Legal System? for shareholders to leave a firm. This program presented Summary: A series of vignettes illustrated the difficulties of ✯ and answered several questions such as the amount remaining “civil” given the pressures of present day of planning involved before making the announcement litigation. The program addressed topic such as sending of the departure, what and when clients can be told, an inexperienced associate to trial without proper when to notify other shareholders left behind, and the mentoring, refusal to grant reasonable requests to the legal liabilities that arise. The program concluded with a other side (due to bad behavior) and direct confronta- hearing on a Motion for Summary Judgment against the tion and abuse. Each vignette was followed by lively departing shareholders on a claim for breach of fiduciary discussion among the audience, including active partici- duty and tortuous interference. pation by members of the bench. Materials: Facts, Script, Law, Articles, Bibliography, Comments Materials: Script, Articles, Facts Presented By: The C. H. Ferguson-M. E. White AIC, Tampa, FL Presented By: The Temple AIC, Philadelphia, PA Date: 9/19/1995 Date: 3/11/1998

P10502 A Christmas Torte: Lawyer-Judge P10693 Endings Relationships, Past, Present & Future Summary: The program featured six short skits on the practical Summary: This was a humorous program patterned on the format and ethical problems that arise at the end of various of Dickens’ A Christmas Carol. The play portrayed how ✯ legal relationships. Topics included the end of attorney- the lawyer-judge relationship has evolved from the client relations, the end of adversarial relationships “good old boy” relationship to a more aloof, yet more between attorneys at the close of a case, the end of a contentious, relationship and the adverse effects on multi-plaintiff case through settlement and the end of justice of each type of relationship. attorney-judge relations at the close of a trial. Materials: Script, Comments Materials: Script Presented By: The Grand Rapids AIC, Grand Rapids, MI Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 12/2/1996 Date: 9/16/1997

P10530 Breaking Up (the law firm) P10697 The Peer Review Program is Hard to Do—Right? Summary: The program featured two skits to display how a peer Summary: This program, presented in a skit format, examined review program is and is not designed to work. Both the relationships between splitting partners and the skits were based on actual occurrences and included ethical and legal issues involved in the separation. improper behavior and evident examples of obstruc- The program presented the scenario of two attorneys, tions of justice. a seasoned partner and a new partner, who decided Materials: Script, Facts, Law to leave a family-style law firm for a larger, nationally Presented By: The Justice William Glenn Terrell AIC, Tampa, FL recognized firm. The two departing partners attempted Date: 4/21/1998 to take the firm’s biggest client with them to the new firm. When questioned in a partners’ meeting the two P10739 The Incivility Zone deny plans to take clients or associates with them. The Summary: The team showcased bad behavior by attorneys in their firm eventually files suit against the departing attorneys offices, at deposition and in the courtroom. Each scene and the new firm. ✯ was subdivided to first show a form of abusive behavior Materials: Facts, Script, Documents before demonstrating both productive and non-produc- Presented By: The Charles Fahy AIC, Washington, DC tive methods of responding to these abusive tactics. For Date: 4/3/1997 humor, the team used the classic television program The Twilight Zone as a frame for the presentation. P10570 A Christmas Conflict Materials: Script, Questions, Bibliography Summary: A series of vignettes explored the practical and ethical Presented By: The Boston AIC, Boston, MA issues associated with the break-up of a law firm. The Date: 9/14/1999 program also examined the dilemmas that lawyers face in a “business” environment that has become intensely P10740 A Mid Winter’s Nightmare, or A Shakespearean competitive as consumers become more sophisticated. Tragedy: A Law Firm Breakup Most Foul Materials: Script, Articles, Facts Summary: This program presented the issues surrounding a Presented By: The Temple AIC, Philadelphia, PA law firm breakup as a Shakespearean drama. Using Date: 12/10/1997 language from Macbeth, Hamlet, and A Midsummer Night's Dream, the play covered issues from partnership agreements to client’s rights to following a breakup. Materials: Script, Questions Presented By: The Temple AIC, Philadelphia, PA Date: 1/13/1999

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P10769 In Living Color— P10826 Mentoring Effective Lawyering and the Race Card Summary: The program consisted of scenes showing the signifi- Summary: The program was presented in five scenarios portraying cance of enforcing a mentoring system within the legal racial issues in real word situations where “real people” profession. The scenes were followed by a professional had to make practical decisions. For example, the first consultant who helps organizations and individuals skit was about a firm faced with layoffs as they consid- develop effective mentoring and networking programs. ered whether to keep their biggest client, a well-known Materials: Script racist. Each skit was followed by a discussion. Presented By: The Edward J. McFetridge AIC, San Francisco, CA Materials: Script, Questions Date: 1/20/1999 Presented By: The Leo A. Deegan AIC, Riverside, CA Date: 12/1/1999 P10837 Mentoring Summary: The group presented three skits illustrating when, P10772 Civility in the Courtroom, or How Not to where and how mentoring of novice attorneys can take Tarnish Your Reputation, Damage Your Case, ✯ place within the firm and in an adversarial setting. The and Further Demean Your Profession program examined several specific factors contribut- Summary: This program used two fact patterns to discuss certain ing to the decline of the mentoring process, including guidelines of professionalism. The fact patterns dealt the pressure to bill hours and the hoarding of work by with suppression rulings in a murder and rape case. A senior attorneys. panel discussion concerning the guidelines for profes- Materials: Script, Law sionalism followed. Presented By: The Warren E. Burger AIC, St. Paul, MN Materials: Facts, Law, Articles Date: 10/20/1999 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 3/25/1999 P10995 Civility in the Practice of Law Summary: This program presented several scenarios in which P10776 A Night at the Oscars civility was the focus. Between each scene discussions Summary: This program combined selected scenes from award- were held concerning civility in the practice of law. winning motion pictures with brief lectures by attorney Materials: Script presenters to illustrate particular courtroom skills for both Presented By: The Ralph M. Brown AIC, Modesto, CA attorneys and lawyers. Presenters discussed effective Date: 2/15/2001 cross-examination techniques for trial lawyers and how to maintain decorum in the courtroom for trial judges. P11070 Promoting Civility Materials: Script, Bibliography Summary: The focus of this program was civility in the legal profes- Presented By: The Willamette Valley AIC, Salem, OR sion and related ethical issues. It presented these issues Date: 3/18/1999 by examining various scenarios in the office, in deposition, and in the courtroom where civility, or lack thereof, P10798 Professional Opportunities and affected the behavior of the attorneys and the court. Opportunities to be Professional Materials: Script, Articles, Law, Bibliography Summary: This program consisted of a series of three speakers Presented By: The Temple AIC, Philadelphia, PA discussing professionalism, lawyer’s liability, and Date: 1/9/2002 lawyers helping lawyers. A question and answer session followed each speaker. P11088 The Uncivil Zone Materials: Law, Articles Summary: Based on the television show The Twilight Zone, Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK this program ventured into a place where unprofes- Date: 3/24/1999 sional behavior and communication problems arose between opposing attorneys, attorneys and court P10813 An Ounce of Prevention personnel, partners and associates, and even attorneys Summary: The program centered on the sage advice from and judges. One vignette showed an attorney who partners on the practice of law to a young attorney who disclosed a letter sent to him from opposing counsel was leasing office space from them and sharing some using profane language. In the final scenario, the same of their services. The young attorney was unaware of attorney presented a surprise ending. The vignettes the impact her sloppy practice had on the good name ended with a judge who questionably undermined the of the partners’ firm. criminal justice process. Materials: Script, Facts, Articles Materials: Script, Law, Articles, Facts Presented By: The Centennial AIC, Flint, MI Presented By: The Earl Warren AIC, Oakland, CA Date: 2/16/1999 Date: 9/19/2001

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P11135 It Can’t Happen Here Again—Can It? P11177 Multi-Jurisdictional Practice Summary: In this program, the presenting team explored whether Summary: The goal of this program was to raise the conscious- anything akin to the internment of Americans of ness of Inn members about the traps of multi-jurisdic- Japanese ancestry during World War II could happen tional practice. The program also examined several again, and if so, what is the bar’s role. The issues propals to find solutions to the problems. were addressed by a skit, and then by a question and Materials: Outline, Script, Articles, Law, Questions, Handouts answer period. Presented By: The Southern Illinois AIC, Carbondale, IL Materials: Outline, Script, Articles, Facts, Law, Questions Date: 1/15/2003 Presented By: The William L. Dwyer AIC, Seattle, WA Date: 10/15/2002 P11183 Let’s Kill All the Lawyers: Why do they hate us and what can we do? P11148 A View from Perspectives Summary: The purpose of this program was to explore the on the Legal Profession image problem of the legal profession. This goal was Summary: The subject matter of this program pertained to accomplished by, first educating the Inn on the history perspectives on the legal profession, particularly the of society’s perception of lawyers, using a series of public’s perception of the same. The demonstration qutations given by costumed characters. Next, a discus- was held at a local restaurant and used cast members sion focused on the question “Why Do They Hate Us?”. placed amongst the dinner guests. The cast members The discussion was followed by a presnetation on the voiced their opinions of lawyers and the legal system efforts and tactics that bar organizations, law firms, and prompted a far-ranging discussion. and individual attorneys have made to improve public Materials: Outline, Script, Articles, Handouts perception of attorneys. A second discussion period Presented By: The Temple AIC, Philadelphia, PA focused on what, if anything, individual Inn members Date: 12/11/2002 felt they could be done to improve public opinion. Materials: Script, Articles P11161 Law and Society: Ralph Ellison Presented By: The Owen M. Panner AIC, Portland, OR Summary: This program turned its light on lawyers who must Date: 3/11/2003 interact, and sometimes struggle, with societal forces in carrying out their professional duties. Defining the P11207 An Oral History of the Practice of Law issues by reference to the work and life of Ellison, in the 20th Century the program focused on the law’s civil interaction with Summary: Recognizing the value of the perspective of time, this factors like racism and the problems arising from program provided a look back at the practice of law unequal and arbitrary enforcement of the laws. through the eyes of thirteen accomplished lawyers Materials: Outline, Script, Articles, Law, Bibliography, Video and judges from Philadelphia, each of whom has been Presented By: The William J. Holloway, Jr. AIC, Okalhoma City, OK practicing law for more than fifty years. They were Date: 2/14/2003 interviewed by members of the Inn who asked them questinos about racism, sexism, civility, billable hours, P11168 Some (Lawyers) Like It Hot law as a profession and other related topics. Summary: The program was separated into five chronological Materials: Outline, Articles, Documents, Questions, Video scenes and three discussion sessions, one following Presented By: The Temple AIC, Philadelphia, PA each major topic concerning the recent implementation Date: 5/7/2003 of standards of professional conduct for attorneys who appear and practice before the SEC on behalf of issuers. P11242 Freedom Under Surveillance Materials: Outline, Script, Articles, Law Summary: Educating lawyers and the general public about the Presented By: The Ralph M. Brown AIC, Modesto, CA FISA courts and the general impact terrorism legislation Date: 2/20/2003 has on fundamental personal liberties is the objective of this program. A town hall approach to the discussion P11175 Academy Awards of Dignity in the Law was used to avoid trivializing any of the issues. Topics Summary: Focusing on dignity in law, the pupilage group elected to were discussed in point-counterpoint format to keep the celebrate the dignity personified by all members of the program balanced. Inn by having an awards ceremony program. In addition Materials: Script, Articles, Documents, Law, Handouts to random selections, a Judge on the Inn was chosed for Presented By: The Earl Warren AIC, Oakland, CA recognition, and two members were honored for lifetime Date: 4/16/2003 achievement. Decorations in the tradition of the Academy Awards were prepared and assembled for the evening and the program was introduced with remarks by a judge who is a Master of the Inn. Materials: Outline, Script, Facts, Handouts Presented By: The Citrus-Hernando AIC, Inverness, FL Date: 3/19/2003

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P11245 Talking Heads: P11304 The “Overly” Stressed Client There But for the Nancy Grace… Summary: This program examined the ways to deal with clients that Summary: This program deals with the problem of statements are under heavy psychological pressures as a result of made by attorneys and expert commentators outside of NEW being drawn into litigation, particularly as defendants. It the courtroom concerning pending cases. used outside experts that are knowledgeable in identifying Materials: Articles, Law, Handouts, Video clients under stress and provided insight on how to deal Presented By: The Dean Henry George McMahon AIC, with those clients. Program materials included a published Baton Rouge, LA interview with a psychiatrist, a reading list suggested by Date: 3/25/2004 one of the experts, a list of local mental health resources, and rules of professional conduct related to obligations of P11247 Justice for Just Us; Its Only Fair lawyers to seek help for clients that need it. Summary: This program highlighted how litigants might perceive Materials: Script, Articles, Facts, Law, Video baises within the judiciary and bar when judges and Presented By: The Willamette Valley AIC, Salem, OR lawyers are affiliated with religious ideas or certain Date: 1/20/2005 organizations. The growing trend of legal blogs provided the opportunity of weaving in a discussion P11311 You Are What You Speak: of the appropriateness of whether the courts should Whether to Promote or Pillory use information found on legal blogs in resolving legal Political Correctness in Legal Discourse disputes. The program was divided into three acts, Summary: This program explored whether so-called “political correct- each act had two scenes. A lively audience discussion ness” in speech and action should be a component followed each act. NEW of civility and professionalism in the practice of law, or Materials: Script, Law, Questions, Handouts whether it unreasonably stifles fair debate. The program Presented By: The Anthony M. Kennedy AIC, Sacramento, CA also examined how attorneys and judges should respond Date: 1/20/2004 to incidents of political incorrectness that arise in court, and what responsibility lawyers and law firms have in P11254 !IMAGINE! The 3 Phases of Eve: dealing with politically incorrect actions of clients directed The Life of the Law as lived by 3 Lawyers towards staff or opposing party and/or counsel. The Summary: This multi-media presentation opens with a set of visual presentation included three skits, each of which raised images of women performing in a variety of contempo- different issues and elicited a spirited discussion about the rary roles. After the introduction of the role of women in subject of poltical correctness in the practice of law. the law, the program uses three skits to further explore Materials: Outline, Script, Law, Questions, Handouts, Disc the relevant issues. Each skit represents one phase Presented By: The Anthony M. Kennedy AIC, Sacramento, CA of the legal life, the first phase is the law student, the Date: 10/19/2004 scond phase is lawyer, and the third phase is the judge. Materials: Outline, Script, Articles, Questions, Handouts, Video P11315 Civility, Sanity & Winning Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Summary: This program sought to address the issue of an eroding Date: 2/17/2004 sense of public service and cultural authority in the NEW practice of law. Having assumed that a climate of P11279 The Citizen Lawyer: disaffection hung over the legal profession, the program Reflections on the Past, Present and Future sought to help legal professionals as they arrived in the Summary: This program, delivered as part of the Inn’s holiday emergency room of professional conduct, observed party, addressed reasons for volunteering, focusing an appellate operation, and witnessed the decaying of NEW on personal and community benefits. It also included a deposition. The presentation also examined ways to a history of lawyers that led by example and gave increase professional conduct and revive the profession. generously to their community. The planning team also Materials: Script, Articles, Law, Handouts invited guests from three area non-profit organizations Presented By: The Dean Henry George McMahon AIC, Baton Rouge, LA and surprised the guests with holiday gifts. The written Date: 9/23/2004 material included information about the guests, as well as a detailed chart setting forth volunteer opportunities and contact information. Materials: Script, Facts, Law, Handouts Presented By: The Temple AIC, Philadelphia, PA Date: 12/8/2004

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P11335 Civility in the Practice of Law Summary: The program used a panel that consisted of a district judge, a magistrate judge and two practicing attorneys NEW to discuss issues of unreasonable conduct by attorneys. Younger members of the team presented short skits demonstrating unreasonable conduct by an attorney in litigation, and the panel discussed ways of dealing with the problem, whether it made sense to bring the matter to the court’s attention, and other ways of dealing with improper conduct. The panel also entertained questions and comments directly from the audience. Materials: Script, Questions Presented By: The Giles S. Rich AIC, Washington, DC Date: 11/15/2004

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P10313 The Use and Abuse of Alcohol P11037 Biography of a Troubled Lawyer by Lawyers and Judges Summary: The program presented a profile of a troubled lawyer, Summary: A hypothetical was used to examine the ethical disciplined because he lied to his clients, missed violations of lawyers and judges who use and abuse deadlines, and abused alcohol. He consulted with alcohol and the ethical duties of sober attorneys and another lawyer and a discussion took place between judges who witness such inebriation. The program also the troubled lawyer’s attorney and a representative provided resources available to those experiencing or of the disciplinary administrator’s office. The program witnessing alcohol abuse and offered some approaches ended with an overview of new rules regarding the to constructively confronting an alcoholic. attorney diversion program. Materials: Facts, Script, Law, Bibliography Materials: Script, Law, Documents, Facts Presented By: The Prettyman-Leventhal AIC, Washington, DC Presented By: The Sam A. Crow AIC, Topeka, KS Date: 1/9/1995 Date: 3/7/2002

P10524 Prudence v. Docker: Abbreviated Moot Court P11053 Bar Interference Trial with Jury Deliberations Summary: The program used a skit to address some reasons Summary: This program was a 90-minute moot court trial behind alcohol and drug dependency in the legal presented by two opposing pupilage groups with ✯ profession. It revealed ethical dilemmas faced by abbreviated openings, witness testimony and closing lawyers and judges who must work with alcohol- and/or arguments. The issues involved teenage drinking and drug-dependent colleagues. Some telltale signs of driving, parental knowledge and responsibility, contribu- alcohol and drug addiction were discussed, as well as tory negligence of passengers riding with drunk drivers the ethical, legal, and moral obligations of judges and and punitive damages. After the presentation each lawyers when they recognize such addictions. table, which constituted a jury, announced its verdict. Materials: Script, Law, Questions, Bibliography Materials: Facts, Documents, Articles Presented By: The Ralph M. Brown AIC, Modesto, CA Presented By: The Sandra Day O’Connor AIC, Phoenix, AZ Date: 2/21/2002 Date: 2/18/1997 P11143 Peter & The Wolf: P10555 Technology in OMVI Cases Taming the Wolf and Taking Control Summary: This program presented a demonstration intended Summary: This adaptation of Prokofiev’s musical tells the story of to familiarize the audience with the problem of a late a young lawyer who succumbs to substance abuse as night phone call from an intoxicated client charged a result of pressures at work and at home. The format with DUI. Advanced trial tactics were discussed by an follows the original “Peter and the Wolf” in that each expert in OMVI defense. Lectures were also presented instrument becomes the voice of one of the characters regarding release of the automobile, obtaining driving in the allegory. privileges and defense costs. An expert highway patrol Materials: Outline, Script, Handouts training officer performed the field sobriety test and Presented By: The Earl Warren AIC, Oakland, CA an experienced DUI attorney discussed trial motion Date: 4/17/2002 practice tactics. Materials: Facts, Law P11180 Crash and Burn, Marriage on the Rocks Presented By: The Franklin AIC, Columbus, OH Summary: Legal issues adressed by this program include civil and Date: 2/12/1997 criminal liability arising from an automobile accident involving a drunk driver and family law issues arising P10598 DUI: Legal Issues for the General Practitioner from matiral and extramarital relations between the Summary: The program featured a tour of the Sheriff’s mobile drivers and passengers. Breath Alcohol Testing instrument (B.A.T. Mobile) and Materials: Script, Facts, Law, Handouts a video presentation depicting the legal issues involved Presented By: The Robert G. McGrath AIC, Martinez, CA in the defense of a D.U.I. charge. The video examined Date: 10/10/2002 three areas of law: pre-arrest issues, post-arrest issues (including the administration of a breath test) and sentencing. Materials: Articles, Facts Presented By: The Vassar B. Carlton AIC, Viera, FL Date: 1/7/1998

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P11210 Tired, Wired & Fired: A Law Firm’s Obligation P11216 A Lawyer’s Carole When An Attorney Is Impaired Summary: The program was a short dramatic depiction of a lawyer Summary: The program dealt with the ethical dilemmas facing a battling alcoholism, but with the help of some fellow law firm confronted with an employee at the associate lawyers, he is forced to confront his problem and get help. level who is struggling with mental impairment resulting The program explores the lawyer’s decline in competence from stress and possible alcohol and drug abuse. The and professionalism resulting from the addiction, the focus of the program was the ABA Model Opinion 03- deterioration of his family relations, resulting disciplinary 429, Obligations With Respect to Mentally Impaired complaints, and the intervention of his fellow lawyers. The Lawyer in the Firm, issued in June 2003. The setting story is modeled on Dickens’ A Christman Carol, but the was a hearing before the Pennsylvania Disciplinary last ghost who visits does not show the lawyer his own Review Board and the format was a series of witnesses death, but rather scenes of what the world would be like if called before this Board who were questioned about he had never become a lawyer. incidents involving the attorney in question. The Materials: Script, Articles, Handouts program closed with a testimonial by a local attorney Presented By: The D. R. Smith AIC, Ocala, FL who is a recovering alcoholic and experienced many of Date: 10/16/2003 the issues raised in the presentation. Materials: Outline, Script, Articles, Documents, Law, P11314 The Stressful Day: Part II Handouts, Video Summary: This program examined the pressure and the increasing Presented By: The Temple AIC, Philadelphia, PA stress in the practice of law. The presentation examined Date: 2/12/2004 NEW the stressful day of one fictional lawyer and explored issues such as the role of technology and the corresponding demand for more immediate reaction and response, rising overhead expenses, the increasing number of attorneys and the corresponding wage stagnation, and the increase in the number of clients taken on to make ends meet. The program also indentified signs of burn-out, depression and stress, and suggested strategies to deal with the results and the root causes. Materials: Script, Articles, Law, Handouts Presented By: The Dean Henry George McMahon AIC, Baton Rouge, LA Date: 5/27/2004

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P10085 Sexual Harassment in the Legal Community trial team and then planning to have her cross-examine Summary: The program presented four skits illustrating sexual the plaintiff, also a woman, in an upcoming sexual harassment between associates and partners, attorneys discrimination case. and clients, attorneys and attorneys, and attorneys and Materials: Script judges. Discussion followed the skits and included an Presented By: The Temple AIC, Philadelphia, PA explanation of potential liability to individuals and firms Date: 1/11/1995 for sexual harassment. Materials: Script P10324 Employment Issues in the Work Place Presented By: The Earl E. O’Connor AIC, Overland Park, KS Summary: The program covered three distinct sections in employ- Date: 3/16/1993 ments issues in the work place: 1) wrongful termination; 2) sexual harassment; 3) privacy matters in employment. P10214 Evidentiary Issues: Employment Discrimination Materials: Script, Facts Summary: The program began with a short presentation of the Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA law of employment discrimination and sexual harass- Date: 3/21/1995 ment. A presentation of a hypothetical case involving a waitress and her boss followed, with direct examination P10387 Recognizing and Responding to Sexual of witnesses. The program concluded with a discussion Harassment in a Law Firm of the evidentiary issues that commonly arise in sexual Summary: This program presented potential sexual harassment harassment suits. scenarios and a law firm’s reaction to the events. The Materials: Facts, Script, Documents, Law, Articles first two scenes depicted two different situations where Presented By: The Robert M. Duncan AIC, Columbus, OH an employee is sexually harassed. The third scene was Date: 2/15/1994 a meeting between the partners at the firm to discuss the events and whether the firm would or should take P10243 Sexual Harassment any action. A discussion that provided information on Summary: The program consisted of a skit involving a male what constitutes sexual harassment and how to handle associate who is being sexually harassed by his legal it when observed concluded the program. secretary. After the skit, Inn members held a discus- Materials: Facts, Script, Law, Articles, Bibliography, Comments sion focusing on harassment of men by women and of Presented By: The Charlotte E. Ray AIC, Washington, DC superiors by subordinates. Date: 10/26/1995 Materials: Facts, Script Presented By: The Abraham Lincoln AIC, Peoria, IL P10413 The Admissibility of Scientific Evidence Date: 3/23/1994 Summary: This program examined the rules and issues concerning the admissibility of scientific evidence, which were P10247 Sex, Discovery, and Uncle Sam changed following the case of Daubert v. Merrell Dow Summary: The program focused on sexual harassment in the Pharmaceuticals, replacing the 72 year-old Frye standard workplace. In particular, the presentation addressed the for admissibility. The program used a hypothetical sexual difficulties in discovery in an administrative agency setting, harassment suit brought by a government worker against ethical dilemmas, and the changing types of claims being a co-worker and the government agency that employs made (e.g., female supervisor/male employee). them both. The Inn invited an evidentiary expert from the Materials: Script Federal Judicial Center to offer comments on the program Presented By: The Prettyman-Leventhal AIC, Washington, DC and answer questions from the Inn. Date: 9/1/1993 Materials: Facts, Questions, Script, Bibliography, Comments Presented By: The Prettyman-Leventhal AIC, Washington, DC P10251 Love in the Workplace, A Valentine Story Date: 12/11/1995 Summary: The program focused on the issue of sexual harassment in the workplace. A skit was presented involving a law P10428 California Civil Rights Initiative Pros and Cons II ✯ firm in which a senior male associate was harassing Summary: This program, presented in a panel-type format, a female associate. After the skit was presented, an examined sexual harassment and wrongful termination. attorney from the Women’s Legal Defense Fund spoke All aspects of sexual harassment, which is no longer about the legal aspects of sexual harassment. limited to overt sexual harassment or physical conduct, Materials: Script, Facts, Law, Articles were discussed. The panelists also discussed develop- Presented By: The Prettyman-Leventhal AIC, Washington, DC ments in the law of wrongful termination. The case of Date: 2/14/1994 Lazer v. Superior Court, a recent case that allowed tort damages, was used as a model in the wrongful P10277 Sexual Discrimination termination presentation of the program. Summary: Through a series of vignettes, the program explored the Materials: Facts, Law problems presented by the defendant’s firm in deliber- Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA ately placing an attractive, young female lawyer on the Date: 2/27/1996

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P10445 The “Other Lawyers” We Hardly Know You: P10625 Ethics and Professionalism in the Courtroom: Minorities & Women in the Practice of Law The Case of B. B. Wolf v. Mother Goose & Aesop Summary: This program used a panel discussion format, consist- Summary: This program examined various problems regarding ing of members of the bar who were either experts ethics and civility as presented in the context of a civil ✯ in employment law, had hired minorities when the lawsuit for “species discrimination” filed by one B. B. practice to do so was not common, or minorities who Wolf. Three scenes depicted a hearing on pretrial had entered the practice of law when it was unusual motions and the trial itself. for minorities to be lawyers. The program explored the Materials: Law, Script history of African-Americans in the practice of law, the Presented By: The Porter County AIC, Valparaiso, IN history of women in the practice of law, and racial and Date: 11/11/1998 gender bias in criminal law. Materials: Questions, Video P10673 Sex, Lies & Corporate Ties Presented By: The William J. Holloway, Jr. AIC, Oklahoma City, OK Summary: The program illustrated how NOT to present an oral Date: 11/20/1996 argument on a discovery motion in a sexual harassment action. A videotaped argument of four attorneys P10500 Current Issues in Employment Law (two plaintiffs and two defendants) was presented to Summary: This program utilized small group discussion and the Inn. After viewing the tape, each table was asked to problem-solving concerning current issues in employ- point out at least one error. ment law and employment law litigation. Six tables Materials: Facts of six to eight people included a pupil, associate, Presented By: The Centennial AIC, Flint, MI barrister and master. Employment law problems were Date: 2/17/1998 distributed to each table and each team discussed their views regarding the issue presented. These topics P10683 Who Runs This Place: included same sex discrimination under title VII of the The Case of Boris, Pierre, Grace and George Civil Rights Act, second-hand discrimination under Summary: The program represented the first year of a two-year title VII of the Civil Rights Act and the enforceability of program concerning an employment discrimination suit non-competition covenants and the public policy tort within a successful restaurant. The first year, which exceptions to the employment at-will rule. could be performed individually, covered the pre-trial, Materials: Facts, Script, Documents including the discovery, depositions, motions and settle- Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK ment procedures. Date: 3/19/1997 Materials: Facts, Script, Documents Presented By: The Justice William J. Brennan, Jr. AIC, Newark, NJ P10509 Race at the Finish Date: 2/20/1998 Summary: This program presented the dramatic closing of the Clarence Darrow summation in the Ossian Sweet case P10811 Discrimination in the Legal Profession of 1926 in which the issue was housing segregation by Summary: The program dealt with issues of discrimination in the a neighborhood mob. Dr. Ossian H. Sweet, a success- firm and in the profession. Three vignettes were acted ful African-American gynecologist, moved his family into out to provoke discussion on discrimination based on a white neighborhood. The first night, Dr. Sweet and race, gender and sexual orientation. his family were greeted by a mob of angry whites. By Materials: Script, Articles, Law the end of the second night at the Sweet’s new home, Presented By: The Owen M. Panner AIC, Portland, OR one white man lay dead, and another one was injured. Date: 1/12/1999 Clarence Darrow was called in to defend Dr. Sweet and the eleven other men in his house at the time of the P10832 Sexual Harassment in the Workplace shooting. Summary: This program demonstrated issues relating to sexual Materials: Facts, Questions, Script, Bibliography harassment through two skits. The first skit dealt Presented By: The Owen M. Panner AIC, Portland, OR with the claim of a female associate against the firm’s Date: 3/4/1996 managing partner, the investigation conducted by the partner, and consultation with an outside labor counsel. P10571 Bias & Bucks: The Price of Prejudice The second skit demonstrated “same sex” harassment Summary: The program demonstrated how racial bias affected a filed against the employer’s main customer. negotiation between the parties in a medical malprac- Materials: Script, Articles, Law, Facts, Questions tice suit and the strategy employed by the defense. The Presented By: The Charles Fahy AIC, Washington, DC skit exposed the professional implications of personal Date: 4/22/1999 prejudices, whether based on race, gender, or sexual orientation. Materials: Script, Law Presented By: The Temple AIC, Philadelphia, PA Date: 1/14/1998

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P10872 Diversity: In the Context of Sexual Harassment P11172 Review of Gender Discrimination Under the Summary: In the format of a talk show, the group presented three Fifth and Fourteenth Ammendments factual situations. The scenarios involved inappropriate Summary: This program began with an explanation of the sexual conduct, judicial harassment and the glass ceiling importance of Justice Ruth Bader Ginsburg’s work in issue. Geraldo, the talk show host, directed discussion equal protection under the Constitution highlighting and summarized the pertinent law for each scenario. historical facts and explained the Bill of Rights basis for Materials: Script, Questions, Articles the decisions. In five skit segments, with skits extrapo- Presented By: The Vassar B. Carlton AIC, Viera, FL lated from the published cases, the team presented Date: 2/2/2000 eight gender discrimination cases in which Justice Ginsburg either acted as an advocate or wrote the P10938 Truthful Lies: Ethical Dilemmas in Lawyering majority opinion. Summary: This presentation demonstrated the tensions upon an Materials: Outline, Articles, Law, Bibliography, Comments advocate’s obligations to be truthful and candid in his Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK or her relationship with a court or forum. A skit, with Date: 2/12/2003 prerecorded voiceovers, was presented to explore sexual harassment in a law firm and general issues of P11179 Ed Elder’s Road to Happiness: lawyer truthfulness based on gender, experience level, Issues in Elder Law and position. In conclusion, a sexual harassment attitu- Summary: This program is an exploration of issues arising under dinal survey was distributed to each Inn member. California’s Elder Abuse and Dependent Adult Civil Materials: Script, Questions Protection Act in the context of one elder’s experience Presented By: The Anthony M. Kennedy AIC, Sacramento, CA in a long-term care facility and with a caregiver in his Date: 4/15/1997 home. Legal issues addressed in this presenation include criminal and civil liability for elder abuse and enhanced P10992 Sexual Harassment: penalties and recoveries, the duty to report abuse, and Friend or Foe or a Case of First Impressions an attorney’s duty to an elder client. A questions and Summary: This skit was designed to foster discussion and perhaps answer discussion period followed each skit. a little laughter. Some of the topics included: Is it ever Materials: Outline, Facts, Questions okay to bluff the other attorney? Can you tell a judge Presented By: The Robert G. McGrath AIC, Martinez, CA something you know is not relevant or admissible? Date: 3/6/2003 What about the window dressing issue? Materials: Script P11252 Kobe’s Last Play?: A Legal and Social Presented By: The Ralph M. Brown AIC, Modesto, CA Analysis of Kobe’s Colorado Criminal Case Date: 9/21/2000 Summary: This program used a broad panel of experts, including judges, professors and practicing attorneys, speak on P11100 Discrimination: Do You Know it When You See It? the Kobe Bryant criminal case on Colorado. The panel Summary: The focus of the program was recognizing discrimina- examined issues inclusing the venue for the case, the tion, especially disrimination based on national origin victim’s right, racial implications of the case, and the after the September 11th attacks. The program included effects of Kobe’s celebrity status. two skits; one which demonstrated age, sex and Materials: Articles, Documents, Law, Handouts disability discrimination in the hiring process; and the Presented By: The Charlotte E. Ray AIC, Washington, DC other demonstrating national origina harassment and Date: 1/22/2004 religious accomodation issues. Materials: Outline, Script, Articles, Facts, Questions P11254 !IMAGINE! The 3 Phases of Eve: Presented by: The George McBurney Business Litigation AIC, The Life of the Law as lived by 3 Lawyers Los Angeles, CA Summary: This multi-media presentation opens with a set of visual Date: 10/4/2001 images of women performing in a variety of contemporary roles. After the introduction of the role of women in the law, the program uses three skits to further explore the relevant issues. Each skit represents one phase of the legal life, the first phase is the law student, the scond phase is lawyer, and the third phase is the judge. Materials: Outline, Script, Articles, Questions, Handouts, Video Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 2/17/2004

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P11182 A Biased Perspective P11247 Justice for Just Us; Its Only Fair Summary: The purpose of this program is to explore some of the Summary: This program highlighted how litigants might perceive challenges facing young lawyers who do not fit the white baises within the judiciary and bar when judges and male norm of the bar. Because this topic explores bias lawyers are affiliated with religious ideas or certain organi- and prejudices, the format of the program is designed to zations. The growing trend of legal blogs provided the set the audience at ease and get the audience involved. opportunity of weaving in a discussion of the appropriate- The tone of the program was was one of respect for ness of whether the courts should use information found these challenges and anyone who had a different opinion on legal blogs in resolving legal disputes. The program on the topics before the audience. was divided into three acts, each act had two scenes. A Materials: Outline, Script, Articles, Documents, Law, Questions lively audience discussion followed each act. Presented By: The Ralph M. Brown AIC, Modesto, CA Materials: Script, Law, Questions, Handouts Date: 9/26/2002 Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 1/20/2004 P11211 One Nation Under God: America Examines the Separation of Church and State P11262 On the 50th Anniversary of Brown v. Board: Summary: This program examines the Establishment Clause of Cultural Change Through Law and the Arts the First Amendment to the United States Constitution. Summary: This program focused on the landmark decision of It is a travel through history from Biblical times to the Brown v. Board of Education and the legal and cultural present and includes comments from Moses, Benjamin NEW events leading up to and beyond the case. The basic Franklin, and Justice Roy Moore. The handouts for the premise of this program is that lawyers understand program include material from court cases, the text of social change more fully if they appreciate the cultural a speech by Alabama Attorney General Bill Pryor, and forces demonstrated in the art and the popular culture a newspaper article about the United States Supreme of the time. Specifically, this program looks at photog- Court. The discussion portion of the program focused raphy, music, film, and literature for insights as to how on various ethical considerations raised by the issues these media captured the social events of the twentieth in the presentation. century, which culminated in the Supreme Court’s Materials: Outline, Script, Aritcles, Documents, reversal of Plessy v. Ferguson. Questions, Handouts Materials: Outline, Documents, Law, Handouts, Disc Presented By: The Temple AIC, Philadelphia, PA Presented By: The Hudson-Hall-Wheaton AIC, Tulsa, OK Date: 11/19/2003 Date: 3/31/2004

P11229 Abercrombie & Fitch LLP P11264 Brown v. Board of Education: 50th Anniversary Summary: The program explored the question of how far clients Summary: This program examined several aspects of Brown v. may properly proceed, without running afoul of the Board of Education: 1) The state of the law and society ✯ laws governing discriminating conduct, in promoting NEW before Brown; 2) the events that led up to the decision; 3) “lookism.” Once that question is thuroughly explored, the decision itself and how the judges reached unanimity; the program then turned to whether the same could 4) the reaction to the decision; and 5) its legacy. Before be true for in-store sales personnel. The program used the program, each member was given a red or blue pre-recorded scenes to introduce the topic and pose card and seated according to that color. Each member several questions. After the introduction, the program also received a quiz that tested their knowledge of the used a skit to explore the issues further. Brown case. After the program, answers to the quiz were Materials: Outline, Script, Articles, Documents, Law, Questions, provided and a group discussion was initiated. Handouts, Video Materials: Outline, Script, Documents, Questions, Handouts, Disc Presented By: The University of Pennsylvania School of Law AIC, Presented By: The University of Pittsburgh Law School AIC, Philadelphia, PA Pittsburgh, PA Date: 1/13/2004 Date: 4/15/2004

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P11305 Gay Marriage: What Can We Expect From the P11322 War on Terrorism or War on Civil Liberties? Court of Appeals? Summary: This program focused on how war can cause the restric- Summary: The focus of this program was the status of the law tion or limitation of civil liberties. The program skit was legalizing same-sex marriages in Maryland. The mission NEW based on a fact pattern, set during the modern “War NEW was to highlight the impact of such a law given that a on Terror”, that involved a student of Middle Eastern case challenging the state’s constitution is pending in descent who was arrested for violating an executive Baltimore, Maryland. Team members made presenta- order. The program was loosely based upon the facts of tions on five areas of law impacted by the legalization of Korematsu and the recent “enemy combatant cases” of same-sex marriages: divorce; estates and trusts; taxes; Hamdi and Padilla. torts; and the spousal privilege not to testify. Materials: Script, Facts, Law, Handouts Materials: Articles, Documents, Law, Handouts Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Presented By: The Montgomery County AIC, Rockville, MD Date: 3/2/2005 Date: 1/11/2005 P11326 Injustices of the Supreme Court: P11320 The Suffrage Movement: Principle, Prudence, or Politics? Past, Present and Future Summary: The program aimed to raise fundamental questions Summary: The focus of this program was on voting rights and about the interplay among constitutional and common their development since the establishment of the United NEW law principles, practical considerations or prudence, and NEW States. Voting rights grew over the decades to include politics, in judicial decision-making. It achieved this by women, minorities, and finally everyone older than dramatizing three decisions of the Supreme Court of the eighteen, and the program addressed the difficulties United States, each historical and controversial, reflect- encountered by each of these groups, and how each ing sensitive issues of the time. The cases used were group finally gained the right to vote. A “Did You Know” Dred Scott v. Sanford, Korematsu v. United States and segment was included in the program, which highlighted Hamdi v. Rumsfeld. numerous relevant and sometimes humorous facts. Materials: Outline, Script, Facts, Law, Handouts Materials: Script, Articles, Questions, Handouts, Disc Presented By: The Edward J. McFetridge AIC, San Francisco, CA Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 3/16/2005 Date: 11/3/2004

P11321 Ada Lois Sipuel v. Board of Regents of The University of Oklahoma Summary: This program was about Ada Lois Sipuel’s legal struggle to be admitted as the first Black law student at the NEW University of Oklahoma’s College of Law. Four scenes from James Vance’s Halls of Ivory were performed. (Permission should be obtained from the playwright before the program is performed.) The program also included a multimedia presentation on the history of Blacks in America, and included the reciting of letters sent to the Oklahoma University president and to the editor of a local newspaper. All necessary materials, including the contact information for the playwright’s agent, are included in the program materials. Materials: Script, Articles, Law, Handouts, Disc Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 2/9/2005

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A. Fees P10746 The Lawyer as Entrepreneur Summary: The program raised a number of ethical and legal P10361 Attorney Fees: Issues and Answers questions through three vignettes concerning third-party Summary: This program explored various issues involving attorney audits of defense counsel’s bills, insurance companies fees. Background information was given and discus- seeking to control the cost of defense by having adjusters sions were held on the following topics: 1) Ethical dictate strategies and the pressures faced by young Considerations and Pitfalls in Attorney Fee Arrangements; associates in meeting firm billing requirements. 2) Statutes Authorizing Attorney Fees; 3) Fees in Criminal Materials: Script, Articles, Law Cases; 4) Advantages and Disadvantages of Alternative Presented By: The Temple AIC, Philadelphia, PA Billing Methods; and 5) Legal Fee Auditing Services. A Date: 12/8/1999 survey was given to audience members and discussed during the program regarding fee practices. This program P10804 It’s a New Dawn: Awards of Attorney’s Fees was delivered in lecture format. Against Counsel Boon or Bust? Materials: Facts, Documents, Law, Articles, Bibliography Summary: This program used three humorous skits to discuss Presented By: The Earl E. O’Connor AIC, Overland Park, KS emerging issues on attorney’s fees. The skits followed Date: 3/19/1996 the formats of “Meet the Press,” “Point Counter Point,” and “The Jerry Springer Show.” P10372 Attorney Fees and Billing— Materials: Script, Law, Articles, Questions Practical and Ethical Considerations Presented By: The Family Law AIC of Tampa, Tampa, FL Summary: This program, presented in lecture format, examined Date: 1/6/1999 the issues of attorney fees and types of fee arrangements. Several types of fee arrangements were P10944 The English Inns of Court: Medieval discussed from the following four perspectives: 1) Beginnings to Contemporary Practices ethical considerations; 2) in-house counsel perspective; Summary: This program portrayed an evening with the “Smythe” 3) pitfalls encountered by legal audit firms; and 4) view Chambers of the “Right Honorable Society of the Outer from the Federal district court and court of appeals ✯ Inn of Court.” Two vignettes illustrated aspects of the concerning fee petitions. practice of law in the United Kingdom in contrast to the Materials: Law, Articles, Bibliography United States. In the first vignette the clerk of the Smythe Presented By: The Richard S. Rodney AIC, Wilmington, DE Chambers prearranged a private meeting with a solicitor Date: 12/12/1995 to discuss the referral of briefs. Issues raised from this meeting included solicitation of business and the role of P10419 Hitting the Lawyer in the Pocketbook the clerk and fee arrangements. In the second vignette Summary: This program presented four scenarios concerning the Judge met with a new client to discuss certain aspects issues relating to what the attorney should do when the of her personal injury case. Issues raised included fee ✯ fees are at stake. The entire Inn, except for the members arrangements, conflicts of interests, trial practice, legal presenting this program, were divided into four juries to education and injury compensation schedules. deliberate discussion questions, and they reported their Materials: Script, Articles, Comments, Video responses to the questionnaires, comments on the law Presented By: The Sagamore AIC, Indianapolis, IN and findings of the juries to the Inn. Date: 2/7/2001 Materials: Facts, Questions, Script, Law, Comments Presented By: The Dean Henry George McMahon AIC, P11147 A Corporate Carol: Baton Rouge, LA Pro Bono versus Profitability Date: 1/25/1996 Summary: This program was developed to highlight the tensions between attorney obligations to engage in pro bono P10601 Attorney Fees (Billings and Awards) work versus the fundamental economics of the practice Summary: The program presented a three-act play that raised, in of law. The skit was a four-act play that was loosely comic fashion, relevant issues regarding attorney fees. based on Dickens’ A Christmas Carol. At the conclusion The team developed facts relating to a dispute between of the play, a prominent member of the local bar’s Pro a contractor and a homeowner over alleged construc- Bono Task Force led a discusson of the state of pro tion defects. Ethical issues regarding travel times, unit bono legal services in the Philadelphia area. billing and recycled work products were raised. The Materials: Outline, Script, Articles program also addressed the mechanics of obtaining Presented By: The Temple AIC, Philadelphia, PA a fee award, as well as cross-examination on the bills Date: 11/16/2002 presented by the attorneys. Materials: Script, Comments, Articles Presented By: The Vassar B. Carlton AIC, Viera, FL Date: 10/7/1998

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P11154 Pro Bono: To Give or Not To Give, B. Communication Skills the 1.7 Billion Dollar Question Summary: This program was designed to promote discussion P10127 Effective Communication: Do You Hear Me? about the pro bono obligations of attorneys, and to a Summary: The demonstration was designed to enhance written ✯ lesser extent, judges. Moderators intorduced the cast, and oral communication skills. The program included narrated a program of three live skits, presented factual examples of bad appellate arguments, attorney information, and managed a program-ending argument correspondence and direct and cross-examinations. At by asking the audience to approve a hypothetical state the conclusion of the program, a local communications bar resolution on pro bono work. expert spoke briefly on the art of persuasion. Materials: Outline, Script, Law, Articles Materials: Script Presented By: The Ralph M. Brown AIC, Modesto, CA Presented By: The Douglas K. Amdahl AIC, Minneapolis, MN Date: 2/20/2003 Date: 3/25/1993

P11157 Don’t Mess With My Bill P10137 Communication Between Lawyers Summary: This program is a two-part skit which presents questions and Judges and Jurors of law, ethics and personal morals arising from attorneys Summary: Dr. Audrey Nelson-Schneider presented “Speaking billing for their services. Part One highlighted the dilemma Correctly: The Use of Linguistics in the Practice of Law.” of an associate caught between a firm’s demand for Dr. Nelson-Schneider discussed effective communica- billable hours and the need for honesty in billing a client. tion with jurors and judges and uses of verbal communi- Part Two presentedparallel criminal matters in which one cation skills including voice inflection, voice emphasis, party has plentiful funds while the other party is indigent. and body language. The speaker demonstrated the art Materials: Script, Comments of delivering a forceful, credible message from behind Presented By: The Anthony M. Kennedy AIC, Sacramento, CA the podium and on one’s feet. Date: 5/14/2002 Materials: Articles Presented By: The Council Oak AIC, Tulsa, OK P11213 Beyond the Yellow Brick Road: Date: 4/1/1993 Pro Bono Practice in the 21st Century Summary: This musical skit is based in part on the fairly well P10323 The Art of Oral Advocacy publicized efforts of some residents in a rural Louisiana Summary: This program demonstrated, through the use of videotape, ✯ area to secure pro bono legal representation to block audio tape and famous passages from speeches, the the construction of a chemical plant by a Japanese techniques of oral communication. Three types of speech, company in their community. Characters in the skit six different persuasion techniques, and seven different are taken from The Wizard of Oz, and song parodies memory devices were discussed and demonstrated. are featured throughout the presentation. The songs Materials: Bibliography enhance the entertainment value of the skit and kept Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA the audience interested. A discussion of the issues Date: 10/11/1994 raised by the skit followed the performance, and those attending the program were provided with a bibliogra- P10356 Cross-Cultural Issues in phy of legal authorities discussed in the skit. the Practice of Law and Legal Proceedings Materials: Script, Questions Summary: This program examined cross-cultural issues in the Presented By: The American Inn of Court of Acadiana, Lafayette, LA practice of law and legal proceedings and was designed Date: 9/24/2003 to assist in forming an understanding of what is needed to be an effective advocate and counselor in situations P11336 Attorney Ethics in Sports and Entertainment involving diverse cultures. The entire program was Summary: This program intended to test a practitioner’s knowledge presented in lecture format, with several Inn members of current issues in copyright, trademark, and sports dividing the presentation into smaller presentations NEW and entertainment law. With a specail emphasis on that offered insight and other sources of information ethical rules and concerns, the program was organized on the complex area of cross-cultural communications. as a game show using a panel of experts. The program Two presentations, one on Asian cultures and one on asked questions of the panelists in two ways 1) the pupil Hispanic cultures, explored issues involving working members of the team role-played as studio audience with, understanding and communicating with members “clients”, each of whom had a legal problem; 2) the show of these two cultures. An Inn discussion followed the host solicited questions from the audience, in repsonse lecture portion of the program. to which the panelists provided answers, based on their Materials: Facts, Questions, Articles, Bibliography, Comments experience in the field, in an “Ethical Jeopardy” round. Presented By: The Earl E. O’Connor AIC, Overland Park, KS Materials: Outline, Facts, Law Date: 9/19/1995 Presented By: The Giles S. Rich AIC, Washington, DC Date: 9/21/2004

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P10559 Once Upon a Time…The Lost Art of Storytelling C. Attorney Lifestyle Summary: The program attempted to teach proper storytelling techniques to the Inn members to aid in their courtroom P10158 Pro Bono Legal Services presentations. The pupilage team described several Summary: A recent Florida Supreme Court ruling requiring all articles covering the topics of organizing a story, deliver- Florida lawyers to report annual pro bono work suggests ing a story, and applications. that Florida may ultimately mandate pro bono legal Materials: Articles services for all Florida attorneys. Based on this develop- Presented By: The Louis M. Welsh AIC, San Diego, CA ment, the pupilage team presented a question and Date: 4/17/1997 answer session resembling a large law firm’s annual retreat. Panelists gave short presentations on the history P10793 The Inns and Outs of pro bono work in the American legal system and the of Professional Communication implementation of a pro bono system. Summary: This program exemplified situations in which proper Materials: Law communication skills were advantageous. Through Presented By: The Justice William Glenn Terrell AIC, Tampa, FL six skits, the pupilage group showcased a variety of Date: 10/13/1992 situations that included a sexist attorney, a lunchtime lawyer, and a lawyer avoiding calls. P10244 What’s It Like to Be an Associate? Materials: Script, Law Summary: The program focused on ethical dilemmas facing young Presented By: The Honorable Benjamin Aranda, III, AIC, Torrance, CA associates. Several skits were presented with members Date: 10/20/1999 acting as associates and partners. An additional member stood behind each associate and partner and articulated P10915 Learning Styles Applied to Practice the unspoken thoughts of the person. An Inn discussion Summary: The program focused on adult learning theories focusing on the dilemmas presented followed. presented by David Kolb in his book, Experiential Materials: Script, Law Learning: Experience as the Source of Learning and Presented By: The Justice William Glenn Terrell AIC, Tampa, FL Development (Prentice Hall, New York, 1984). Each Inn Date: 1/11/1994 member took an examination to determine his or her learning style. The Inn then separated into four groups, P10336 Law and Literature determined by learning style, and discussed those of Summary: This program examined the studies of law and literature. Kolb’s theories that were most relevant to them. The program began with a written test that had 50 Materials: Questions, Articles, Bibliography quotations from various literary works to be matched Presented By: The Webster-Batchelder AIC, Bedford, NH up with the author and literary work from which the Date: 3/2/1994 quotation is taken. A discussion of the law and literature movement followed the test. This Inn invited a Court of P11228 How Did I Get Here and What Do I Do Now?: Appeals librarian to lead the discussion. The second We Have a Failure to Communicate half of this program was a presentation by William Summary: The legal focus of this program was the ethical dilemma Bernhardt, a successful attorney and author, who of taking on a client too quickly, dealing with unbundling discussed his writing career. issues and conflict issues, and how to resolve a client Materials: Facts, Documents, Law, Articles, Bibliography, situation that may result in a complaint being lodged Comments with the bar association. Presented By: The William J. Holloway, Jr. AIC, Oklahoma City, OK Materials: Script, Articles, Documents, Law, Handouts, Video Date: 3/8/1995 Presented By: The Willamette Valley AIC, Salem, OR Date: 3/18/2004

P11235 Matters of the Heart… and Mind Summary: This program focused on the practical, legal and ethical issues presented to attorneys dealing with a client who is no longer able to communicate his or her wishes. They cannot communicate either because they are in a persistent vegitative state or have suffered a serious injury rendering them reliant on significant medical care for survivial. In order to gain a full perspective on the issues, the panel represented a spectrum of views. Materials: Outline, Articles, Documents, Facts, Law, Questions, Handouts Presented By: The Ralph M. Brown AIC, Modesto, CA Date: 2/12/2004

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P10342 Bad Advice P10510 A Hitchhiker’s Guide to Summary: This program explored several issues including the 1995 Oregon Tort Reform: breakup and dissolution of partnerships, malpractice Pitfalls and Pratfalls for Lawyers and Clients by a prestigious law firm, and the pressure placed on Summary: This program examined the changes in Oregon a young attorney in a law firm when he or she has tort reform, especially provisions regarding punitive discovered a mistake by a superior. A scenario was damages and allocation of fault. A seven-scene presented concerning an architect wanting to dissolve scenario was presented concerning a man injured on a his partnership who receives bad advice from a senior handicap ramp outside of a convenient store who sued partner at a law firm. The architect is eventually sued the owners of the store and the hospital where he was by his partners and is represented by a young attorney treated for his various injuries. from the prestigious firm. When the younger attorney Materials: Facts, Documents, Law, Articles discovers that the bad advice given to his client was Presented By: The Owen M. Panner AIC, Portland, OR provided by one of the senior partners at this firm, he Date: 2/13/1996 is left to explain his client’s actions before a judge on a motion for judgment on the pleadings. P10525 Lawyers and Stress: Dealing with the Problem Materials: Facts, Questions, Script, Comments Summary: This program began with a skit illustrating the pressures Presented By: The Temple AIC, Philadelphia, PA on a young associate in a large urban law firm. The Date: 12/13/1995 associate received pressure from a senior partner to finish a summary judgment motion, was hassled by a P10364 Managing Stress in the Legal Profession client about an unsuccessful result, was told by one of Summary: This program focused on stress management for the firm’s largest clients that he was not satisfying the lawyers. A questionnaire regarding lawyer satisfac- client’s needs and that the client may change law firms. tion and stress was included to be completed by Inn Finally, the exhausted associate staggered home late members. Another survey measuring the satisfaction in the evening and was confronted by his wife who was in the life of lawyers was also included in the materials not happy with the lawyer’s inability to spend quality time of the program. This Inn invited a guest speaker to with his family. A discussion about stress and “burn out” evaluate and lecture on the results of the surveys. in the law office followed the skit. Materials: Questions, Articles Materials: Documents, Articles Presented By: The Oliver Ellsworth AIC, Hartford, CT Presented By: The Charles Fahy AIC, Washington, DC Date: 3/28/1995 Date: 9/12/1996

P10418 Law and Literature: P10528 The Responsibilities of Lawyers What Lawyers Can Learn from Literature in a Community in Crisis Summary: This program examined the Law and Literature Summary: The program addressed the ethical, moral and practical movement in legal education, which concentrates on considerations a private law firm should take into the connections between the law and other intellectual account in choosing which pro bono projects to accept disciplines such as economics and political philosophy. for representation. The issues were presented through A discussion of texts and approaches and the main a hypothetical law firm Management Committee element of similarity between the two fields led into the meeting. The lawyers discussed three possible skit presentation. The skit used Shakespeare’s Othello projects, only one of which could be accepted because and composed an excerpted “Trial of Iago” for the of budget constraints. The Management Committee problem of bringing Iago to justice. ultimately called a firm-wide meeting to vote for the Materials: Facts, Script, Law, Articles, Bibliography, Comments project they most preferred. The audience participated Presented By: The Charles Fahy AIC, Washington, DC by voting as if they were all partners in the firm. Date: 3/7/1996 Materials: Script Presented By: The Charles Fahy AIC, Washington, DC P10477 Representation of Indigents Date: 2/6/1997 Summary: This program began with a lecture on the key components necessary to undertake representation of P10703 A Lawyer’s Carol 1998 the indigent. The lecture was followed by a skit where Summary: The program intermingled the scripts from A Christmas a lawyer was contacted in regards to accepting a pro Carol and Mission Impossible to tackle the subject of bono case. Two lawyers were seated on either side attorney job satisfaction. Although performed with much and played the devil or angel, attempting to persuade humor, the play brought about many serious issues, the lawyer to adopt their point of view. concluding with the comments from an outside expert Materials: Questions on the subject. Presented By: The Pittsburgh AIC, Pittsburgh, PA Materials: Script Date: 11/21/1996 Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 5/1/1998

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P10708 Issues in Law Practice Management: P10777 Lawyers in Love Stress, Work, Cyber-Stuff and Having a Life Summary: Staged as a daytime talk show, this program placed the Summary: Through a series of humorous skits, the program pupilage team members as guests on the show playing addressed issues surrounding stress at work. The ✯ lawyers involved in various and unethical relationships presentation addressed the impact that stress has on with other lawyers and with their clients. After each our professional judgment, professional satisfaction and relationship was exposed, the host interviewed members private lives. Topics included: stress induced by high of the audience for their reactions and opinions. An expert technology (e-mail, fax and voicemail), relationships then discussed the Model Rules of Professional Conduct, with colleagues and staff, and relationships with co- case materials, treatises and law review articles. counsel and family issues. Materials: Script, Comments, Articles, Law Materials: Script Presented By: The Sam A. Crow AIC, Topeka, KS Presented By: The Edward J. McFetridge AIC, San Francisco, CA Date: 1/7/1999 Date: 3/18/1998 P10799 Combating Stress P10744 Our Firm in Personal and Professional Life Summary: This program presented a legal fable in the style of the Summary: The program began with a video showing numerous Thornton Wilder classic, Our Town. The play reflected attorneys’ offices, some clean, others disorderly, while “the self-absorbed introspection of a bloated profes- interviewing the attorneys on how they handle stress. sion in which the vocation of the lawyer, as counselor, Three guest speakers then spoke on the importance of advocate, worthy adversary, prosecutor of unpopular maintaining spiritual, mental and physical health. causes, defender of the innocent, officer of the court, Materials: Articles protector of our freedom, has become lost in the search Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK for endless self-gratification.” Date: 4/21/1999 Materials: Script, Articles Presented By: The Temple AIC, Philadelphia, PA P10808 Lawyer Burnout Date: 10/13/1999 Summary: Through the exploration of a three-act play, this program identified the key elements to recognizing and remedying P10747 The Impact of Stress and lawyer burnout. The program stressed to the Inn members Stress Management in Our Practice to avoid over-commitment in order to maintain a healthy Summary: The program included a brief vignette in order to balance between their professional and personal lives. identify the signs, symptoms and sources of stress, to Materials: Script recognize the impact of stress on the body and on the Presented By: The Guilford AIC, Guilford, NC legal practice, and to manage stress. The vignette was Date: 1/13/1999 followed by an informative lecture from a mental health professional. P10816 Stress Management—Are You At Risk? Materials: Script, Articles Summary: Centering on guest speakers, the program prompted Presented By: The John Gavin AIC, Yakima, WA members to self-evaluate their levels of stress and Date: 2/17/1999 temper control. The speakers included two members who had had heart attacks but continued to practice P10761 Stress and Anger Management and a speaker who discussed personal services in the Courtroom obtained through the Florida Bar. Summary: The program consisted of two professional psycholo- Materials: Comments, Questions gists speaking to Inn on the subject of stress and anger Presented By: The Citrus-Hernando AIC, Brooksville, FL management. After a quick, introductory exercise in Date: 10/20/1999 stress, the psychologists discussed the general concepts of stress, involving its source and manifestations, and P10838 For Love of the Game: Toward Personal then presented specific methods of dealing with stress. Fulfillment in the Practice of Law Materials: Documents Summary: This program used an extended analogy between the Presented By: The Vassar B. Carlton AIC, Viera, FL practice of law and the sport of baseball to address Date: 1/6/1999 ✯ what some legal commentators have called the “tripartite crises,” or the inter-relationship between the deterioration of professionalism, increased lawyer dissatisfaction with the practice and a declining public perception of lawyers. Discussed throughout the skits were facts and statistics regarding lawyer dissatisfaction and strategies for maintaining the “love of the game.” Materials: Script, Questions, Comments Presented By: The AIC of Acadiana, Lafayette, LA Date: 10/21/1999

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P10930 The Young Lawyer and Real Practice: P11029 Job Satisfaction in the Legal Profession Expectations of the New and Old Summary: This panel discussion on job satisfaction began with an Summary: The demonstartion was divided into three segments of overview of surveys over the years and recent trends dramatizations. Each dramtization dealt with various in job satisfaction among law firm associates and problems young lawyers encounter on a daily basis with partners. Topics included whether dissatisfaction in the senior lawyers and with clients. legal profession was a general condition of contempo- Materials: Script rary professional life or peculiar to the practice of law; Presented By: The Luther Bohanon AIC, Oklahoma City, OK the short- and long-term impacts of recent associate Date: 3/16/1994 salary wars; whether one could be a successful trial lawyer and work 40 hours per week; and the impact of P10937 Law and Literature: casual dress on job satisfaction. What Lawyers Can Learn from Literature Materials: Script, Articles, Facts Summary: The program begins with a brief discussion of the Law Presented By: The Edward Bennett Williams AIC, Washington, DC and Literature movement in legal education. Then a Date: 3/15/2001 discusssion of texts and appraoaches to legal education follows, and finally the moderator turns to literature and P11031 Lawyering Happily Ever After: more specifically Othello. The program examined the Legally Correct Bedtime Stories use of expert witnesses, impeachment, objections and Summary: This musical skit addressed how alternative working miscellaneous elements of law. arrangements, such as part-time lawyering, telecommut- Materials: Script, Bibliography, Questions ✯ ing, and extended maternity and paternity leave, could Presented By: The Charles Fahy AIC, Washington, DC help lawyers achieve balance between their personal and Date: 3/7/1996 professional lives. The skit alternated between scenes of a mother and father reading “Legally Correct Bedtime P10990 Mr. Smith Goes Home: Stories” to their child and lawyers exploring ways they Lawyers’ Private Conduct, might practice “law happily ever after.” Are We to be Judged by a Higher Standard? Materials: Script, Questions, Bibliography Summary: This program followed a prominent lawyer from his office, Presented By: The AIC of Acadiana, Lafayette, LA to a public train station and into the privacy of his own Date: 9/27/2001 home. During this time he had interacted with family, friends, the public and eventually, disciplinary authorities P11050 The Partner: The Choice Is Made in a way that raised questions about his personal moral Summary: This skit focused on the everyday stresses of a lawyer. conduct and his character. Some issues raised included It followed a lawyer through time and showed how she adultery, child abuse, theft of services, and lying under handled ambition, peer recognition, doing a great job oath. Rule 8.4 of Professional Conduct was the founda- for her clientele, and how choices were made. tion of the presentation. Materials: Script, Articles, Facts, Law, Bibliography Materials: Script, Comments, Facts, Law, Articles, Bibliography Presented By: The Craig S. Barnard AIC, West Palm Beach, FL Presented By: The Temple AIC, Philadelphia, PA Date: 2/19/2002 Date: 3/14/2001 P11085 Won’t You Be My (FREE) Lawyer? P10991 Part-Time Lawyer, Full-Time Dilemma Summary: The program focused on mandatory pro bono legal Summary: This program utilized a series to demonstrate the services, which included alternatives to encourage dilemmas facing a law firm and the individual practitio- voluntary legal assistance to people in need. In the first ✯ ners considering the issue of part-time lawyering. The act, the California State Senate considered recently vignettes addressed the firm’s decision to accept an introduced legislation mandating 50 hours of pro bono associate’s request to work part-time on a trial basis. service annually for all lawyers. The scene then moved Another issue addressed was how co-workers and others to the individual offices of three senators, who each met who did not have the opportunity early in their practices to with various interest groups and sought exemption from work part-time, viewed the part-time situation. the legislation’s requirements. In the final scene, the Materials: Script, Comments, Articles senators held a committee hearing featuring testimony Presented By: The Temple AIC, Philadelphia, PA from supporters of the legislation. Date: 2/7/2001 Materials: Script, Law, Articles, Bibliography Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 11/27/2001

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P11114 Shakespeare and The Law P11181 To Err is Human… Summary: This program is adapted from a speech by Professor Summary: This thought-provoking and humorous program uses a Robert Peterson. The speech examines a few favorite parody of It’s a Wonderful Life to show the difficulties uses made by courts of William Shakespeare and into which you associated are often placed by their examines a few cases in which he thinks the courts employers. Ethical considerations raised include candor may be a little too casual about the context in which to the tribunal, snitching on another attorney, and the the passage is embedded. He wraps up the speech ethical and economic considerations raised when by putting Shakespeare’s most famous and most considering the use of a second chair for a trial. damaging line about the profession into context. Materials: Script, Law, Questions Materials: Outline, Script, Law, Articles Presented By: The Boston AIC, Boston, MA Presented By: The William A. Ingram AIC, San Jose, CA Date: 11/18/2002 Date: 10/12/2002 P11199 How and Why to Build Your Networking Skills P11142 A 60 Minute Minefield Summary: This programs focuses on an important non-legal skill Summary: This program examines the big and little things that can go that all lawyers should develop, the skill of networking. wrong in a small law office in the space of sixty minutes. The program was designed to share the networking The skit addressed such issues as ethical conduct, strategies of Inn members, and to foster interaction propriety issues, client misconduct and attorney conduct. among Inn members by asking them to use their Materials: Outline, Script networking skills to introduce new members to the Presented By: The Sterry R. Waterman AIC, South Royalton, VT continuing members of the Inn. The format of the Date: 2/20/2003 program paired a discussion with a series of skits. Materials: Outline, Script P11148 A View from Perspectives Presented By: The Southern Illinois AIC, Carbondale, IL on the Legal Profession Date: 10/14/2003 Summary: The subject matter of this program pertained to perspectives on the legal profession, particularly the P11210 Tired, Wired & Fired: A Law Firm’s Obligation public’s perception of the same. The demonstration When An Attorney Is Impaired was held at a local restaurant and used cast members Summary: The program dealt with the ethical dilemmas facing a placed amongst the dinner guests. The cast members law firm confronted with an employee at the associate voiced their opinions of lawyers and the legal system level who is struggling with mental impairment resulting and prompted a far-ranging discussion. from stress and possible alcohol and drug abuse. The Materials: Outline, Script, Articles, Handouts focus of the program was the ABA Model Opinion 03- Presented By: The Temple AIC, Philadelphia, PA 429, Obligations With Respect to Mentally Impaired Date: 12/11/2002 Lawyer in the Firm, issued in June 2003. The setting was a hearing before the Pennsylvania Disciplinary P11160 Defending Your Life-Ethics Review Board and the format was a series of witnesses Summary: The focus of the program was legal ethics and the called before this Board who were questioned about importance to the legal community. The evening began incidents involving the attorney in question. The with clips from Defending Your Life, and the subsequent program closed with a testimonial by a local attorney program was based on the same premise as the movie, who is a recovering alcoholic and experienced many of in that the Inn program was a retrospective look at a the issues raised in the presentation. lawyer’s life. A master of ceremonies kept the program Materials: Outline, Script, Articles, Documents, Law, on track and made remarks after each of the five Handouts, Video vignettes. Presented By: The Temple AIC, Philadelphia, PA Materials: Outline, Script, Articles, Law, Handouts, Video Date: 2/12/2004 Presented By: The William J. Holloway, Jr. AIC, Oklahoma City, OK Date: 11/6/2002 P11254 !IMAGINE! The 3 Phases of Eve: The Life of the Law as lived by 3 Lawyers P11167 Top Ten Disorders That Disturb Your Practice Summary: This multi-media presentation opens with a set of visual Summary: After brief opening remarks, the program used a skit images of women performing in a variety of contempo- depicting various mental disorders to introcude the rary roles. After the introduction of the role of women in subject. After the demonstration, a PowerPoint presen- the law, the program uses three skits to further explore tation covered the symptoms, suggested treatment or the relevant issues. Each skit represents one phase meditcation, and practical tips on dealing with each of of the legal life, the first phase is the law student, the the disorders mentioned in the skit. scond phase is lawyer, and the third phase is the judge. Materials: Outline, Script, Facts Materials: Outline, Script, Articles, Questions, Handouts, Video Presented By: The Burta Rhoads Raborn Family Law AIC, Houston, TX Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 2/20/2003 Date: 2/17/2004

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P11279 The Citizen Lawyer: D. Multidisciplinary Practice Reflections on the Past, Present and Future Summary: This program, delivered as part of the Inn’s holiday P10790 The Brave New World of Lawyering party, addressed reasons for volunteering, focusing in the Next Millennium NEW on personal and community benefits. It also included Summary: The pupilage group examined some of the entanglements a history of lawyers who led by example and gave involved with multidisciplinary practices through several generously to their community. The planning team also ✯ scenes. The scenes followed the merger of a success- invited guests from three area non-profit organizations ful law firm with a global accounting firm, and illustrated and surprised the guests with holiday gifts. The written some of the pitfalls associated with the merger. material included information about the guests, as well Materials: Script, Law, Articles as a detailed chart setting forth volunteer opportunities Presented By: The University of Pennsylvania Law School AIC, and contact information. Philadelphia, PA Materials: Script, Facts, Law, Handouts Date: 10/19/1999 Presented By: The Temple AIC, Philadelphia, PA Date: 12/8/2004 P10852 Multidisciplinary Practice Program Summary: The pupilage group split up the many different issues P11304 The “Overly” Stressed Client surrounding multidisciplinary practices and presented Summary: This program examined the ways to deal with clients that each issue in turn. The topics discussed included fee are under heavy psychological pressures as a result of splitting, confidentiality, conflict of interests, independent NEW being drawn into litigation, particularly as defendants. It judgment, the unauthorized practice of law and used outside experts that are knowledgeable in identifying pro bono work. clients under stress and provided insight on how to deal Materials: Articles, Comments with those clients. Program materials included a published Presented By: The A. A. White AIC, Houston, TX interview with a psychiatrist, a reading list suggested by Date: 2/2/2000 one of the experts, a list of local mental health resources, and rules of professional conduct related to obligations of P10863 Law-Mart: The Place to Be lawyers to seek help for clients that need it. Summary: To illustrate the problems presented by multidisciplinary Materials: Script, Articles, Facts, Law, Video practices, the pupilage group created Law-Mart—a place Presented By: The Willamette Valley AIC, Salem, OR ✯ where all your problems can be solved. The skit revolved Date: 1/20/2005 around a married couple and their daughter, battling legal, social, economical and psychological troubles, as P11314 The Stressful Day: Part II they unwisely turn to Law-Mart for the solution. Summary: This program examined the pressure and the increas- Materials: Script, Articles, Facts ing stress in the practice of law. The presentation Presented By: The Temple AIC, Philadelphia, PA NEW examined the stressful day of one fictional lawyer and Date: 3/8/2000 explored issues such as the role of technology and the corresponding demand for more immediate reaction P10911 Multidisciplinary Practice and response, rising overhead expenses, the increasing Summary: This report summarized the ABA’s study of the number of attorneys and the corresponding wage stagna- Commission on Multidisciplinary Practice that was tion, and the increase in the number of clients taken on undertaken to determine what changes, if any, should be to make ends meet. The program also indentified signs of made to the ABA Model Rules of Professional Conduct burn-out, depression and stress, and suggested strate- with respect to the delivery of legal services by profes- gies to deal with the results and the root causes. sional services firms. Members of the Commission Materials: Script, Articles, Law, Handouts unanimously supported this report and its accompanying Presented By: The Dean Henry George McMahon AIC, Baton Rouge, LA recommendation. Date: 5/27/2004 Materials: Articles, Bibliography Presented By: The Temple AIC, Philadelphia, PA Date: 4/12/2000

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P10960 Core Values of MDP’s: P10985 Multidisciplinary Practices: Pros and Cons Where is the Practice of Law Going? Summary: The purpose of this program was to present the pros Summary: This program presented a skit dealing with the controversy and cons of multidisciplinary practices. A hypothetical over multi-disciplinary practice and a series of fundamental two-scene program was presented. In scene one, four questions regarding what direction the practice of law was partners of a firm that wasn’t currently multidisciplinary taking. This program focused on discipline rules relating met with a client to discuss her future needs for substan- to confidentiality and conflict of interest. Some of the legal tial professional services. Because the firm was not issues of the presentation were, what is considered the a multidisciplinary practice it was unable to meet any practice of law and what is the unauthorized practice of of her needs except for legal services. In scene two law? What are the core values for the legal profession? following the client’s departure, the firm’s partners met Have those changed over time? to discuss whether the firm should become a multidisci- Materials: Script, Questions, Law, Articles plinary practice. During the meeting a moderator asked Presented By: The Vassar B. Carlton AIC, Melbourne, FL questions and solicited comments from of the audience. Date: 9/6/2000 Materials: Script, Comments, Articles, Law Presented By: The Frank Rowe Kenison AIC, Hanover, NH Date: 12/13/2000

P11076 Lawbucks: A Full-service Coffee Shop Summary: The program was a skit examining problems unique to a multidisciplinary practice. The fictitious “Lawbucks” was a full-service coffee shop and law firm that offered real estate, investments, and insurance services. A discussion regarding conflicts between a multidisciplinary practice and the current Model Rules of Professional Conduct followed. Materials: Script, Law, Articles Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 11/28/2001

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P10165 Computerizing the Legal Mess P10347 I’ve Got a Secret— Summary: The program focused on the implications of computer Confidentiality in the 21st Century technology on the legal profession. Ethical consid- Summary: This presentation demonstrated the risks of new high erations involved in the use of, or failure to use, the technology communication devices commonly used increasing technology were discussed. The discus- ✯ by attorneys that are not necessarily secure and sion included issues of personal competence and the are subject to misuse, which put the attorney at risk broader societal obligations placed by the profession on liability-wise and ethically. There were three skits, one lawyers and judges. concerning an overheard cellular phone conversation, Materials: Documents, Law, Comments one involving a large settlement filed under seal, and Presented By: The Prettyman-Leventhal AIC, Washington, DC one dealing with a missent fax. Discussion followed Date: 5/17/1993 each of the three skits. Materials: Facts, Questions, Script, Law, Articles, P10206 Computer-Enhanced Litigation Bibliography, Comments Summary: The program explored the increasing use of demonstra- Presented By: The Harry Phillips AIC, Nashville, TN tive evidence, particularly computer-generated Date: 11/21/1995 evidence, in the courtroom. The program considered the procedural questions that arose using demonstra- P10415 Emaile and the Knight Raiders tive evidence. Summary: This program concerned electronic mail communications Materials: Facts, Script, Bibliography between attorneys and their clients and its susceptibil- Presented By: The Joseph Ball-Clarence Hunt AIC, Long Beach, CA ✯ ity to storage and interception by others, specifically, Date: 2/8/1994 opposing parties. The program contains a three-scene skit that involves a person who consults an attorney about P10261 Ethics, Modern Technology, and the Law corporate downsizing and learns how to use a whistle- Summary: The program used a panel discussion format to explore blower protection statute to his advantage. The attorney the legal implications of recent technological advances. sends their strategy via e-mail, which is accidentally The panel included members from the FBI, Motorola, intercepted by the employer who, after learning of the and the Department of Justice. Discussion centered on upcoming complaint, terminates the employee. A discus- privacy concerns of the Clinton Administration’s plans sion followed each of the three scenes. to require government-encoded encryption of certain Materials: Facts, Script, Law, Bibliography, Comments telecommunications equipment. Presented By: The Prettyman-Leventhal AIC, Washington, DC Materials: Law, Articles Date: 11/13/1995 Presented By: The Charles Fahy AIC, Washington, DC Date: 2/3/1994 P10467 The Courtroom of the Future Summary: This program examined the current and future technol- P10315 The Information Superhighway ogy that is and will be available in the courtroom. The Inn and Court Technology used two-way, audio/visual teleconferencing technology Summary: This presentation explored the “Information Super- to connect with Courtroom 21, the “world’s most technol- highway” and Internet and gave an overview of some ogy advanced courtroom” located at the College of of the technologies being used by courts and litiga- William and Mary in Williamsburg, Virginia. The program tors. Four specific technologies were demonstrated showed a live tour of Courtroom 21 and an interactive by Litigation Science, Inc., and Personal Librarian question and answer session with Professor Frederic Services. Lederer, Chancellor Professor of Law at Marshall-Wythe Materials: Articles, Bibliography, Documents School of Law at William and Mary. Presented By: The Prettyman-Leventhal AIC, Washington, DC Materials: Facts, Articles, Comments Date: 12/12/1994 Presented By: The Chester Bedell AIC, Jacksonville, FL Date: 2/21/1996

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P10506 How to Get a Divorce without Really Crying P10605 Effective Advocacy (For Love or for Money) In the Courtroom of the Future Summary: This largely computerized program created an “interac- Summary: The program utilized a relatively simple demonstrative” computer show which demonstrated how easy tion mock trial of a vehicular accident, and showed ✯ it would be for any attorney, with or without computer ✯ segments of the trial in which two competent trial teams training, to utilize legal oriented software. Two associ- presented their cases, one using the tools available in ates were primarily responsible for demonstrating the the “Courtroom of the Future” and one using the more use of computer software throughout the presentation. traditional tools for communication with a jury. The Among the issues presented were: 1) How to use the presentation demonstrated enhanced jury communi- computer to conduct legal research (using Westlaw on cation and persuasion made possible through user- CD-Rom); 2) How to use the computer to generate friendly and cost-effective technology. a Case Information Statement and to calculate child Materials: Script, Questions, Video support in accordance with NJ Law (using CIS-Win© Presented By: The Kansas City-Ross T. Roberts AIC, Kansas City, MO by Easy Soft, Inc.); and 3) How to use the computer Date: 3/1/1998 to generate pleadings while a client watches and waits (using OverDrive™ and WP® 5.1 DOS). P10613 Technology in the Courtroom Materials: Facts, Script, Documents Summary: The program featured the use of new Federal electronic Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ courtroom technology, which enables parties to present Date: 11/12/1996 “paper-less” trials where evidence is stored on compact discs. After explaining how the new technology works, the P10540 Emerging Courtroom Technology: presenting team demonstrated through mock examina- Cutting Edge Technology in Trial tions how it can be effectively and efficiently used. Summary: This demonstration featured a review of emerging Materials: Script, Questions courtroom technology. The Inn contacted several Presented By: The Webster-Batchelder AIC, Bedford, NH businesses that market courtroom-ready-evidence Date: 10/1/1998 for trials. They secured presentations from several sources: 1) “The Courtroom of the 21st Century,” P10620 Animation in the Courtroom William & Mary Law School; 2) Legal Images, a Summary: The program demonstrated the practical and consultant that assists counsel in preparing courtroom evidentiary problems associated with introducing exhibits including computer designed animations computer-generated animation at trial. A law professor display graphics, models and videotapes; 3) CH&A summarized the basic evidentiary standard, and a Graphics and Video Productions, a consultant computer-graphics specialist showed sample animated engineering firm that produces to scale illustrations, exhibits and explained the techniques used to achieve diagrams, videotapes using computer animations and clarity and reliability. still video; and 4) Z-Axis Corporation, a consultant who Materials: Bibliography, Comments, Law produces similar presentations. Presented By: The New York County Lawyers’ Association AIC, Materials: Facts, Law New York, NY Presented By: The George Mason AIC, Fairfax, VA Date: 2/25/1998 Date: 2/26/1997 P10652 Legal Surfing: P10588 Don’t Get Trapped In the Net Update Internet Resources for Attorneys Summary: The program began with a narrative overview of up-to- Summary: The program discussed the utilization of the Internet for the-minute changes in internet technology and legal legal research. The presentation concerned itself with issues. The Inn discussed how the internet affects the a how-to approach in finding law and other resources field of law: internet service provider liability, ethical that are available on the World Wide Web. Using a considerations, jurisdiction, copyright laws, domain projector and laptop computer, the Inn demonstrated names/trademark laws, and federal and state concerns the art of “legal surfing”. about “decency” of content. The ongoing effort to create Materials: Articles, Bibliography a library of all Internet web sites was also discussed. Presented By: The Alan J. Goldstein AIC, Rockville, MD Materials: Script, Facts, Bibliography Date: 3/24/1998 Presented By: The Giles S. Rich AIC, Washington, DC Date: 10/23/1997

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P10722 Cyberworld Criminal Issues P10868 Candid Camera: Cameras in the Courtroom Summary: Trying to tackle a broadening subject, this program Summary: This program examined the use of cameras in the attempted to answer many of the questions dealing courtroom based on a real case. The case dealt with a with the criminal issues surrounding the computer age. male sexual assault victim’s refusal to testify due to the The hypothetical case centered on two friends trading camera’s presence. The judge excluded the camera, marketing secrets via e-mail. The program touched on resulting in an immediate appeal. many issues pertaining to the multitude of crimes on Materials: Law, Facts, Articles the Internet. Presented By: The Harry Phillips AIC, Nashville, TN Materials: Comments, Facts, Documents, Articles, Law Date: 3/21/2000 Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 9/17/1998 P10873 Legal Technology Summary: The group circulated a survey about technology and P10749 Internet Resources for Wired Lawyers law several months prior to the actual meeting to Summary: Delivered on-line on the internet from a logged-on determine the general level of knowledge that judges computer, the program consisted of teams tackling and attorneys possess. Then, after a scene involving such topics as the productivity of e-mail and the usage two attorneys with different levels of technical experi- of the world wide web as a research and marketing ence, various vendors demonstrated their technological tool. Each presentation was punctuated with relevant products. websites that were projected onto a screen. Materials: Script, Questions Materials: Articles, Documents, Comments Presented By: The Vassar B. Carlton AIC, Viera, FL Presented By: The Harry Phillips AIC, Nashville, TN Date: 3/1/2000 Date: 2/16/1999 P10874 Tripped Up— P10778 Computer Crimes Electronic Surveillance in the Workplace Summary: Members of the FBI’s Hi-Tech Computer Crimes Squad Summary: The group used exaggerated characters and a colorful spoke to members of the Inn about the hot topic of script to demonstrate that technology is used by all computer crimes. The speakers discussed topics such ✯ types of employers and employees for legitimate and as computer piracy, child pornography on the Internet, illegitimate purposes. The program highlighted various encryption, and the enforcement statutes used to misuses of electronic equipment in the workplace prosecute hackers and other computer criminals. through three vignettes, noting those misuses that Materials: Articles could give rise to civil and criminal penalties. Presented By: The William L. Todd, Jr. AIC, San Diego, CA Materials: Script, Law Date: 2/17/1999 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 2/16/2000 P10850 Voyeurlawyer.Com—The Admissibility of Evidence Via the Internet P10904 Think Before You Peek: Summary: This program examined the emerging law surrounding Electronic Surveillance in the Workplace evidence obtained from a personal computer or the Summary: This program consisted of vignettes that focused on the ✯ internet through several scenes to engage the audience legal and ethical issues surrounding the use of electronic in a discussion. The pupilage group used sexual ✯ surveillance in the workplace. The vignettes focused innuendos and a “web-mistress” narrator to draw in the on whether or not firms were obligated to inform their audience’s attention and maintain a website atmosphere. employees that they were being recorded via phone, Materials: Script, Comments, Articles, Law email, or even on the websites they may visit. One Presented By: The Family Law AIC of Tampa, Tampa, FL particular vignette looked into the legalities of holding Date: 2/3/2000 a firm accountable for employee postings on Internet message boards giving free, wrong and/or misleading P10864 Hi-Tech, Hi-Risk, Hi-Responsibility legal advice, and several other circumstances involving Summary: The presentation raised various ethical, legal, financial electronic surveillance within the workplace. and professional issues encountered in today’s Materials: Script, Questions, Bibliography, Articles courtrooms in which the use of technology has become Presented By: The University of Pennsylvania AIC, Philadelphia, PA increasingly popular. The program brought out many Date: 1/16/2001 sides of the argument, including the perspectives of the informed and uninformed lawyers, the judge’s role in managing both lawyers and technology, and the often- omitted perspective of the jurors. Materials: Script, Law Presented By: The Temple AIC, Philadelphia, PA Date: 1/12/2000

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P10969 The Future of Privacy in Cyberspace P11022 Privacy.com Summary: This program focused on privacy or the lack thereof, Summary: This demonstration was divided into two parts. First, in cyberspace. It began by asking Inn members who a judge presided as the plaintiff’s attorney and the had been on the Internet in the past 60 days who defendant’s attorney examined witnesses in a civil trial. would consent to allowing disclosure to the entire The attorneys impeached the witnesses they were Inn of what they had been doing and viewing on the cross-examining with matters such as prior criminal Internet. No one consented; however, as the program arrests and /or convictions, bankruptcy filings, sexual showed it would have been easy enough to retrieve this registration, etc. that the attorneys had obtained information due to the latest developments in this field, from the Internet. In the second segment, there was which were presented. One of the most provocative a witness who was being examined by an attorney statements on the issue was from the CEO of the Sun: regarding emails that the witness had allegedly sent “You have no privacy, get over it”. that were improper and the basis of the lawsuit. Materials: Script, Articles, Comments Materials: Script, Facts, Bibliography, Law Presented By: The Owen M. Panner AIC, Portland, OR Presented By: The William B. Enright AIC, San Diego, CA Date: 3/13/2001 Date: 2/8/2001

P10972 Seeing is Believing: The Use and Misuse P11040 E-Justice of Computer Generated Exhibits Summary: The program’s two skits focused on a new approach to Summary: Based on the recent movie, “Erin Brokovich,” this client services that raised legal and ethical questions. In program focused on potential uses and misuses of the first skit, a man served with a paternity suit decided visual/technological advocacy. The defendant Pacific to try a new kiosk after a newspaper article explained Gloom & Electric produced a toxic chemical that it was easier and less expensive than a lawyer. In the allegedly got dispersed through the soil to the underly- second skit, a woman without an independent source ing water table and ultimately to the plaintiffs’ drinking of income sought a divorce, a protective order, and wells. The plaintiffs had ingested that water and were custody of her children. She went to the courthouse to suffering physical/medical damages and they blamed inquire about the kiosk. Throughout both skits, three PG&E. There were four scenes with extensive discus- members, portraying skeptic, enthusiast, and pragma- sions after each one. tist, gave their opinions on the ethics of using a kiosk Materials: Script, Law, Facts, Bibliography, Articles, Video and its pros and cons. Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Materials: Script, Law, Bibliography, Documents Date: 2/20/2001 Presented By: The Warren J. Ferguson AIC, Orange, CA Date: 5/1/2001 P10976 Hi-Tech Graphics in the Courtroom Summary: This program demonstrated the Digital Evidence P11104 Identity Theft Clearing House: Presentation System installed in the courtroom. What’s In it For You? Attorneys presenting the program highlighted the use Summary: This presentation provided general information on the of graphics in opening statement, direct examina- crime of identity theft. The program included infromation tion, cross-examination and closing argument. At the gathering on Inn members by a secret service agent conclusion of the demonstration the clerk invited the prior to the presentation, while the presentation itself members of the audience to a hands-on experience included an introductory talk, a question period, and with the equipment. personal stories from vicitms of identity theft. Materials: Comments, Articles Materials: Articles Presented By: The George McBurney Business Litigation AIC, Los Presented By: The Edward Bennett Williams AIC, Washington, DC Angeles, CA Date: 4/18/2002 Date: 3/1/2001 P11125 Choices in Presentation Technology P10989 Hot Topics on the Internet Summary: This program presents three different closing Summary: This program centered around five issues that were arguments based upon the same factualy scenario. presented by five students. Each student began their Each closing argument illustrates a different use of issue by asking the audience relevant questions from technology in the courtroom. an Internet Knowledge Quiz. The student asking Materials: Outline, Facts, Video the question would then ask for responses from the Presented By: The Louis D. Brandeis AIC, Louisville, KY audience, which lead into a general discussion about Date: 4/23/2002 the larger issue. This process continued until every group member presented his or her respective issue. Materials: Bibliography, Law, Articles, Questions Presented By: The George Mason AIC, Arlington, VA Date: 2/28/2001

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P11137 Trial Practice/Back to Basics: P11212 Electronic Evidence in Court Direct Examination and Closing Argument Summary: The focus of this program was the discovery and use Summary: This program focused on the use of technology by a of electronic evidence in criminal proceedings. The prosecutor who used sophisticated computer exhibits program consisted of a series of three hearings which during direct examination and closing argument. were interrupted at different times for three sidebars. A Materials: Comments, Bibliography handout with copies of relevant electronic documents Presented By: The Edward Bennett Williams AIC, Washington, DC was provided to the audience. Date: 1/16/2003 Materials: Outline, Script, Articles, Documents, Law, Handouts Presented By: The Edward Bennett Williams AIC, Washington, DC P11151 You’ve Got Mail: Ethics and the Internet Date: 2/19/2004 Summary: The program addressed the ethical, legal and practical issues concerning an attorney’s use of the Internet in P11220 Electronic Discovery: A Case Study communicating with clients, opposing counsel and the Summary: Based on the 2003 case of Zubulake v. UBS Warburg courts. The program raised the issue of attorney-client and its three published opinions, this program illustrates privilege and highlighted several of the most common the issues presented when litigants want an opponent Internet crimes including fraud and identity theft. to reproduce email or other documents. The program Materials: Outline, Script, Law, Articles also deals with the issue of who should pay for what Presented By: The Temple AIC, Philadelphia, PA can be an expensive endeavor. Litigators will appreci- Date: 3/12/2003 ate the program’s recognition of a great discovery issue and the also appreciate the answer to who pays. P11164 From the Inn to the Internet: The Past, Present Materials: Script, Documents, Facts, Law, Handouts and Future of Legal Education in America Presented By: The Sagamore AIC, Indianapolis, IN Summary: The program is an overview of the past, present, and Date: 3/10/2004 future of legal education. The topic is presented in two one-hour segments. The first segment provides an P11233 I’ve Deleted You Off My Hard Drive, overview of the history of legal education. The second but I Can’t Get You Out of My Life segment looks at the future of legal education first Summary: This program addressed the issue of electronic discovery through the lens of a mock appellate argument, and by using a four-act play. The plot involved Arnold second, the comments of a University President. Schwarzenegger’s slander suit against Larry Flynt which Materials: Outline, Articles, Facts allegedly occurred when Flynt disseminated an email to Presented By: The William J. Holloway, Jr. AIC, Oklahoma City, OK all California voters suggesting the Schwarzenegger had Date: 3/12/2003 a tummy tuck. The program included a live demonstration of the technology available for recovering email and P11209 David v. Goliath Brake Systems: Putting the discovering its origins. Brakes on Technology in the Courtroom Materials: Script, Articles, Video Summary: This timely program deal with the ethical, legal and Presented By: The Sam A. Crow AIC, Topeka, KS pracitcal issues surrounding the use of technology in Date: 9/4/2003 the courtroom. The program focuses on the decision of counsel to use cutting-edge technology in represent- P11234 The Phantom of the Internet ing their client. The program was presented in the new Summary: This program focused on the ethical and legal issues Technology Courtroom for the Philadelphia Court of which may face an attorney using modern technology Common Pleas, and used many of the new technolo- in the pratice of law. Specific issues covered include: gies available to trial lawyers including: accident 1) The use of the Internet; 2) Confidentiality and use reconstruction animation, PowerPoint presentations, of email between attorney and client and its effect on use of overheard projectors, and the use of plasma privilege; 3) Electronic eavesdropping; 4) Use of chat screen technology. rooms; 5) Use of a law firm’s computer for personal Materials: Outline, Script, Aritcles, Documents, Law, Questions, use; 6) Liability for transmitting a computer virus; and 7) Handouts, Video How to protect confidential eletronic information. Presented By: The Temple AIC, Philadelphia, PA Materials: Script, Law, Handouts, Disc Date: 1/14/2004 Presented By: The Ralph M. Brown AIC, Modesto, CA Date: 10/16/2003

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P11238 Digital Discovery P11295 The E-Prentice: The E-Trail from the Summary: The focus of this program was the legal, practical and Boardroom to the Courtroom ethical issues surrounding electronic discovery. Using Summary: This program focuses on the plethora of legal and the common fact pattern of the year-long program, the ethical issues that judges, lawyers and clients face program featured two vignettes, one was an argument NEW when dealing with electronically stored information. on discovery motions before a U.S. magistrate judge, The programs addresses issues related to electronic and the other was a conversation between an attorney discovery from various perspectives, before and after a and a client. After the skits, two guests lead a discus- sexual discrimination suit is filed. sion on the evolving law of electronic discovery Materials: Script, Articles, Documents, Law, Questions, Handouts and desribed the technical aspects of doing digital Presented By: The Temple AIC, Philadelphia, PA discovery. Date: 11/10/2004 Materials: Script, Documents, Facts, Law, Handouts Presented By: The Pittsburgh AIC, Pittsburgh, PA P11310 Sympathy for the Adjuster: Date: 1/22/2004 When Non-Lawyers Call the Shots Summary: This program was designed to highlight the ethical and P11239 Courtroom Wizardry legal dilemmas faced by insurance company defense Summary: This program used a fact pact pattern that was part of NEW counsels, arising out of the dual attorney-client relation- a year-long theme for the Inn. That fact pattern involved ship with the insured and the insurance company. In an an attempt by Alex Trebeck to resurrect his career increasing number of cases, the attorney’s exercise of by having himself shot on national television. This independent professional judgment has been replaced particular program called upon two prominent forensic with complex software programs that dictate to the expterts to testify about their findings and opinions on adjuster how much a case is worth. Often the adjuster, the evidence recovered during the criminal investiga- rather than the attorney, decided what discovery will be tion of the shooting. The point of the exercise was to undertaken and what the trial strategy will be. This trend use the technology available to enrich the testimony. raises the question whether policyholders are disadvan- The program was also presented to non-Inn members taged because their attorney has divided responsibility to gain their impressions of the abilities of the lawyers and reduced control over the outcome of the case. to present complicated scientific evidence in a more Materials: Outline, Script, Law digestible manner. Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Materials: Articles, Documents, Facts, Law, Handouts, Video Date: 9/21/2004 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 2/26/2004

P11248 United States (Parrot) Patriot Act Summary: The presentation summarizes the more relevant changes that the Patriot Act made to the tracking, gather and sharing of evidence and communication information. The focus is on the Patriot Act’s expansion of the four traditional tools of surveilance used by law enforcement: wiretaps, search warrants, pen/trap orders and subpoenas. The basic format is built upon a hypothetical situation with eight questions intended to get the audience thinking about the issues. The rest of the program uses a PowerPoint presentation on the law governing the surveilance tools before and after the Patriot Act. Materials: Script, Articles, Law, Questions, Handouts, Disc Presented By: The Sam A. Crow AIC, Topeka, KS Date: 3/4/2004

P11249 Videotaped Depositions: Case of the Dying Witness and the Lying Witness Summary: This program was designed to address procedures for videotaped depositions, the reasons for choosing them and the witness preparation. Materials: Outline, Video Presented By: The Oakland County Bar Association AIC, Oakland County, MI Date: 2/11/2004

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A. Corporate Law P10443 The Lawyer and the Duty of Zealous Representation P10046 Corporate Counsel’s Conundrum and Jitters Summary: This program portrayed a conflict between a from Joint Defense Agreements component manufacturer and an assembly manufac- Summary: The program consisted of four scenes, with discussion turer of a link pin product. The component manufac- periods after each, demonstrating problems associ- turer produced a link pin, an auto steering mechanism ated with the use of joint defense agreements and the that was state of the art but not production ready. The attorney-client privilege. The fact scenario involved the assembly manufacturer ordered and released the parts, sharing of insider information between a bank official although tests indicated that the link pin was not ready and two bank representatives. Each scene included for production. Several scenes illustrated corporate errors and pitfalls to be recognized and avoided in joint clients meeting with in-house counsel and in-house defense agreements. counsel meeting with outside counsel. Throughout the Materials: Facts, Script, Law scenes various ethical issues were highlighted. The Inn Presented By: The Edward Bennett Williams AIC, Washington, DC membership acted as the ethics committee of the firm Date: 9/21/1989 that represented the component manufacturer. They were asked what, if any, ethical violation(s) occurred P10053 Internal Investigations: Joint Defense and what remedial action(s) should be taken. Privilege, Confidentiality Agreements, and Materials: Script, Comments, Bibliography Issues of Conflict and Ethical Representation Presented By: The Boston AIC, Boston, MA Summary: The program concentrated on the issues raised by Date: 2/18/1997 internal corporate or other institutional investigations, including the viability of a joint defense privilege, a P10535 Search Warrants in White Collar Cases confidentiality agreement, and issues arising out of Summary: This inn prepared a complex hypothetical scenario the representation of various classes of corporate regarding search warrants. The scenario consisted of employees and the institution itself. ✯ seven subparts relating to search of corporate office, Materials: Facts, Documents, Law, Articles, Bibliography attorney offices, the seizure of computer equipment, Presented By: The Chicago AIC, Chicago, IL and privileged materials. A prosecutor and a defendant Date: 10/1/1991 attorney were assigned to face-off over each subpart. Materials: Facts, Documents, Law, Articles P10240 C.Y.A.—Covering Your ASSets Presented By: The Edward Bennett Williams AIC, Washington, DC Summary: The program dealt with the ethical problem of handling Date: 10/17/1996 a client who is intentionally trying to hide assets from judgment creditors. Two skits based on hypotheticals P10946 Corporate Governance Issues for the Insolvent were presented that involved various potential clients (or Nearly Insolvent) Company approaching an attorney for the sole purpose of hiding Summary: This program was a hypothetical emergency meeting assets. The attorney was presented with such issues as of the Board of Directors for ACME Oil Company. The what constitutes a fraudulent transfer, what constitutes Board worked through various corporate governance fair market value, and whether it is ethical to transfer issues that typically face corporations on the verge assets to a client’s 14-year-old son. of insolvency. Several topics of discussion were Materials: Facts, Script, Law addressed including professional retentions, business, Presented By: The Paca-Brent AIC, Annapolis, MD stand-alone alternative, etc. Date: 3/4/1994 Materials: Script, Questions Presented By: The Honorable John C. Ford AIC, Dallas, TX Date: 2/20/2001

P10981 Corporate Espionage: California Business and Professions Code Section Summary: This program was a skit that identified issues related to California’s Unfair Competition Law. It looked at some collateral criminal issues that may arise in a fact pattern involving the UCL and procedural issues in obtaining provisional relief. The issues were identified and communicated to the audience by the presenters as they acted out the script. Materials: Script, Comments, Questions, Law Presented By: The Louis M. Welsh AIC, San Diego, CA Date: 2/15/2001

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P11004 Class Actions P11147 A Corporate Carol: Summary: This presentation was derived from a Sixth Circuit Pro Bono versus Profitability case addressing class action certification of a group Summary: This program was developed to highlight the tensions of individuals alleging that they suffered damages as a between attorney obligations to engage in pro bono result of defective penile prostheses manufactured by work versus the fundamental economics of the practice the defendant. The program included a brief introduc- of law. The skit was a four-act play which was loosely tion with a summary of the elements required for class based on Dickens’ “A Christmas Carol”. At the conclu- action certification. Also, a client interview and a law sion of the play, a prominent member of the local bar’s firm meeting were enacted. Pro Bono Task Force led a discusson of the state of pro Materials: Script, Comments, Law, Facts, Bibliography bono legal services in the Philadelphia area. Presented By: The Oakland County Bar AIC, Bloomfield Hills, MI Materials: Outline, Script, Articles Date: 3/14/2001 Presented By: The Temple AIC, Philadelphia, PA Date: 11/16/2002 P11122 Corporations and Ethics Summary: The program focused on the state ethical duties with P11158 From In-House to the Big House which corporate lawyers are faced, and the new federal Summary: This program examined corporate fraud in light rules under Sarbanes-Oxley, and the potentional for of current corporate scandals and the Sarbanes- conflict between the two. The demonstration began with Oxley legistaltion which followed. The program used a summary of the rules which was followed with a skit. various scenes in the life of an in-house counsel to The skit was followed by a panel of guests including a demonstrate challenging decisions a counsel must corporate general counsel, a corporate executive, and make when faced with whitsleblower allegations of an ethics expert from an outside law firm, who led a widespread corporate fraud. discussion of the issues raised by the skit. Materials: Outline, Script, Articles, Law Materials: Outline, Script, Law, Articles Presented By: The Villanova Law J. Willard O’Brien AIC, Villanova, PA Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 2/11/2003 Date: 2/19/2003 P11162 Martha’s World (Where Corporate Opportunities P11129 Famous Corporate/ Meet a Lawyer’s Professional Responsibilities): Accounting Scandals and Scoundrels It’s a Good Thing or is it? Summary: This program focused on issues raised by the Sarbanes- Summary: This program took the format of a role-playing Oxley Act. With members of the group playing members demonstration and discussion which followed and of a fictitious corporation, the skit highlighted issues that focused on tensions which exist between a corporate led to the passage of the act. Between acts, an indepen- counsel’s responsibilities to a corporate client and dent corporate counsel, invited to the presentation by the pressure from corporate officers who seek personal Inns members, analyze the skits and offered advice in a legal advice. Additional pressure from SEC practice Larry King Live format. requirements and tension between outside director Materials: Script, Articles, Facts interests and legal obligations to safeguard interests of Presented By: The Univeristy of Pittsburgh AIC, Pittsburgh, PA the corporation were also addressed. Date: 11/14/2002 Materials: Outline, Script, Articles, Law, Handouts Presented By: The Anthony M. Kennedy AIC, Sacramento, CA P11130 Corporate Crime in the 21st Century Date: 1/21/2003 Summary: This program examined the implication of the Sarbanes- Oxley Act and its effect on publicly traded companies. P11189 Representing Corporations and Officers The program began with a dramatization of a scene in in the post-Sarbanes-Oxley World the office of a cable television company. A discussion Summary: The deomonstration was based on a series of skits driven by pre-selected questions followed the skit. performed by members of the pupilage team. After Materials: Script, Articles, Facts, Law, Questions each skit, the moderator posed questions to the Presented By: The Alexander Hamilton AIC, Huntington, NY audience about how they would have played out the Date: 11/20/2002 scenes in the actual law practice. These questions generated much discussion about each situation presented, each of which addressed the representa- tions of coprorations. Materials: Script, Articles, Documents, Facts, Law, Handouts Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 4/24/2003

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P11191 International Money Laundering P11240 The Queen Gets No Respect: After the USA Patriot Act The Attorney-Client Privilege Summary: The program focused on international money laundering from Queen Elizabeth to Martha Stewart and terrorist financing prosecutors in the aftermath of the Summary: This original program addressed the erosion of the USA Patriot Act. The program began with a presentation attorney-client privilege in the context of the Martha by a Justice Department official regarding the important Stewart trial, which was still ongoing when this program changes in the money laundering laws as a result of was presented. The program examined the origins of the Patriot Act. Next, the pupilage group presented the attorney-client privilege, and examined its develop- three skits, each followed by a multiple-choice quiz that ment in the United States. The program was based on concerned money laundering or terrorist financing. An the premise that Queen Elizabeth traveled through time expert panel of prosecutors, regulators and in-house to assist Marth Stewart in her trials and tribulations with attorney/ money laundering compliance officers discussed the Department of Justice. The program analyzed the the issues raised by the skits. Stewart indictment as well as the crime-fraud exception. Materials: Script, Documents, Facts, Law, Questions, Handouts The program also examined recent cases developing Presented By: The Edward Bennett Williams AIC, Washington, DC the attorney-client privilege and the DOJ position on Date: 9/25/2003 corporate waiver. Materials: Script, Documents, Facts, Law, Handouts, Disc P11198 Domestic Law of War: Presented By: The Villanova Law J. Willard O’Brien AIC, Villanova, PA USA Patriot Act and Civil Liberties Date: 2/10/2004 Summary: This program presented a debate between two lawyers, a United States Attorney and a nationally-known civil P11246 2015: The Twilight Zone rights advocate. Members of the program committee Summary: The focus of the program was the legality of the NFL drafted key questions which were presented to the eligibility rule and college football scholarships under panelists. The questions were desgiend to spark a antitrust laws. The format included an introduction and debate on current topics inculding: FISA courts, unlawful three substantive parts. combatants, domestic terror, and the invasion of privacy Materials: Script, Documents, Facts, Law, Questions, Disc that comes with sneak and peek warrants, cyber- Presented By: The Chicago AIC, Chicago, IL security, and access to bank records. Date: 2/18/2004 Materials: Articles, Documents, Law, Handouts, Video Presented By: The Louis M. Welsh AIC, San Diego, CA P11283 Noisy Lawyers & Silent Clients: Sarbanes- Date: 3/20/2003 Oxley & the Ethical Role of the Attorney Summary: The program addressed the requirements imposed P11223 Let’s Make Noise vs. The Sound of Silence upon attorneys under the Sarbanes-Oxley Act, specifi- Summary: This program focused on the disclosure required by ✯ cally when an attorney must withdraw from a case. A corporate counsel under the new SEC rules required by fictional domestic diva who marketed a faulty product the Sarbanes-Oxley Act of 2002, and special attention NEW is given counsel by two securities lawyers and a was given to the obligation of corporate counsel to report criminal lawyer regarding her public statements about fraud. The skit was followed by two presentations; one the product. A facilitator encouraged the audience to addressed criminal charges brought by the state of discuss the attorneys’ ethical responsibilities under Oklahoma against WorldCom, and the second addressed state and federal law. the specific provisions requiring corporate and outside Materials: Outline, Script, Documents, Law, Questions, Handouts counsel to make certain disclosures. Presented By: The Temple AIC, Philadelphia, PA Materials: Script, Articles, Documents, Facts, Law, Handouts Date: 4/14/2004 Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 10/8/2003 P11285 Corporate Counsel as Corporate “Watchdogs”: It’s a Good Thing? P11227 Oxley-Moron Theatre of the Air Summary: The central character in this musical skit is a “domestic Summary: The goal of this program was to discuss issues raised diva” names Martha Hewart. Serious financial difficul- by the Sarbanes-Oxley Act in litigation and corporate NEW ties at her company form the backdrop for a discussion attorney practice, as well as implications for practic- of the obligations of Ms. Hewart’s corporate counsel to ing attorneys. The program also strove to present the report evidence of fraud to either the board of directors issues in an entertaining format, and so presented the or the SEC. These obligations are discussed in light of program as a scripted “radio play” with multiple stand the Sarbanes-Oxley Act and Louisiana ethics rules. The micorphones and team members as actors. skit does feature several songs, so it is essential that Materials: Script, Articles, Law, Questions, Handouts, Video two actors we willing to sing. Presented By: The Louis M. Welsh AIC, San Diego, CA Materials: Outline, Script, Questions Date: 9/18/2003 Presented By: The AIC of Acadiana, Lafayette, LA Date: 9/21/2004

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B. Bankruptcy Law P10501 The Legal Duty to Advise Clients of Financial Consequences of and Alternatives P10144 Ethics of Bankruptcy and Environmental Law to Defending Tort Claims Summary: The program focused on an attorney’s disclosure duties Summary: This program portrayed how a defense lawyer was sued in bankruptcy and environmental litigation. The program for malpractice when he defended his client against two included a discussion of the similarities and differences intentional tort claims. The attorney, prior to defending between the Model Rules of Professional Conduct and the suits, failed to advise his client that filing a Chapter the Bankruptcy Code. 13 bankruptcy would have discharged both debts. Materials: Facts, Comments Although the attorney significantly reduced the dollar Presented By: The Theodore Roosevelt AIC, Uniondale, NY amount of both judgments, the final amount exceeded Date: 2/19/1993 the jurisdictional limit of Chapter 13, thus precluding his client from discharging both debts in a Chapter 13. P10234 Bankruptcy Unable to pay the reduced judgment, the client followed Summary: The program addressed an extensive bankruptcy his attorney’s suggestion to file Chapter 7. problem involving a handbag corporation that had Materials: Script, Comments recently gone bankrupt. Presented By: The Grand Rapids AIC, Grand Rapids, MI Materials: Facts, Law, Documents Date: 9/9/1996 Presented By: The Bankruptcy AIC, Newark, NJ Date: 9/13/1994 P10547 First Day Orders Summary: Using hand-outs and a fictional skit presentation, this P10380 Bankruptcy Inn of Court 1995-1996 program addressed authority for, and application of, Summary: Using a couple filing for bankruptcy as a model, this “first-day orders.” The presentation consisted of three program examined several aspects of a bankruptcy scenes with debtor’s counsel advising debtor, creditor’s case and ran the entire Inn year beginning with a counsel advising creditor and counsel for the creditor’s presentation on perspective client interviewing skills. committee consulting the assistant U.S. trustee. Each There were separate monthly presentations that cover team and the host were seated at separate tables. The all areas of a bankruptcy case like conducting a deposi- tone of delivery was humorous. tion, the drafting of and confirmation of Chapter 13 Materials: Facts, Bibliography, Script, Documents hearing, and the conduct of a confirmation hearing. Presented By: The Congressman Walter Chandler AIC, Washington, DC Materials: Facts, Documents, Law Date: 9/18/1996 Presented By: The Bankruptcy AIC, Newark, NJ Date: 1/1/1995 P10548 Early Creditor Actions: Motion to Dismiss for Bad Filing, Motion for a Trustee, P10490 A Question of Adoption Motion to Convert, Motion for an Examiner Summary: This futuristic program focused on ethical issues Summary: This program reviewed the possibilities for the dismissal surrounding adoption reform bills. The four scene of a Chapter 11 petition for bad faith filing, motion presentation explored the effects of granting children for appointing a Chapter 11 trustee or examiner, and access to the records of their adoption on file with the motions to convert to Chapter 7. Six participants—U.S. Department of Social and Rehabilitative Services, the Trustee, Debtor, Debtor’s counsel, counsel for an failure of the birth mother to disclose information to unsecured creditor and counsel for several smaller trade the birth father, and the rights of a gay adoptive father. creditors—engaged in a lively interchange while seated The presentation also discussed an attorneys’ ethical behind a long table which faced the members of the Inn. dilemma faced by the need to notify their former clients Materials: Facts, Bibliography, Script, Documents of adoption law provisions. Presented By: The Congressman Walter Chandler AIC, Washington, DC Materials: Facts, Questions, Script, Articles, Comments Date: 11/20/1996 Presented By: The Sterry R. Waterman AIC, South Royalton, VT Date: 4/8/1996 P10549 Official Creditors Committees: Formation, Representation, Operation and Related Issues Summary: This program outlined the procedures and rules governing committee formation and membership, powers and duties of committees, reimbursement of committee member’s expenses, and attorney-client privileges. A thorough example of a petition for Chapter 11 was included. Materials: Articles Presented By: The Congressman Walter Chandler AIC, Washington, DC Date: 10/16/1996

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P10550 Stay Lift Motion by the Secured Creditor P10553 Disclosure Statement: Summary: The program, described as “The Lift-Stay Game,” Objections to Same and Plan divided the audience into three teams and the host Summary: The program was presented as a series of lectures asked a series of questions dealing with relief from followed by a question and answer period. Topics the automatic stay. A presenter provided a factual discussed were: 1) adequacy of Information under situation based upon a reported decision relating to a §1125 (a) (1); 2) authorization not to include valuation motion for relief from the stay. The teams had only one information and the conflict with §1129(a) (7)(A)(ii) best minute to discuss the question and respond with the interest of creditors test; 3) §1125(d) and (e) use and “correct” answer. The team(s) with the correct answer abuse of The Securities Safe Harbor and 4) disclosure were given a point. The host expedited the game pace, of insiders, affiliates and post-confirmation manage- polled the audience teams and kept track of time. ment and compensation. Materials: Facts Materials: Questions Presented By: The Congressman Walter Chandler AIC, Washington, DC Presented By: The Congressman Walter Chandler AIC, Washington, DC Date: 1/21/1996 Date: 4/16/1996

P10551 The McGold Group Presents P10554 Mock Confirmation and Cramdown Tax Issues in Bankruptcy Summary: The presentation began with a mock plan and disclo- Summary: Emulating The McLaughlin Group, this lively program sure statement hearing. The Inn utilized opening addressed many issues on bankruptcy tax issues. arguments of counsel to bring issues relating to confir- One member acted as the host (McLaughlin) and mation and in particular, cramdown. Each member introduced the experts (team members) on bankruptcy played the role of an attorney or a judge. The attorneys tax issues. The host described each tax issue to be delivered opening statements while seated across from discussed and addressed why it was important. Each the judge. topic was debated by two of the “experts.” One expert Materials: Law, Articles presented the majority view of the issue and the other Presented By: The Congressman Walter Chandler AIC, Washington, DC expert presented the minority view as the counterpoint. Date: 5/21/1997 Payroll tax withholding, social security tax withholding, penalties assessed as tax, and responsible person P10663 Bankruptcy and Divorce liability were some of the topic discussed. Summary: Using a fact pattern, the presentation illustrated how Materials: Facts, Law divorce and bankruptcy issues are often unavoidably on Presented By: The Congressman Walter Chandler AIC, Washington, DC the table simultaneously. The following key issues were Date: 2/19/1997 discussed: marital assets which are within the province of the bankruptcy court and cannot be distributed; P10552 Executory Contracts for 300 Points marital assets, such as retirement funds, which are not Summary: This enthusiastic program was modeled after the within the province of the bankruptcy court and may Jeopardy game show on TV. The entire Inn was be distributed; effects of the filing of bankruptcy by one divided into three teams. The moderator, as Alex spouse on the other who has not filed; effects of child Trebeck, gave the answers on executory contract support and alimony orders in bankruptcy; collection issues to the teams and then each table had to provide of counsel fees when your client or client’s spouse has the correct “question.” In rotation, each table had the filed bankruptcy and effects of the automatic stay. opportunity to choose the category and then play or Materials: Facts, Documents, Law, Bibliography, Articles, pass. The judges panel gauged whether the correct Questions answers were given. In “final Jeopardy” each team had Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ the chance to bid any or all of its points. Date: 3/10/1998 Materials: Questions Presented By: The Congress Walterman Chandler AIC, Washington, DC P10675 Liens Date: 3/19/1997 Summary: This program discussed the pertinent statutes and applicable cases of attorney’s liens, worker’s compensation liens, medical provider liens, Medicare liens, and ERISA liens. Materials: Facts Presented By: The Richard M. Sangster AIC, San Rafael, CA Date: 10/2/1998

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P10725 Post-Confirmation Issues P10988 When Worlds Collide: DIVORCE & Bankruptcy Summary: The program, presented in a panel discussion format, Summary: The demonstration took the form of a humorous two-act chronologically illustrated the post-confirmation issues skit performed by Inn members. The skit depicted a that arise beginning with the anticipation of the issues ✯ divorce case in which the wife was ill informed and not in drafting a reorganization plan, remedies for plan represented. The husband concealed assets from his defaults, enforcement under 1146(c), conversion attorney and told counsel that both parties had agreed or dismissal and effect of dismissal. The materials to divide certain debts and property. He had already covered both the substantives issues and practice tips. gone secretly to another attorney and filed for bankruptcy Materials: Facts, Questions to avoid paying his portion of debt. The moderator Presented By: The Congressman Walter Chandler AIC, Washington, DC discussed with the audience the effects of bankruptcy on Date: 9/17/1997 a divorce decree and property settlement agreement. Materials: Script, Comments P10729 Fee Issues in Bankruptcy Presented By: The Sam A Crow AIC, Topeka, KS Summary: The program consisted of pupilage team members Date: 3/1/2001 researching various angles on the subject and presenting their findings to the Inn. The topic generated P11124 Torts: Back to Basics numerous questions and comments. Summary: This program focused on the recent ammendment to Materials: Comments, Law the Pennsylvania Comparative Negligence Statute, an Presented By: The Congressman Walter Chandler AIC, Washington, DC ammendment designed to limit a plaintiff’s recovery Date: 11/18/1998 against a jointly and severally liable defendant absent certain conditions. In order to examine the ammendment P10851 Understanding and Analyzing closely, the program was broken into two parts. The first Income Tax Returns part presented a simuilated floor debate, and the second Summary: Members of the pupilage group were each given a part presented a simulated automobile accident. different tax topic to analyze and present at the meeting. Materials: Script, Law, Articles For entertainment value, the individual speakers were Presented By: The Pittsburgh AIC, Pittsburgh, PA segmented by playing a tax-related song. The members Date: 11/21/2002 attempted to name each song for a prize. Materials: Articles, Documents P11327 You Be the Judge Evidence Program Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ Summary: Using a single fact pattern, the program presented four Date: 1/11/2000 separate scenes that addressed the use of witnesses, NEW attorney-client privileges and conflicts of interest in P10919 Chapter 11 Practice Course a bankruptcy case. The debtor attempted to redeem Summary: This yearlong course was a unique educational consumer-related personal property claimed as exempt program. It included a 12-week course on Chapter 11 under the bankruptcy code. At the end of each scene, Practice. During the 12 week-two-hour classes, the 24 the moderator asked the audience specific questions participating students were divided into three practice that in turn generated a lively dicussion amongst all groups who acted as counsel for major parties in members of the audience. Chapter 11 cases. The practice groups were expected Materials: Script, Facts, Law, Questions, Disc to negotiate and draft documents. Presented By: The Moller-Foltz AIC, Houston, TX Materials: Articles, Questions, Facts, Comments Date: 12/1/2004 Presented By: The Honorable John C. Ford AIC, Dallas, TX Date: 1/1/1999 P11328 25 Things You Need to Know to Practice Bankruptcy Law in the Southern District of Texas P10962 Bankruptcy Summary: The program was based on the Jeopardy game show. Summary: This program was about a legendary sports hero, O.J. The program had five topics and five questions in each Sampson. O.J. contemplated moving to Florida thinking NEW topic, and a final question and answer. The program that he could avoid creditors more easily in Florida provided an overview of the basic issues faced by should he file bankruptcy. He also contemplated divorce bankruptcy attorneys in Texas. and wanted to avoid paying his soon to be ex-wife a Materials: Outline, Law, Questions, Handouts, Disc fair amount. He had a California civil judgment against Presented By: The Moller-Foltz AIC, Houston, TX him due to the wrongful death of his first ex-wife, and Date: 9/28/2004 was seeking a means to avoid payment on that, as well. Sampson sought the advice of bankruptcy counsel in an effort to reach his desired ends. Materials: Script, Comments, Bibliography, Law Presented By: The Vassar B. Carlton AIC, Melbourne, FL Date: 11/1/2000

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P11329 Fahrenheit 523 to 727: What You Need to Know C. Family Law About Discharge and Dischargeability Summary: The purpose of this program was to demonstrate how P10029 A Custody Case: Interviewing a Party and the type of bankruptcy case, whether it be Chapter 7, Argument to a Judge NEW 11, or 13, impacted dischargeability issues. Using the Summary: The program involved a custody dispute between spouses plight of the fictional couple Mordecai and Blanche in the process of divorcing. Two scenes illustrated meetings Dubois Jones as a backdrop, the program provided between the parties and their counsel. In both instances, an overview of the banruptcy process, discussed counsel used the power of suggestion to convince the bankruptcy filings, discussed exemptions and client that his/her spouse is unfit. The purpose of the highlighted 727 and 523 issues. program was to demonstrate the limits of suggestiveness Materials: Outline, Script, Facts, Law, Questions, Video and the applicable ethical issues. Presented By: The Moller-Foltz AIC, Houston, TX Materials: Facts, Script Date: 10/26/2004 Presented By: The Charles Fahy AIC, Washington, DC Date: 2/3/1988 P11330 Dueling Leverage: Texas Hold ‘Em at the Cash Collateral Corral P10152 Lies, Delusions, and Treachery Summary: The overall objective of the program was to show the Summary: The program focused on the legal and ethical issues legal and business ramifications of various negotiating an attorney confronts when representing a client who NEW positions taken by constituent groups in a large Chapter ✯ fails to comply with a domestic violence injunction and 11 case. Using a multi-scene skit, the program revealed represents a danger to the client’s spouse. how the parties could find common ground by agreeing Materials: Facts on the use of cash collateral and debtor-in-possession Presented By: The Justice William Glenn Terrell AIC, Tampa, FL financing for the debtor. The material also included a Date: 1/12/1993 list of terms used in the presentation. Materials: Outline, Script, Facts, Law, Video P10233 New Rules Governing Presented By: The Moller-Foltz AIC, Houston, TX Matrimonial Practice in New York Date: 2/23/2005 Summary: The Inn examined the newly implemented rules concerning matrimonial practice in New York. A skit was P11331 What’s My Line? presented that explored the consequences of attorneys’ Summary: The overall objective of this program was to show the developing sexual relationships with clients. The Inn legal and business ramifications of pre-bankruptcy discussed the increased regulation in this area of NEW planning. The pre-bankruptcy planning included an matrimonial practice. analysis of the eligibility to file, where to file, when Materials: Facts, Script, Law to file, and a discussion of avoidable transfers and Presented By: The New York County Lawyers’ Association AIC, New exemptions. The format included a three-person panel York, NY that was asked a series of questions and the moderator Date: 4/28/1994 selected a team to determine which panelist gave the correct answer to the question. P10254 What Should Happen to Baby Jane? Materials: Script, Facts, Law, Questions Summary: The program dealt with adoptions and child custody. Presented By: The Moller-Foltz AIC, Houston, TX A hypothetical fact pattern, loosely based on the Baby Date: 3/16/2005 ✯ Jessica case, served as the context for an exploration into this distinct area of family law. P11340 Conflicts of Interest in Bankruptcy Cases Materials: Law, Articles Summary: The purpose of this program was to illustrate conflict Presented By: The Chicago AIC, Chicago, IL of interest issues that face bankruptcy attorneys. Using Date: 11/1/1993 NEW a PowerPoint presentation, the program presented a series of fact patterns, and then prompted the audience to answer a series of questions about multiple debtors, uninsured creditors’ committees, and debtor and guarantor conflicts of interest. Materials: Facts, Questions, Disc Presented By: The Moller-Foltz AIC, Houston, TX Date: 1/26/2005

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P10385 Determining Real Income Based on P10503 Mediation & Arbitration K-1 and Other Tax Analysis Summary: This program, using a three-part scenario, examined the Summary: This program used a full theatrical presentation that preparation of a client for a family law mediation. Issues examined several options in evaluating a defendant’s covered in the program were the propriety of preparing a real income. The presentation consisted of two parties, client who did not participate in an active fashion during a husband and wife, still married but recently separated the mediation, the difficulty of preparing a client when and parents of one son. The husband failed to taking medication that may inhibit their ability to function accurately disclose disposable income and is suspected normally, and the propriety of having a friend or other of sheltering income through his various businesses. individual come into the mediation session with the client. The plaintiff’s attorney sought to obtain the defendant’s The program concluded with a case law update with accurate annual income so that responsibilities to his regard to mediation and arbitration. family may be determined. Materials: Facts, Documents, Bibliography Materials: Facts, Bibliography, Documents, Script Presented By: The Family Law AIC of Tampa, Tampa, FL Presented By: The Honorable John Stively, Jr. AIC, West Chester, PA Date: 3/20/1996 Date: 11/28/1995 P10514 Juvenile Thoughts on Crimes, Competency, P10396 Post-Dissolution Visitation Conflicts and Compensation Summary: This program, by way of a short skit, examined problems Summary: This program addressed the controversial issues of faced by a separated couple in regards to the visita- defending or prosecuting a juvenile. The presentation tion rights of the husband and the non-compliance of a ✯ addressed matters such as the charging of ten year court-order by the wife. A question and answer period old children with crimes of murder and difficulties of followed the skit presentation. Guidelines on shared representing children in domestic relations cases. The parental responsibility, recommended by a committee in presentation consisted of three acts which identified the Twelfth Circuit. This Inn invited the co-author of these several problems within a particular area of juvenile law. guidelines to provide expert testimony during the skit Act I explored the problems associated with the prosecu- presentation and to answer questions from the Inn. tion of children in the juvenile justice system. Act II Materials: Facts, Questions, Documents, Law explored some of the possible problems associated with Presented By: The Family Law AIC of Tampa Bay, Tampa, FL civil suits for personal injury on behalf of juveniles. Act III Date: 10/19/1995 illustrated a dispute between the mother and the father of a child in a domestic relations setting. P10398 Ask the Legal Wizard Materials: Facts Summary: This program presented ten factual scenarios involving Presented By: The Anthony M. Kennedy AIC, Sacramento, CA child support issues. Inn members were divided into Date: 9/17/1996 teams and presented with a scenario. Following a brief discussion period, the group called upon the “Legal P10597 Domestic Law—Do Not Attempt This Wizard” to announce the law pertaining to that scenario. on Your Own—Hire an Expert Materials: Facts, Questions, Law Summary: The program featured a family law skit wherein the wife, Presented By: The Family Law AIC of Tampa, Tampa, FL with two teenage children, was served with divorce Date: 1/17/1996 papers after fourteen years of marriage. The husband was accused of having an illicit affair. The presenta- P10498 To Give or Not to Give: tion focused on the division of marital and non-marital A Question of An Anatomical Gift assets, child support, alimony, and adultery. Summary: This program presents three vignettes that examined Materials: Facts, Articles, Documents legal issues raised related to organ donation. Potential Presented By: The Vassar B. Carlton AIC, Viera, FL causes of action for nonconsensual acts performed Date: 11/5/1997 on the decedent, and pending legislation that would amend the D.C. Anatomical Gift Act to allow hospital P10615 Motion for Pendente Lite Support staff more time to preserve organs from a deceased Summary: Two pupilage groups were assigned to represent a person while they obtain proper consent were also husband and wife in a custody suit. The group represent- issues this program addressed. ing the wife served a motion for temporary custody, Materials: Facts, Script, Documents, Law, Articles, Bibliography, alimony, and support. Three sitting family court judges Comments were invited to hear and decide the motion. Presented By: The Charlotte E. Ray AIC, Washington, DC Materials: Facts, Documents Date: 12/14/1995 Presented By: The New Jersey Family Law AIC, Glen Ridge, NJ Date: 2/17/1998

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P10618 Stop the Violence! P10656 Family Law Evidentiary Issues Summary: This program explored the legal, procedural and Summary: The program addressed several current evidentiary human ramifications of domestic abuse. The presenta- issues that may pose special problems for the family tion concerned the difficult policy choices confronting law practitioner. Topics included judicial notice judges, prosecutors and lawmakers when the accused of publications, stock market quotes, out of court is a family member (and breadwinner) and the victim statements by children, children’s testimony, tape is a reluctant witness. A panel of role-playing experts recordings, police reports, documentary evidence, addressed questions about the procedures and marriage counselor reports/testimony and proffers and substantive issues regarding a hypothetical fact pattern. statements against interest. Materials: Facts Materials: Articles, Facts Presented By: The New York County Lawyers’ Association AIC, New York, Presented By: The Family Law AIC of Tampa, Tampa, FL NY Date: 1/7/1998 Date: 12/16/1997 P10662 Domestic Violence P10624 Post-Graduate Family Law Litigation Course Summary: The program, based on a domestic abuse factual Summary: This program was a post-graduate family law litigation pattern, considered the following questions: Should course for lawyers with less than five years practice the wife pursue the entry of the final order under experience. The course consisted of a presentation the Domestic Violence statute in light of the fact the on business valuation, effective advocacy, and partici- husband would then be dismissed from his position pation by the learner in presenting a case by way of as a police officer? If the wife were successful in her telling a story. The course culminated in a trial before a court application, would she be able to compel support sitting judge who offered constructive criticism on each from the husband? Would negotiations toward civil participant’s advocacy. restraints be feasible and perhaps a preferable alterna- Materials: Facts, Law, Articles, Bibliography tive for each of the parties? Could the testimony of Presented By: The Canakaris AIC, Clearwater, FL the neighbor who overheard the “commotion” and saw Date: 7/6/1998 the unidentified car outside of the home be admitted on the husband’s behalf? What evidentiary testimony P10637 “As the Ethics Turn:” was necessary to get the court file photos of the wife’s Ethical Dilemmas Faced by Practitioners injuries admitted into evidence? Summary: The program followed the ethical concerns of a law Materials: Facts, Documents firm representing a doctor in a divorce settlement. The Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ doctor wanted the firm to aid in hiding his assets from Date: 1/13/1998 opposing counsel and falsifying affidavits to his benefit. The firm battled the ethical sides of the case to decide P10665 Joint Custody, Domicile Restrictions and whether to keep the physician as a client. Visitation Orders from the Perspective Materials: Facts, Law of the Mental Health Profession Presented By: The Charlotte E. Ray AIC, Washington, DC Summary: The demonstration addressed the issue of reloca- Date: 11/19/1998 tion in a custody suit. A formal presentation panel discussion, featuring four local psychologists, focused P10655 The Demise of Mize: Statutory Changes in on psychological considerations the attorney should F.S.A. 61.13-Reworking Mize Presumptions address: evaluating psychological research and tests, Relative to Relocation of Custodial Parents coordination between the psychologist and lawyer, and Summary: The program began with a brief review of Mize v. Mize concerns about spiraling litigation costs. and the legislative history behind the case. A factual Materials: Facts, Law scenario was presented to examine the legal factors Presented By: The Houston Family Law AIC, Houston, TX involved in cases dealing with the relocation of a Date: 9/18/1997 primary residential parent. Materials: Script, Articles, Law P10680 Mock Trial Presentation—Custody Dispute Presented By: The Family Law AIC of Tampa, Tampa, FL Summary: This program set up a final hearing in a disputed Date: 10/8/1997 paternity custody case involving two minor children. The mock trial included opening arguments, examination of their own party, cross-examination of opposing party and witness, and closing arguments. Materials: Facts Presented By: The Florida Family Law AIC, Jacksonville, FL Date: 10/8/1998

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P10694 Family Violence—Is it Your Business? P10871 Othello as a Vehicle for Summary: The program explored various aspects of domestic Discussing Domestic Violence violence through a series of skits. Scene one Summary: After reviewing selected portions of the play, the demonstrated two individuals that overheard an incident pupilage group extracted the domestic violence aspects of domestic violence but failed to respond to it. Scene into contemporary themes. The program included an two illustrated the dilemma faced by prosecutors when the incisive look into the problems uniquely faced today by victim is unwilling to press charges against the assailant. victims of domestic abuse. Scene three addressed how to counsel either the victim Materials: Script, Questions, Articles or the batterer. Scene four illustrated the preparation of Presented By: The J. Dudley Digges AIC, Baltimore, MD a “shaky” defense expert. Scene five introduced psycho- Date: 2/24/2000 logical analysis of the impact upon children of domestic violence. The final scene featured closing arguments. P10901 The Travails of Henry VIII Materials: Script Summary: This presentation put King Henry VIII on trial in two Presented By: The Anthony M. Kennedy AIC, Sacramento, CA different settings. The first hearing demonstrated the Date: 10/21/1997 ✯ issues presented in seeking temporary relief from the court if violence had occurred in a domestic matter P10765 Attorney Misconduct and Lying Clients (Temporary Protective Order). The second presented Summary: Several scenes were performed revolving around issues relating to marital torts outside the divorce case. a domestic relations matter, including a dissolution Anne Boelyn was chosen as the wife most aggrieved of marriage action, injunction for protection against and she brought the first petition to obtain a temporary domestic violence action and criminal violation of protective order as King Henry was given to rages. The the injunction. The team presented several issues of staged hearing was preceded by a jester interlocu- attorney misconduct throughout the scenes. tor who introduced the case, explained some of the Materials: Script, Facts, Questions history, and generally ran the program. A handout was Presented By: The Vassar B. Carlton AIC, Viera, FL provided to set the time period and put the characters Date: 9/1/1999 into context. The jester then set the stage for Act II, a summary judgment hearing on marital torts claims P10805 Domestic Violence Law of New Jersey and defenses. Testimony was allowed to prove up the Summary: The program outlined a detailed and in-depth presentation case for the beheading of the queen by the executioner. on domestic violence laws in the state of New Jersey. The Following arguments, the court made its ruling. program includes a multitude of slides to aid in the presen- Materials: Script, Articles, Bibliography tation, along with a book written by the original speaker. Presented By: The Charles Longstreet Weltner Family Law AIC, Materials: Articles, Bibliography Atlanta, GA Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ Date: 4/11/2000 Date: 2/9/1999 P11011 Issues in Family Law P10809 Handling Gender Bias in Your Practice Summary: This program was a courtroom presentation of a family and in Family Law law hearing for temporary support orders. The court Summary: After a brief presentation on the findings of the Texas determined that the waiver of spousal support contained Gender Bias Task Force, the program discussed the ways in the premarital agreement was unenforceable. in which gender bias can evidence itself through the aid Materials: Script, Facts, Law of some videotaped skits. The program concluded with its Presented By: The Lawyers’ Club of San Francisco AIC, breakdown of a gender bias questionnaire completed by San Francisco, CA the Inn members prior to the presentation. Date: 10/19/2000 Materials: Questions, Video Presented By: The Burta Rhoads Raborn Family Law AIC, Houston, TX P11023 Who Wants To Be A Date: 2/18/1999 Matrimonial Attorney Millionaire? Summary: This program was patterned after the television show, P10848 How to Try a Family Court Case Effectively Who Wants To Be A Millionaire? Questions were asked Summary: The program functioned as a step-by-step guide relating to the practice of family law in the state of New through a portion of a typical family law trial with useful Jersey. Members were divided into four teams consist- tips and advice from top litigators. A fact pattern ing of equal numbers of judges, masters, barristers involving a psychologist and a real estate advisor was and associates. Each team was asked to select an presented. Several lawyers then performed the direct associate to represent their team in answering the and cross-examinations of those involved. questions. Materials: Facts, Articles Materials: Script, Comments, Questions, Law Presented By: The Edward P. Gallogly AIC, Providence, RI Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ Date: 3/25/2000 Date: 10/10/2000

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P11034 Mrs. Soffel’s Divorce P11180 Crash and Burn, Marriage on the Rocks Summary: An actual case formed the basis of this program, which Summary: Legal issues adressed by this program include civil and focused on the significant changes in Pennsylvania criminal liability arising from an automobile accident divorce law over the last 100 years. Kate Soffel, the involving a drunk driver and family law issues arising wife of county jail warden Peter Soffel, fell in love with a from matiral and extramarital relations between the convicted killer and helped him to escape from the jail. drivers and passengers. The couple was caught a few days later. The convict, Materials: Script, Facts, Law, Handouts Jack Biddle, died of wounds received while being Presented By: The Robert G. McGrath AIC, Martinez, CA captured. Mrs. Soffel returned in disgrace to Pittsburgh, Date: 10/10/2002 was convicted of aiding and abetting the escapee, and served 20 months in the Western Penitentiary. Upon P11192 Unified Family Court Showcase her release, she was divorced by her husband. The Summary: The focus of the programs was to demonstrate how the program initiated discussions on the benefits inherent Florida Unified Family Court System works. The Unified in the current no-fault divorce system versus the fault Family Court was developed by Circuit Judge, and former system in place at the turn of the last century. D.R. Smith Inn of Court President, Raymond T. McNeal. Materials: Script, Facts, Bibliography, Articles, Documents, Law The Programs seeks to unify the related areas of dissolu- Presented By: The Matrimonial AIC CLXXII, Pittsburgh, PA tion, dependency, domestic violence and adoption before Date: 10/29/2001 a single court. The local Inn program was presented in the style of musical theatre and used four separate scenes to P11038 Who Wants To Be a Millionaire? demonstrate how the unified system works. Summary: This program tested attorneys on their knowledge of Materials: Script, Articles, Law matrimonial law and provided informative and complete Presented By: The D. R. Smith AIC, Ocala, FL answers in a game-show format. This presentation was Date: 11/21/2002 created in a PowerPoint program. Materials: Script, Questions P11205 Mom Mom and Pop Pop, Presented By: The Northern New Jersey Family Law AIC, Why Don’t I See You Anymore? Hackensack, NJ Summary: The program addressed the issue of grandparent visita- Date: 2/19/2002 tion right in light of the United States Supreme Court decision in Troxel v. Granuelle, the recent New Jersey P11123 Ethics & Trusts: Osbourne Style decision Moriartiy v. Brandt, and the New Jersey statute Summary: This presentation focused on the area of Estates and on the issue. A local forensic psychologist discussed Trusts. It explored the issues of living trusts, role of his role in such application, which was followed by a trustees, undue influence, competency and attorney-client Q & A on that issue. The Inn was presented with two privilege in the context of an Osbourney family-style hypothetical situations, and they discussed the issues scenario. The program used scripts from the MTV show of 1) the need for experts in grandparent visitation as a foundation for the legal arguments which followed. cases 2) the effects of Troxel and Moriarity and the Materials: Script, Law, Articles, Handouts need for expert testimony 3) burden of proof issues Presented By: The Pittsburgh AIC, Pittsburgh, PA and the overall effect of Moriarity on all such visitation Date: 1/16/2003 applications in New Jersey. Materials: Outline, Documents, Facts, Law, Handouts P11156 Listen, (Doo Wah Doo), Do You Want Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ to Know A Secret?: When Winning Date: 1/13/2004 Isn’t Everything, It’s the Only Thing Summary: This program was designed to highlight ethical and P11219 Cohabitation and Alimony: legal dilemmas encountered in representing a minor Bob + Carol + Ted + Alice + Sam + Sue ✯ in a controversial civil action, using the decision in Summary: This program, presented in a court room setting, Newdow v. U.S. Congress as a backdrop The discus- explores the issue of cohabitation and its effect on sion following the skits sparked a lively debate on alimony using the factual scenario, but changing facts. issues ranging from problems reprsenting clients in The discussion of the program also adressed such unpopular causes to how a judge should deal with issues as the burden of proof, freedom to associate, anonymous threats. economic dependence, absolute termination and the Materials: Outline, Script, Law, Articles, Comments drafting of settlement agreements. The attrneys argued Presented By: The Anthony M. Kennedy AIC, Sacramento, CA their positions on each of the issues, and after the Date: 10/15/2003 segement, a Master led the general discussion with the membership. Materials: Outline, Script, Documents, Handouts Presented By: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ Date: 3/9/2004

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P11231 All in A Family P11313 Kids and Lawyers Summary: This program dealt with the evolution of domestic Summary: The program addressed the special ethical and partnership legislation. Using the television program All practical issues that lawyers face when they represent in the Family as a framework, the program examined NEW minor children. The program presented the issues the impact of U.S. Supreme Court cases on domsetic through a skit about a custody hearing. After the partnerships and same-sex marriages throught the presentation, the moderator led a discussion and made United States. The skit was followed by a general the transition from the end of the scene to the alterna- discussion with the audience. tive ending for the scene. Materials: Script, Articles, Documents, Law, Handouts Materials: Script, Law Presented By: The Earl Warren AIC, Oakland, CA Presented By: The D. R. Smith AIC, Ocala, FL Date: 11/19/2003 Date: 3/17/2005

P11244 Civil Unions and Same-Sex Marriages D. Insurance Law Summary: This program was a summary of the development on the issues of civil union and same-sex marriages since P11195 Insurance Bad Faith the 1993 Hawaiian Supreme Court decision. It featured Summary: This demonstration used facts taken from a case tried a debate on the pros and cons of gay marriage, a moot in Luzerne County (PA) in 2001, titled Holock v. Erie court argument before the U.S. Supreme Court with three Insurance Exchange. In that case the trial judge wrote arguments in favor and three against. The programs does an eithy-nine page decision, with 106 findings of fact. a good job dealing with a current topic and keeps the The judge found that the insurer had acted in bad faith audience involved with the moot court format. and in violation of 42 Pa. C.S.A. sec. 8371. All members Materials: Articles, Documents, Handouts of the pupilage team familiarized themselves with the Presented By: The University of Pittsburgh Law School AIC, facts and developed a dialog showing the interactions Pittsburgh, PA between the plantiff’s attorney, the insurance adjuster, Date: 3/11/2004 the insurnace supervisor and other concerned parties. The program used a narrator to set up each scene. P11257 Ethical Jeopardy Materials: Script, Facts Summary: The legal focus of this program was to provide Presented By: The Guy G. DeFuria AIC, Media, PA attorneys ethics with an education in an entertaining Date: 3/1/2003 NEW format. This entertaining format also help to generate a good group discussion. The material was a general P11215 Private Lives: HIPPA and You—The Health overview, but did include several questions on problems Insurance Portability and Accountability Act and dilemmas faced by family law attorneys. The Summary: The program focused on the practical and day to day format of the program was adapted from the television aoolicability of HIPPA to patients, physicians, hospitals, show Jeopardy and used a PowerPoint presentation to medical providers and attorneys engaging in litigation represent the board and the questions. involving health care providers and medical reocrds of Materials: Outline, Law, Questions, Handouts patients. The discussion touched upon the difference Presented By: The Annette Stewart AIC, Dallas, TX between permissible and impermissible disclosures, Date: 3/23/2004 and potential solutions and possible remedies. The disuccsion also covered how far HIPAA extends and P11306 Greed, Gold Diggers & The Golden Years who it covers. The script for this program was based Summary: The primary focus of this program was on the civil and loosely on events that occurred at a Beaver Valley Mall criminal implications of taking financial and emotional Chi-Chi’s restaurant. ✯ advantage of a senior citizen. The program also raised Materials: Script, Documents, Facts, Law, Questions, Handouts issues such as when conservatorships are appropri- Presented By: The Univeristy of Pittsburgh School of Law AIC, NEW ate; which individuals are appropriate to be appointed Pittsburgh, PA conservators, and what factors the court should Date: 12/11/2003 consider when confronted with competing conservatorship petitions. The program addressed these issues using the familiar tale of Little Orphan Annie and Daddy Warbucks. A little Anna Nicole Smith flair was added to make it more interesting. The program also dealth with such ethical issues as dual representation and unlicensed and incompetent counsel, and the requirments for obtaining a civil harassment restraining order. Materials: Script, Articles, Documents, Law, Handouts Presented By: The Earl Warren AIC, Oakland, CA Date: 11/17/2004

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P11268 Own a Piece of the Rock P10250 Who Was Abe Lincoln and What Did He Know? Summary: This program involves a civil action against a mortgage Summary: The pupilage team relied on the Abe Lincoln quote, “It broker for defamation. In that litigation, malpractice and is as much the duty of government to render prompt NEW various violations of the Rules of Professional Conduct justice against itself, in favor of citizens, as it is to ensused when the broker’s attorney and her insurance administer the same, between private individuals” as adjuster controlled the litigation without consulting the basis for its program. A hypothetical was presented the client. The program included an accompanying that explored the conflicting roles and duties of counsel PowerPoint presentation and also incuded a discussion for administrative agencies. period after each act of the skit. Materials: Script Materials: Script, Facts, Law, Questions, Handouts, Disc Presented By: The Prettyman-Leventhal AIC, Washington, DC Presented By: The University of Pennsylvania Law School AIC, Date: 11/8/1993 Philadelphia, PA Date: 3/16/2004 P10253 Disclosure of Federal Government Information: Freedom of Information and Subpoenas P11310 Sympathy for the Adjuster: Summary: The program focused on the use of FOIA requests to When Non-Lawyers Call the Shots obtain valuable discovery information from government Summary: This program was designed to highlight the ethical and sources. A skit was presented that involved a fictional legal dilemmas faced by insurance company defense U.S. Corporation’s attempting to obtain U.S. Customs NEW counsels, arising out of the dual attorney-client relation- information. The Inn held a discussion that addressed ship with the insured and the insurance company. In an the effectiveness of approaching administrative increasing number of cases, the attorney’s exercise of agencies with FOIA requests. independent professional judgment has been replaced Materials: Facts, Law with complex software programs that dictate to the Presented By: The Prettyman-Leventhal AIC, Washington, DC adjuster how much a case is worth. Often the adjuster, Date: 5/9/1994 rather than the attorney, decided what discovery would be undertaken and what the trial strategy would be. P10316 The Establishment of an Administrative Body This trend raised the question of whether policyholders to Prevent Future Major League Strikes, Labor are disadvantaged because their attorney has divided Impasses & Lockouts: Home Run or Strikeout? responsibility and reduced control over the outcome of Summary: The three-part demonstration examined some of the the case. reasons for and against creating an administrative body and Materials: Outline, Script, Law what essential role they serve in our system of government. Presented By: The Anthony M. Kennedy AIC, Sacramento, CA The first portion of the program was interviews with various Date: 9/21/2004 interested parties. The second was a debate for or against the formation of an administrative body consisting of a panel E. Administrative Law of Inn members, and the third portion of the program was an interactive discussion with Inn members and a vote on the P10229 Procedure and Role of Counsel debate. A hypothetical Senate Bill and discussion questions During an NLRB Investigation are included in the materials. Materials: Facts, Documents, Articles, Bibliography Summary: The program was designed to provide practitioners who Presented By: The Prettyman-Leventhal AIC, Washington, DC do not regularly practice before the NLRB with enough Date: 11/14/1994 information and guidance to advise a client competently during the investigation of a charge, either as the party filing a charge or the party against whom the charge is P10382 Administrative Discharge for Homosexuality filed. A detailed labor law fact pattern was provided for Summary: This program follows an administrative discharge participants to use as practice before a mock NLRB trial. for homosexuality from the initial complaint to the Materials: Facts, Documents, Law administrative discharge hearing. The program began Presented By: The Sidney Reitman Employment Law AIC, with a command intelligence officer consulting an Morristown, NJ officer/attorney about his peers who have been Date: 3/8/1994 teasing him about being a homosexual and possibly filing a complaint against them. An officer/attorney advises a commanding officer on the proper procedure for launching an investigation on the allegations of homosexuality, what will and will not be admissible at the hearing, and what and who can be investigated to establish if the intelligence officer can be discharged. A discussion followed the presentation. Materials: Facts, Questions, Script Presented By: The Judge Advocates Association AIC, Washington, DC Date: 1/1/1995

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P10414 Privatization of Government Agencies— P10425 Recent Decisions of the United States What Is the Federal Interest? Supreme Court Summary: This program examined how shifting from a govern- Summary: This program, presented in lecture format, gave an ment agency to a private corporation can impact the extensive summary of the important decisions of legal process on which people rely, administrative law the last term of the United States Supreme Court. with a government corporation. A skit with three acts The decisions were divided into eleven categories, examined numerous issues of the impact of shifting which included Fourth Amendment issues, statutory to government corporations on administrative practice interpretation, equal protection and affirmative action, and law. Each act concluded with discussion questions. and punitive damages. An Inn discussion followed the This Inn invited an expert from the National Academy lecture presentation concerning the decisions that of Public Administration to offer comments and answer are expected to have the most dramatic effect on the questions from the Inn. United States of America. Materials: Questions, Script, Bibliography Materials: Facts, Bibliography Presented By: The Prettyman-Leventhal AIC, Washington, DC Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Date: 10/23/1995 Date: 9/18/1995

P10420 Getting It In and Keeping It Out: P10426 California Civil Rights Initiative Direct & Cross-Examination Summary: This program, presented in lecture format, examined Summary: This program concerned the examination of govern- an initiative that will be presented to California voters ment witnesses. A hypothetical was presented that in November 1996 which, if passed, will amend the involved a Congresswoman, a known advocate on State Constitution so the state and its political subdivi- behalf of all anti-smoking interests, and a lawyer- sions will no longer be able to discriminate against, or lobbyist who represented R.J. Reynolds and Phillip grant preferential treatment to any individual group in Morris on a variety of issues before the U.S. Congress, the basis of race, sex, color, ethnicity, or national origin who became involved in a personal relationship. After in the operation of public employment, education or their relationship was exposed, the Public Corruption contracting. Section of the U.S. Attorney’s office initiates a grand Materials: Facts, Articles, Documents, Law jury investigation. Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Materials: Facts, Documents, Law, Articles, Comments Date: 1/17/1996 Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 9/20/1995 P10482 Alice in Statutory Land: A Musical in One Act Summary: This musical followed sweet Alice as she attempted P10422 Attorneys on Trial to get her statute fixed in Statuteland, a maze of Summary: This program examined recent changes in the investi- confusing and conflicting statutes. Discussion gation and prosecution of attorneys for conduct related afterwards focused on the importance of statutory ✯ to their representation of clients. A discussion on construction and criticism of methodology. recent cases, policies issued by the Department of Materials: Script, Questions Justice regarding subpoenas, and search warrants Presented By: The Willamette Valley AIC, Salem, OR against attorneys and issues relating to joint defense Date: 11/20/1997 agreements led into a short skit concerning a pre- grand jury interview of the Chief Financial Officer of P10698 The Smudge, The Fudge, The Judge: a company being investigated by the IRS and U.S. Administrative Lawyers and Judges Attorney’s office for filing false tax returns and making Summary: The three-part program addressed the issue of forbidden sales to foreign governments. administrative lawyers and judges as specialized Materials: Facts, Documents, Law, Articles, Bibliography experts. “The Smudge” examined the various profes- Presented By: The Edward Bennett Williams AIC, Washington, DC sional and ethical issues that arise when lawyers Date: 1/18/1996 advertise and solicit business as specialists through business cards or Internet web pages. “The Fudge” involved a brief skit highlighting malpractice issues. “The Judge” explored whether administrative law judges should be specialists. Materials: Script Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 11/10/1997

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P10699 Agency Rulemaking Versus Guidance P10821 Post Trial Blues: An Examination of the Summary: Using the McLaughlin Group format, this presentation Frustrations of the Administrative Process focused on the legal distinctions between agency rules Summary: This program illustrated the frustrated thoughts that and agency guidance. After the issue was debated, the occur after a negative experience with the administra- moderator sought audience reaction and debate. tive process through a series of soliloquies. Each role Materials: Script was designed for a different participant of the process Presented By: The Prettyman-Leventhal AIC, Washington, DC and expressed his or her frustrations resulting from the Date: 1/12/1998 denial of benefits for a Gulf War veteran. Materials: Script P10700 Temptations: Fables For Hard Times Presented By: The Prettyman-Leventhal AIC, Washington, DC Summary: Three fables were presented to illustrate ethics issues Date: 1/11/1999 raised by the relatively recent phenomenon of hiring ✯ lawyers as temporary employees. Fable one involved P10822 Environmental Justice the problem of positional conflicts wherein a lawyer Summary: This program examined the intersection between presented contradictory legal interpretations in succes- civil rights and environmental law. It was designed sive matters before the same tribunal. Fable two to educate the audience about the use of these two illustrated the responsibility of a subordinate lawyer, areas of law to stop the construction of environmentally even a temp, to report a known misconduct by a damaging projects in areas populated by protected superior. Fable three considered the responsibilities of classes under the civil rights law. individuals involved in a lawyer-hiring transaction. Materials: Script Materials: Script, Articles, Facts Presented By: The Prettyman-Leventhal AIC, Washington, DC Presented By: The Prettyman-Leventhal AIC, Washington, DC Date: 3/3/1999 Date: 2/9/1998 P10839 Trial of Automobile Accident Case P10701 Eddie Fenton’s Dilemma: Summary: This was a six part program based around a trial of an Resolution of Interagency Conflicts automobile negligence case in which a single vehicle Summary: The demonstration identified the legal and policy issues went off the road and crashed into a tree. The program associated with conflicts between one or more federal was designed to provide the pupils in the Inn an agencies. The presentation highlighted the following opportunity to perform an opening, an examination of a issues: how conflicts develop between agencies, witness, or a summation. the legal and policy mechanisms for resolving such Materials: Documents, Script, Facts conflicts, ethical issues arising from contacts between Presented By: The Worrall F. Mountain AIC, Morristown, NJ external parties and agency officials, and ex parte Date: 11/1/1998 issues surrounding the development and promulgation of the standards. P11144 I Love Rent Control Materials: Script, Articles, Facts Summary: This program was developed because rent control is Presented By: The Prettyman-Leventhal AIC, Washington, DC an issue many of the jurisdictions in the Bay Area have Date: 3/9/1998 addressed by adopting some form of rent control. The patchwork of conflicting state and local legislation on P10727 Motions Affecting Property Rights this topic made it a good subject for this program. The Summary: This program instituted a panel discussion of format of the skit follows from the perennial landlord- issues concerning property rights. The participants tenant relationship of the Ricardos and the Mertzes as represented a wide range of expertise, thus eliciting seen on the television show I Love Lucy. free and rapid questions from the audience. Materials: Outline, Script, Articles, Facts, Law, Handouts Materials: Documents, Comments Presented By: The Earl Warren AIC, Oakland, CA Presented By: The Congressman Walter Chandler AIC, Washington, DC Date: 1/15/2003 Date: 4/15/1998

P10728 Jurisdiction—Removal, Withdrawal of Reference, Remand and Abstention Summary: The program was presented in three units: Removal and Remand, Abstention, and Mandatory and Permissive Withdrawal of the Reference. The presenters asked questions to the audience that sought participants to share both their expertise and experience with the other members of the Inn. Materials: Articles, Comments, Documents Presented By: The Congressman Walter Chandler AIC, Washington, DC Date: 4/15/1998

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P11251 Total Recall: California Under the Big Top P10723 Dorothy, You’re Not In State Court Anymore Summary: This program focused on the various legal issues Summary: This program demonstrated the differences between associated with California’s recall election, including: 1) practice in State and Federal court. The mock trial took ✯ whether the recall prcoess was appropriate absent of the ✯ place in the Land of Oz, where Dorothy was being sued Governor’s illegal activity, malfeasance or incompetence; for the wrongful death of the Grisella, the wicked witch. 2) whether an election to replace the recalled Governor Since the Land of Oz had no laws, the Wizard, sitting violated California’s Constitution which provides that any in as the trial judge, entertained arguments on whether vacancy of thr Governor’s office be automatically filled State or Federal law should be followed for resolving by the Lieutenant Governor; 3) whether anyone who numerous issues raised during the course of the trial. secured the required signatures and paid a registra- Materials: Law, Script, Articles tion fee was eligible to run for office; 4) whether the Presented By: The William P. Gray Legion Lex AIC, Santa Ana, CA circumstances of the recall election violated the 1965 Date: 6/1/1998 Voting Rights Act because there was not enough time to guarantee a fair election. The issues were addressed P11077 Systems of Civil Law Around the World throught interviews with the Governor and six of the Summary: This presentation compared legal systems around the more “colorful” declared candidates. world and how they would resolve a simple tort such Materials: Script, Articles, Documents, Law, Handouts ✯ as a bicycle accident. A bicycle accident was acted out Presented By: The Earl Warren AIC, Oakland, CA and followed with legal responses from Iran, China, Date: 9/17/2003 France, and the United States. Participants debated whether the U.S. legal system was truly the best to F. Comparative Law address the needs and interests of the parties. Materials: Script, Articles, Law P10255 How Civil and Criminal Matters Would Be Presented By: The Owen M. Panner AIC, Portland, OR Handled by Other Countries’ Judicial Systems Date: 2/12/2002 Summary: The presenting team invited several foreign judges living in the Washington, D.C. area to attend the Inn P11145 A History of the English Inns of Court, meeting and participate on a discussion panel. The the American Inns of Court and judges were given common American hypotheticals to the Temple Inn of Court consider and were asked to explain how their home Summary: This program is an entertaining discussion of the judicial systems would decide the disputes. history of the English and American Inns of Court Materials: Facts movement. It also includes a discussion of the history Presented By: The Montgomery County AIC, Montgomery County, MD and the founding of the Temple American Inn of Court. Date: 4/12/1994 There is no script for the program so the use of the videotape is required. The tape does show various P10484 Britain v. U.S.—Libel Law Litigation props and charts used during the program. on Both Sides of the Pond Materials: Video Summary: This was a series of three programs that involved Presented By: The Temple AIC, Philadelphia, PA comparative analysis of the differences in the practice Date: 9/18/2002 of law between the United States and Britain with respect to discovery and trials in general and the P11270 The Russians Are Coming… substantive area of libel law. The first program, the Summary: This program was presented simply with a small group English demonstration, consisted of three videotaped of Russian judges, in arrangement with the Open World segments presented by two English Barristers. The NEW program of the Library of Congress, and a moderator second involved a live demonstration by American who called on team members to pose previously lawyers in the same situation as their English counter- discussed questions to the visiting Russian judges. The parts presented in the videotape. The third program program team met with the judges in advance to cover involved a panel discussion/debate on the English and areas of interest. The program was treated as a conver- American judicial systems and the advantages and sation with the judges, and after the prepared questions, disadvantages of each. the floor was opened to questions from the audience. Materials: Facts, Script, Documents Materials: Facts, Questions Presented By: The Richard S. Rodney AIC, Wilmington, DE Presented By: The Louis M. Welsh AIC, San Diego, CA Date: 2/19/1997 Date: 9/23/2004

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P11290 Trading Places: A Glimpse into the Practice of P10488 The Saum Case: Jurisdiction in Federal Court Law Across the Pond for Female Cadet Claiming Sexual Harassment Summary: The focus of this program was to highlight the differ- During POW Training ences between modern American and British systems Summary: The program was based on the lawsuit of a female cadet NEW of law. The program demonstrates the major differences against the Secretary of the Air Force for sexual harass- in civil and criminal proceedings. It also looks at histori- ment during survival training. To adequately evaluate the cal aspects of the British system, including: solicitors, scenario, the case was broken down into three phases. barristers, the wigs and robes, and the Inns of Court. The pre-trial phase analyzed the initial interview and The differences are represented in the two systems subsequent decisions. The motions phase dealt signifi- by using a plot that involves an American judge who cantly with the Federal Tort Claims Act and discussed the is arrested in England and accused of assaulting a “Feres Doctrine.” The final phase, what happened after member of the Royal Guard at Buckingham Palace. the ruling, consisted of personal communications with the Materials: Script actual supervising judge in the settlement negotiations Presented By: The Pittsburgh AIC, Pittsburgh, PA and with Saum’s attorney. Date: 1/20/2005 Materials: Facts, Documents Presented By: The Judge Advocates Association AIC, Washington, DC P11315 Civility, Sanity & Winning Date: 11/18/1997 Summary: This program sought to address the issue of an eroding sense of public service and cultural authority in the P10623 Defending a Client NEW practice of law. Having assumed that a climate of in High Profile Investigations disaffection hung over the legal profession, the program Summary: This program incorporated scenes form three high profile sought to help legal professionals as they arrived in the cases: the CT-43 crash with Secretary of Commerce emergency room of professional conduct, observed Brown, the Khobar Towers terrorists attack, and the an appellate operation, and witnessed the decaying of friendly fire shoot down of two Army helicopters over Iraq. a deposition. The presentation also examined ways to The cases provided opportunities to discuss the difficul- increase professional conduct and revive the profession. ties of the defense counsel when dealing with senior level Materials: Script, Articles, Law, Handouts clients. The program concluded with a panel discussion Presented By: The Dean Henry George McMahon AIC, Baton Rouge, LA of attorneys that have defended high-level cases. Date: 9/23/2004 Materials: Script, Questions Presented By: The Judge Advocates Association AIC, Washington, DC P11323 Indian Gaming: The House Always Wins Date: 2/17/1998 Summary: This program featured the story of Attorney John White who was approached by a California Indian tribe that P11083 Trials & Tribunals: NEW wanted to retain him to assist them in constructing a The Oracles of Justice in Time of War casino in California. The program opened with White’s Summary: The program presented ethical and professional self-study in Indian law. It developed to show how Indian dilemmas faced by judicial officers and lawyers called law affects the legal practicioner in areas of finance, to preside over and participate in high-profile trials or construction, criminal law, employment law, and personal military tribunals of suspected terrorists accused of injury. The construction and operation of the casino violating the Rules of War. The program was a modern remained the central focus of each illustration. morality play, featuring dialogue between a federal Materials: Script, Documents, Facts, Law, Questions, Handouts, Disc judge and his clerk as the judge struggled to adapt Presented By: The Earl Warren AIC, Oakland, CA conventional norms of judicial process in cases of Date: 3/16/2005 terrorists assigned to his court. Materials: Script, Law, Facts, Articles, Bibliography G. Miltary Law Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 3/19/2002 P10091 Admiralty Law Aboard the Viking Sun Summary: The program was held on a local party boat called the Viking Sun and was presented in a news report format. The pupilage team members, acting as news reporters, presented a broad overview of the basics of Admiralty Law, including discussions on jurisdiction, settlement, and the criminal issues. Materials: Facts, Script, Video Presented By: The Chester Bedell AIC, Jacksonville, FL Date: 10/29/1992

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P11099 Military Tribunals P11218 FNN (Fradulent News Network) Reports Summary: This program used panelists, including a member Summary: This programs addresses issues relating to the of the military, a researcher and a historian from the designation of enemy combatants and the passage Congressional Service to provide background and of the Patriot Act.The pupilage team created a news hisotry of military tribunals and examine the similari- network that acted as a moderator. To provoke thought ties and differences between military tribunals and and discussion, a debate is staged and followed by a non-war military courts. The panel was introduced final news report that interrupts the regular pprogram. by a moderator who also quizzed the audience on Once the broadcast is complete, the session is procedural rules for military tribunals. The program also wrapped up with a presentation on the Patriot Act. After included a skit of a discussion betweeb a partner and the presentation, audience members were asked to an associate of a law firm about a client who may be complete a survey. tried by a military tribunal. Materials: Script, Articles, Handouts Materials: Outline, Script, Questions, Comments, Articles, Law Presented By: The Robert G. McGrath AIC, Martinez, CA Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 10/9/2003 Date: 5/16/2002 P11333 The Law of War P11110 Trials & Tribunals: Summary: This program addressed the timely subject of the “law Oracles of Justice in a Time of War of war” and how it was taught to American soldiers, Summary: This presentation is intended as an interactive morality NEW who taught it, and the substance of that instruction. play which focuses on the ethical and professional The program emphasized war crimes and tribunals and dilemmas faced by judicial officers who are called upon American policy towards the latter. The program also to preside over high profile trial or military tribunals. used an instructor from a local military installation to There are several skits, followed or preceded by filmed explain the subjects and to discuss the successes and sequences. the breakdowns in American obedience to the law of war, Materials: Outline, Script, Comments including the recent breakdown at Abu Ghrain Prison. Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Materials: Outline, Articles, Facts Date: 3/7/2002 Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 1/18/2005 P11174 He’s In the Army Now Summary: In a program using a broad range of dramatic styles, the H. Criminal Law pupilage group addressed the legal challenges facing a military reservist who is mobilized on short notice to serve P10002 Joint Defense Agreements overseas and subsequently finds himself courtmartialed Summary: The program included a brief presentation of what a for his conscientous objection to immunizations. joint defense agreement is and the problems raised by Materials: Outline, Script, Articles, Facts, Law, Handouts such an agreement. A panel discussion of experienced Presented By: The Sam A. Crow AIC, Topeka, KS members of the bar on the relevant legal and ethical Date: 2/26/2003 issues followed the presentation. Materials: Documents, Law, Bibliography P11214 Ex Parte Milligan Presented By: The Edward Bennett Williams AIC, Washington, DC Summary: The dramatization of Ex Parte Milligan is intended to Date: 10/1/1987 provide insight into a series of dramatic events in the country’s history. It is also meant to explain a judicial P10004 Representing a Client precedent that continues to be debated. Today, the Before a Federal Grand Jury Milligan decision has received renewed attention in the Summary: Four pupilage groups presented demonstrations discussions surrounding whether accused terrorists and involving a federal grand jury proceeding arising from unlawful combatants may be tried by military tribunals. an alleged bid-rigging and allocation conspiracy in the Materials: Outline, Script, Articles, Documents, Facts, Law, mechanical contracting industry. The four segments Questions, Handouts of the demonstration were the initial client interview, a Presented By: The Indianapolis AIC & The Sagamore AIC, conference with prosecutors to obtain an opportunity to Indianapolis, IN re-appear before the grand jury to recant, a negotiation Date: 10/18/2003 for immunity for a major player, and testimony before the grand jury. Materials: Facts, Documents Presented By: The Chester Bedell AIC, Jacksonville, FL Date: 1/28/1988

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P10196 Criminal Law Problems in Civil Litigation P10371 She Says Yes, The Law Says No Summary: The program presented three hypotheticals identifying Summary: This program explored issues relating to criminal sexual criminal and constitutional questions that may arise conduct. A scenario involved a defendant charged ✯ in civil trials. Inn members watched each skit and with engaging in criminal sexual conduct in the third answered questionnaires regarding courses of action degree for being sexually involved with a 21-year-old and the applicable rules. female with a low IQ. Direct examination of both the Materials: Facts, Law, Articles female and her mother for the plaintiff’s side, and direct Presented By: The Louis M. Welsh AIC, San Diego, CA examination of the defendant and of the female’s social Date: 4/11/1993 worker were conducted. Both sides presented their closing arguments to the audience, and the audience P10215 Criminal Evidence Problems acted as a jury and returned their verdict. A discussion Summary: Evidentiary situations were presented in a mock trial on the verdict and what lead to the verdict concluded format focusing on each aspect of a criminal trial, from the program. voir dire through closing statements. Throughout the Materials: Facts, Questions, Script, Law, Bibliography demonstration, counsel posed issues for the judge’s Presented By: The Douglas K. Amdahl AIC, Minneapolis, MN ruling, and, prior to ruling, the judge asked members of Date: 2/15/1996 the Inn how they would rule and why. Materials: Facts, Script, Documents, Law, Articles P10431 Getting Things Rolling: Presented By: The Robert M. Duncan AIC, Columbus, OH Don’t Gamble with Your Client’s Case Date: 3/15/1994 Summary: This program, based on a actual, well-publicized federal criminal investigation that occurred in Louisiana, P10242 Harrad v. Barry; State v. Harrad— centered around a federal “sting” investigation into A Year-Long Program allegations of bribery and corruption in the state legisla- Summary: The program was a year-long presentation that ture. The objective of the program was to explore some included a civil and criminal trial arising from an alterca- of the practical and ethical issues that might face civil ✯ tion. The facts gave rise to worker’s compensation, practitioners approached by clients wishing to retain medical malpractice, and criminal trials. The hypotheti- their services in a criminal matter. cal was used to illustrate ethical considerations and Materials: Facts, Script, Comments suggest techniques for all stages of litigation. Presented By: The AIC of Acadiana, Lafayette, LA Materials: Facts, Documents Date: 9/28/1995 Presented By: The Peter T. Fay AIC, Miami, FL Date: 10/1/1993 P10461 Cain’s Blood Summary: This program, held in a criminal courtroom, was P10258 The Death Penalty presented in a play format. Cain was found guilty Summary: The program focused on the issue of the death penalty of Abel’s murder and was sentenced to banishment. in 20th century law. Inn members were given a packet The Florida Supreme Court held this was an illegal of information that addressed topics to be discussed sentence and remanded the matter to the trial court to be reviewed prior to the meeting. Specific issues for resentencing. This demonstration illustrated an included the deterrent effects of the death penalty, the attorney’s ethical duty to the criminal client’s wishes competence of the condemned, the rights of victims’ and demands as to the manner in which to proceed families, and televised executions. with the defense. For realism a court deputy (bailiff) Materials: Facts, Law, Articles assisted in the proceedings. The actual county medical Presented By: The Charles Fahy AIC, Washington, DC examiner testified, as did a local psychiatrist. Date: 4/7/1994 Materials: Facts, Documents, Law, Articles Presented By: The First Central Florida AIC, Orlando, FL Date: 5/11/1995

P10465 An Overview of Criminal Law Issues Relevant to the Civil Practitioner Summary: This program was an overview of criminal law issues relevant to the civil practitioner. The key issues discussed ✯ were grand jury practice, paralegal proceedings, government contact with represented persons, defense contact with potential witnesses, and conflicts. The audience was encouraged to make contributions and ask questions during the program. Materials: Facts, Documents, Law, Articles, Video Presented By: The William B. Enright AIC, San Diego, CA Date: 11/14/1996

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P10470 Discriminatory Peremptory Challenges P10759 Criminal Law Issues Summary: This presentation was designed to educate Inn Relevant to the Civil Practitioner members on the proper and improper use of peremp- Summary: This program outlined the ABCs that must be tory challenges based on the most recent Florida and understood in order to give immediate or interim legal federal cases in both civil and criminal settings. Factual advice when a client contacts an attorney concern- scenarios based on actual case law were brought ing criminal law issues. The fact pattern followed an forward to the audience which preceded discussion attorney representing a man involved in a fatal hit and on the roles and responsibilities of both the lawyers run incident. and judge when dealing with peremptory challenges Materials: Facts, Script, Articles, Law, Documents exercised in an alleged discriminatory manner. Presented By: The Lincoln-Douglas AIC, Springfield, IL Materials: Script, Facts Date: 3/22/1999 Presented By: The Vassar B. Carlton AIC, Melbourne, FL Date: 9/4/1996 P10834 Deliberate Delay Tactics in a Criminal Case Summary: The program followed a series of delay tactics concern- P10480 Three Lawyers and a Drunk ing the indictments of influence peddling and bribery Summary: This program addressed the malpractice pitfalls for the of a member of the State Department involved with an criminal practitioner, insurance defense attorney and illegal overseas venture. plaintiff’s personal injury attorney when facts had both Materials: Script, Law a criminal and civil side. Presented By: The Edward Bennett Williams AIC, Washington, DC Materials: Questions, Script Date: 2/18/1999 Presented By: The Willamette Valley AIC, Salem, OR Date: 4/17/1997 P10955 Who Wants To Be A Litigator? Summary: This program was a legal game show fashioned P10536 No Probation? Now What? after the hit show “Who Wants To Be A Millionaire?” Summary: This program, centered around two guest speakers, Participants were placed into groups and seated at focused on the consequences faced by defendants after one of seven tables to compete in the legal tossup a conviction was entered. The presentation’s goal was question using sequence questions. They included to give the Inn members a sense of how the Bureau of chapter numbers of the Florida Statutes, famous court Prisons makes decisions that have an enormous impact decisions, geography of courthouses, and tenure of on defendants’ lives, and what role defense lawyers and Chief Justices of the Florida Supreme Court. When a prosecutors can play in that process. table won the tossup question, a team of three went Materials: Facts, Law, Articles forward to play. The questions dealt with such topics Presented By: The Edward Bennett Williams AIC, Washington, DC as evidence, civil procedure, family law, criminal law, Date: 5/15/1997 dependency, legislative updates, real property, legal history, Florida Constitution, famous lawyers, lawyer P10581 Out of the Frying Pan, Into the Fire movies and tax law. Summary: The program was designed to recognize some of the Materials: Script, Law, Articles, Questions criminal problems that arise in civil litigation and how Presented By: The Vassar B. Carlton AIC, Viera, FL to resolve those problems. Scenes, both live and Date: 1/4/2001 videotaped, explored two scenarios where civil cases overlapped with criminal investigations. The moderator P10964 When a Lawyer and Her Client then directed discussion with the audience through are Both Indicted questions that covered both state and federal law. Summary: This was a season-long/six-part program that followed Materials: Documents, Law, Questions, Script the events leading up to and through the criminal trial Presented By: The Harry Phillips AIC, Nashville, TN of an attorney accused of conspiring with her business Date: 4/20/1998 client to bribe a public official. The fact pattern was intentionally designed to show the audience how an P10719 Multiple Proceedings—Part II innocent attorney can become a criminal defendant, Summary: The program centered on a hypothetical case involving and what situations the attorney might then face. While the insider trading between two brothers. A panel of the trial was a criminal one, the program was designed experts answered questions from the Inn members to appeal to a broad spectrum of trial lawyers, particu- regarding their expertise in relation to the case. larly civil lawyers whose clients come in contact with Documents focused on the coordination of parallel regulatory, administrative, or zoning officials. criminal, civil and administrative proceedings. Materials: Script, Facts, Documents, Bibliography, Law Materials: Documents, Facts Presented By: The Judge Anthony J. Celebrezze AIC, Cleveland, OH Presented By: The Edward Bennett Williams AIC, Washington, DC Date: 10/10/2000 Date: 2/19/1998

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P10983 Choices on the Way to Death P11048 Bin Laden Meets the Law Summary: This presentation was a panel discussion that focused Summary: In attempt to answer the question, “What is justice and on issues and choices relating to the implementation of what does it mean?” the program presented four different the death penalty. This discussion purposely avoided forums in which to deal with Osama Bin Laden once he the wisdom or morality of the death penalty. is captured. The forums are federal court, military tribunal, Materials: Articles, Comments, Bibliography, Facts, Questions, Law prisoner of war status, and international court. Presented By: The Federal Bar Council AIC, New York, NY Materials: Script, Questions Date: 3/13/2001 Presented By: The Charles F. Greevy, Jr. AIC, Williamsport, PA Date: 2/27/2002 P10997 With Apologies to David Letterman… Top 10 Ethical Blunders P11073 The Death Penalty on Trial Summary: This program presented two vignettes, each covering Summary: The program employed an interactive trial to explore five major ethics topics. The first vignette demonstrated volatile issues regarding the continuation or abolition of a sole general practitioner involved in criminal represen- ✯ the death penalty as the ultimate punishment for enumer- tation. It was based on the facts in the Pennsylvania ated capital crimes in the United States. Through passion- case of Commonwealth v. Stenbach. The ethical issues filled closing statements, well-known historical characters, analyzed were communication with clients, confidential- deliberating jurors, and discussions, the scripted presen- ity of client communications, candor to the tribunal and tation gave members a historical perspective of the death safekeeping of client property. The second vignette penalty in the US. The arguments proffered by proponents involved a young associate in a large firm setting and and abolitionists were in the context of today’s volatile and analyzed the corresponding responsibilities of supervi- violent crimes. sor/subordinate lawyers in that setting, conflicts of Materials: Script, Questions, Articles, Bibliography, Facts interest and what a lawyer should do upon receipt of a Presented By: The Temple AIC, Philadelphia, PA letter from the Disciplinary Board. Date: 3/13/2002 Materials: Script, Comments, Questions Presented By: The Pittsburgh Chapter AIC, Pittsburgh, PA P11087 The Thin Line: Date: 11/16/2001 Civil and Criminal Enforcement Issues Summary: The program demonstrated how the thin line between P10999 Legal Family Feud civil and criminal penalties was rapidly collapsing. The Summary: This program replicated the game show, Family Feud. legal issues that white-collar practitioners frequently The games were divided into two separate game shows. faced when parallel proceedings arose were highlighted The first game was based on criminal law questions. through a quiz and the views of panel experts. The second game was based on civil law questions. Materials: Script, Articles, Questions, Bibliography, Facts, Law Each game featured two teams facing off against one Presented By: The Edward Bennett Williams AIC, Washington, DC another. The questions asked during the presentation Date: 2/21/2002 were a mix of black letter law and local legal folklore or “just for fun” questions. P11152 Back to Basics: Criminal Law Materials: Script, Comments, Questions, Articles, Bibliography, Law Summary: The program consits of three phases, each one of Presented By: The Pittsburgh Chapter AIC, Pittsburgh, PA which deals with a basic element of criminal law. In this Date: 1/18/2001 demonstration, Part I consists of the inciting incident, Part II consists of an extradtion hearing, and Part III is a P11042 The Death Penalty: Where Have We Been and bench trial on aggravated assualt. Where Are We Going? Materials: Outline, Articles, Facts, Law Summary: This program examining the death penalty presented a Presented By: The Pittsburgh AIC, Pittsburgh, PA brief historical overview. A questionnaire was provided, Date: 3/20/2003 along with results from a previous survey of members. A discussion featured two relatively recent Supreme Court rulings on the death penalty. The program concluded with a panel discussion. Materials: Script, Facts, Articles, Bibliography, Questions, Law Presented By: The Harry Phillips AIC, Nashville, TN Date: 2/19/2002

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P11239 Courtroom Wizardry P11323 Indian Gaming: The House Always Wins Summary: This program used a fact pact pattern that was part of Summary: This program featured the story of Attorney John White a year-long theme for the Inn. That fact pattern involved who was approached by a California Indian tribe that an attempt by Alex Trebeck to resurrect his career by NEW wanted to retain him to assist them in constructing a having himself shot on national television. This particular casino in California. The program opened with White’s program called upon two prominent forensic expterts self-study in Indian law. It developed to show how to testify about their findings and opinions on the Indian law affects the legal practicioner in areas of evidence recovered during the criminal investigation finance, construction, criminal law, employment law, and of the shooting. The point of the exercise was to use personal injury. The construction and operation of the the technology available to enrich the testimony. The casino remained the central focus of each illustration. program was also presented to non-Inn members to Materials: Script, Documents, Facts, Law, Questions, Handouts, Disc gain their impressions of the abilities of the lawyers to Presented By: The Earl Warren AIC, Oakland, CA present complicated scientific evidence in a more digest- Date: 3/16/2005 ible manner. Materials: Articles, Documents, Facts, Law, Handouts, Video I. Intellectual Property Law Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 2/26/2004 P10589 Patent Prosecution Following Markman and Hilton Davis P11252 Kobe’s Last Play?: A Legal and Social Analysis Summary: The two-part program focused on claim drafting. In the of Kobe’s Colorado Criminal Case first session, participants played the parts of an inventor Summary: This program used a broad panel of experts, including employed by a corporation, a corporate attorney and judges, professors and practicing attorneys, speak on an attorney representing the corporation in intellectual the Kobe Bryant criminal case on Colorado. The panel property matters. In the second session, the patent examined issues inclusing the venue for the case, the attorney and the examiner met to discuss whether the victim’s right, racial implications of the case, and the amendments to the claims were being offered simply to effects of Kobe’s celebrity status. clarify the claims or whether they affected patentability. Materials: Articles, Documents, Law, Handouts Materials: Script, Facts, Documents Presented By: The Charlotte E. Ray AIC, Washington, DC Presented By: The Giles S. Rich AIC, Washington, DC Date: 1/22/2004 Date: 2/17/1998

P11277 You Be the Judge! P10966 A Mock Patent Trial Employing Summary: This program calls upon the audience to examine Historically Significant Elements evidentiary and ethical issues in the context of a criminal NEW Summary: This program was a mock trial that involved Thomas trial. Team members play various roles in the skits, and Alva Edison and his son. They were in a legal dispute a moderator asks the legal questions and explains the over inventorship concerning a Thomas Edison answers between the scenes. Kinetoscope patent. Thomas’s son, Chad, claimed Materials: Script, Facts, Law, Questions to be the co-inventor, whereas, Thomas claimed sole Presented By: The William H. Stafford AIC, Tallahassee, FL ownership of the patent. Date: 10/1/2003 Materials: Script, Facts Presented By: The Giles S. Rich AIC, Washington, DC P11283 Noisy Lawyers & Silent Clients: Sarbanes- Date: 2/20/2001 Oxley & the Ethical Role of the Attorney Summary: The program addressed the requirements imposed upon P11030 Mediation: ✯ attorneys under the Sarbanes-Oxley Act, specifically when A Different Approach to Conflict Resolution an attorney must withdraw from a case. A fictional domestic Summary: This skit depicting mediation of an intellectual property diva who marketed a faulty product is given counsel by NEW lawsuit involved disputed ownership of software. A two securities lawyers and a criminal lawyer regarding her software corporation filed a diversity action suit against public statements about the product. A facilitator encour- a former employee and her present company. The aged the audience to discuss the attorneys’ ethical respon- corporation believed she had stolen a lucrative software sibilities under state and federal law. application, which they conceived and developed. The Materials: Outline, Script, Documents, Law, Questions, Handouts district judge persuaded both parties to use facilitative Presented By: The Temple AIC, Philadelphia, PA mediation in an attempt to resolve the suit. Date: 4/14/2004 Materials: Facts, Articles, Law, Bibliography Presented By: The Centennial AIC, Flint, MI Date: 10/16/2001

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P11043 Better Pets through Chemistry: P11126 Intellectual Property— A Study in Intellectual Property Hollywood Squares Style Summary: In this skit, a mock going-away party for an employee Summary: The program is an attempt to educate people abut was suddenly frozen, and everyone’s thoughts were how intellectual property laws can affect their practice revealed through pre-recorded audiotapes. The employ- which might focus on privacy law, patents, trade ee’s thoughts revealed that each employee was leaving secrets, trademarks and cybersquatting. The issues the company to join a competitor and taking valuable were adressed through a Hollywood Squares game. intellectual property with them. Two employees had pro The audience was divided into “X” and “O” teams which and con consciences that urged or opposed the employ- voted on answers given by the panelists ee’s proposed course of action and debated legal issues Materials: Outline, Script, Articles, Facts, Law of employment, unfair competition, trademark, patent, Presented By: The Nevada AIC, Las Vegas, NV and copyright laws. Date: 3/3/2002 Materials: Script Presented By: The Milton L. Schwartz AIC, Sacramento, CA Date: 2/13/2002

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P10146 The Trial of Roscoe “Fatty” Arbuckle P10257 Shakespeare v. DeVere Summary: The Inn presented portions of the real-life Fatty Arbuckle Summary: The program consisted of a mock trial that attempted to trial to instruct members on the peculiar difficulties in resolve the question of whether Shakespeare actually ✯ conducting high-profile cases. The trial re-enactment, wrote the works we attribute to him. Shakespeare has which was presented at seven meetings, covered all brought suit against Edward DeVere, the Seventeenth phases of a trial including voir dire, opening statements, Earl of Oxford, for damages and injunctive relief in expert witness examination, and closing arguments. response to DeVere’s claims that he is the true author Materials: Facts of Shakespeare’s plays and sonnets. The Queen of Presented By: The Judge William R. Overton AIC, Little Rock, AR England also makes an appearance and files a motion Date: 1/14/1993 to intervene so she can assert the Crown’s interest. The program consisted of opening and closing statements P10155 The Trial of Galileo by all three parties and direct and cross-examination of Summary: The program included a portion of a mock 16th century Shakespeare, DeVere, and the queen. trial for heresy against Galileo. Using federal and Florida Materials: Script, Law rules on expert witness testimony, opposing parties Presented By: The Charles Fahy AIC, Washington, DC attempted to call the pope and a scientist as experts. Date: 9/9/1993 A discussion followed focusing on the admissibility and guidelines for use of the experts. P10285 The Lincoln Almanac Trial Materials: Facts, Law Summary: This program was a re-enactment of the criminal Presented By: The Justice William Glenn Terrell AIC, Tampa, FL trial of Duff Armstrong, which is Abraham Lincoln’s Date: 6/8/1993 most famous criminal case because of the evidence presented that cleared Duff. The program was P10212 Murder Trial of People v. presented at the Old State Capitol with the Inn “Peachy” Quinn Harrison members donning historical garb. Summary: The program was a reenactment of the criminal trial Materials: Facts, Script, Comments of “Peachy”’ Quinn Harrison, a trial in which Abraham Presented By: The Lincoln-Douglas AIC, Springfield, IL Lincoln served as defense counsel. The Inn had a Date: 2/15/1995 complete cast and presented the program at the Old State Capitol. P10292 The Menendez Defense: Client Testimony and Materials: Script Other Issues When They “Did It” Presented By: The Lincoln-Douglas AIC, Springfield, IL Summary: This program was designed for discussion of ethical Date: 10/20/1993 dilemmas confronted by the trial bar on a daily basis using a videotaped portion of the Menendez brother’s P10246 The Trial of Clarence Darrow trial. The Inn utilized a panel that included a defense Summary: The program, a joint program of AIC LVI and The William attorney, a dean of a school of journalism, a prosecu- “Mac” Taylor AIC, involved ethics charges brought by tor from the U.S. Attorney’s Office and a circuit court the State Bar of Texas against Clarence Darrow for judge to ask questions and provide answers and ideas his alleged bribing of a juror in connection with the regarding the dilemmas being presented. Each panel McNamara criminal case of 1911. member was assigned a vignette and was responsible Materials: Facts, Documents for beginning discussion of their assigned vignette. Presented By: The Patrick E. Higginbotham AIC, Dallas, TX Materials: Facts, Script, Documents, Law, Articles, Bibliography, Date: 6/6/1992 Comments, Video Presented By: The Ross T. Roberts AIC, Kansas City, MO P10256 Is Laughing Anne a Husband Killer? Date: 9/8/1994 Summary: The program consisted of a reenactment of a portion of an historical Maryland trial. The presenting team researched P10298 Quiz Show newspaper accounts and gathered period costumes. The Summary: This program is based on the television show Twenty- program contrasted the manner in which criminal trials were One, a popular prime-time game show that was rocked conducted in the 1930s with that of today. by scandals. The script allows for, at some points, Materials: Facts, Script several approaches for the members of the cast to Presented By: The Montgomery County AIC, Montgomery County, MD follow, and each different approach is followed by Date: 5/10/1994 discussion questions for the entire Inn to answer. Materials: Script Presented By: The University of Pennsylvania Law School AIC, Philadelphia, PA Date: 11/15/1994

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P10299 People v. Clarence Darrow (Part I) P10417 Six Score and Eighteen Years Ago— P10300 People v. Clarence Darrow (Part II) Litigation in Abraham Lincoln’s Time and Today P10301 People v. Clarence Darrow (Part III) Summary: This program examined the differences between litiga- P10302 People v. Clarence Darrow (Part IV) tion in the 1800s and today. The program was based Summary: This program is a four-part program about the 1912 ✯ in part on a case handled by Abraham Lincoln in the trial of “the great defender,” Clarence Darrow, who mid-1800s concerning a couple, a disputed ticket fare, ✯ found himself in the unenviable position of defending a fight between the husband and two burly brakemen, himself for the alleged bribing of a juror in connection and finally, a suit filed by the couple against the railroad with the McNaMara criminal case of 1911. The program company. Act Two of the program was based on the covers all aspects of the trial from pre-trial publicity to same facts as the first act of the program, but takes character testimony. place in 1995. A discussion on the differences of litiga- Materials: Facts, Script, Documents, Law, Articles, Bibliography, tion in the mid-1800s and 1995 concluded the program. Comments Materials: Facts, Questions, Script, Documents, Law, Articles, Presented By: The Watkiss-Sutherland AIC, Salt Lake City, UT Bibliography Date: 10/19/1994 Presented By: The Charles Fahy AIC, Washington, DC Date: 11/2/1995 P10379 Disbarment at Elsinore Summary: This program was based on a question scholars have P10430 Sketches of the History of wondered about ever since Hamlet was written, “What the Bench and Bar of Alabama ✯ ever happened to Hamlet’s Lawyer?” This program may Summary: This program traced some of the historic events of the provide an answer to this centuries-old question in a bench and bar of Alabama from 1820 to 1996. The three-act musical comedy. The program highlighted the program began with the first session of the Court of potential dilemma a lawyer faces under Rule 1.6 of the Writs and Errors, better known as the Supreme Court of ABA Model Code of Professional Conduct. A videotape Alabama. The program concluded with a presentation on of the Inn performing this program at the New England the 1973 adoption of Amendment No. 328, the so-called Bar Association annual meeting is also available. Judicial Article which completely reconstructed the state Materials: Facts, Questions, Script, Documents, Articles, judicial system in Alabama and created a system of Bibliography justice that became a model for other states. Presented By: The Webster-Batchelder AIC, Bedford, NH Materials: Facts, Script, Articles, Video Date: 4/5/1995 Presented By: The Montgomery County Alabama, AIC, Montgomery, AL Date: 1/18/1996 P10390 Speedy Trial for Swift Frontier Justice Summary: This program was a play that presented a murder trial P10455 The Salem Witch Trials: and appeal during the late 19th century in the Wild A Historical Perspective West. The play was based on an actual trial that took Summary: This program was a courtroom re-enactment of the place in the Territory of New Mexico in 1906. The play first Salem Witch Trials in 1692. The trials ignited the began on a train whose passengers included a judge, persecution of witchcraft in the Salem Village. Religious his clerk, the circuit attorney, a sheriff and a press freedom was banned and the practice of witchcraft was agent, on their way to attend a famous murder trial. declared a capital offense, punishable by hanging. Four When a loud, drunk passenger was first warned, and skits illustrated the cases of accused witches Tituba, then asked to leave the train, he shot and killed the Sara Good, Giles Corey and John Willard. Questions conductor who asked him to leave. Forty-eight hours concerning ethical and illegal procedures during the later, the murder trial began. A discussion followed the trials such as illegal search and seizure, a defendant’s play presentation. denial of legal counsel, indictments based on incidents Materials: Facts, Script, Bibliography occurring at the preliminary hearings, and pein forte et Presented By: The Col. Albert J. Fountain AIC, Las Cruces, NM dure were addressed. Date: 2/15/1996 Materials: Facts, Questions, Script, Documents, Articles, Bibliography, Handouts Presented By: The Harry Phillips AIC, Nashville, TN Date: 10/15/1996

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P10458 The People v. Julius and Ethel Rosenberg P10538 Opening Statements: Summary: This program addressed the ethical issues surround- The Treason Trial of War General Robert E. Lee ing the historical Rosenberg death penalty case. Inn Summary: This Inn presented mock opening statements in the members were called upon to discuss the various criminal treason trial of Confederate Army General aspects of the trial, as well as the historical setting. Robert E. Lee. Pupil members of the Inn prepared a Group members made presentations but were record of the trial including a biographical sketch of periodically “interrupted” by the moderator to answer Lee’s background, and an indictment for treason. A questions or for further elaboration. This approach comprehensive outline on the law and ethics of opening facilitated the “talking heads” possibility and made the statements under the Model Rules of Professional presentation more interesting. Many Inn masters who Conduct was researched and presented prior to the might have remembered the Rosenberg trial provided mock demonstrations. insight. Concluding remarks from a Walter Cronkite Materials: Script clip of a newscast aired on the 25th anniversary of Presented By: The George Mason AIC, Fairfax, VA the Rosenbergs’ execution, added an element of stark Date: 10/23/1996 realism to the program. Materials: Facts P10557 The October, 1776 Debate at Gray’s Inn Presented By: The Harry Phillips AIC, Nashville, TN Regarding the Declaration of Independence Date: 2/18/1997 Summary: The program followed the assumption that a furious debate occurred after the signing of the Declaration P10459 Oscar Wilde v. The Marquess of Queensberry of Independence about whether the colonists should Summary: This program illustrated the importance of pre-trial separate from Great Britain. The debate featured investigation, opening statements and cross-examina- Thomas Jefferson, Thomas Paine and Benjamin Franklin tion of a celebrity witness. The presentation began by pitted against various counterparts from the “Crown.” acquainting the Inn members with the trial of Oscar Materials: Comments, Documents, Facts Wilde v. The Marquess of Queensberry. A chronol- Presented By: The Louis M. Welsh AIC, San Diego, CA ogy of events from 1854 to 1900 were presented to Date: 10/17/1996 establish what occurred before, during and after the trial. Key portions of the trial were enacted with instruc- P10567 The Boston Massacre Trial tional comments and questions at various points during Summary: Using 18th century period costumes, team members re- the presentation. enacted the 1770 Boston massacre trial in which seven Materials: Facts, Script British soldiers were tried for firing on a crowd of patriots, Presented By: The Harry Phillips AIC, Nashville, TN killing four. Successfully defended by John Adams Date: 11/19/1996 (patriot and later President), the British soldiers escaped a murder charge. Excerpts from the actual opening and P10481 Marcus Brutus: The Second Trial closing statements of John Adams and other attorneys Summary: In this farcical play, Marcus Brutus was tried in a civil were presented by Inn members. Witnesses testified trial for his alleged role in the bloody assassination based on the actual trial proceedings. of Julius Caesar on the steps of the Roman Senate. Materials: Facts, Articles The program demonstrated civil litigation after criminal Presented By: The Frank J. Murray AIC, Boston, MA prosecution. Inn members donned authentic Roman Date: 2/3/1998 garb for realism. Materials: Script P10579 The Trial of Adolf Eichmann: Presented By: The Willamette Valley AIC, Salem, OR The Rule of Law v. Moral Justice Date: 3/20/1997 Summary: This presentation drew on the wealth of information and the vast amount of written material regarding the P10512 The Trials of Whitewater controversial Adolph Eichmann trial. Personal jurisdic- Summary: This program was designed to teach a little about tion, subject matter jurisdiction, ex post facto laws and the rules of evidence. The program was a amusing Act of State or the Nuremberg defense (e.g. I was only anecdote of the Whitewater trial which occurred in following orders) were some of the topics discussed Little Rock, Arkansas. The characters exaggerated the by the Inn. Videotaped statements from persons who personalities of the individuals being portrayed with the survived the Holocaust and/or who witnessed the trial exception of the judge and his associate. of Adolph Eichmann were reviewed. Rabbi Peter Haas, Materials: Script an internationally recognized expert on the Holocaust, Presented By: The William R. Overton AIC, Little Rock, AR was a guest speaker. Date: 2/20/1996 Materials: Facts, Articles Presented By: The Harry Phillips AIC, Nashville TN Date: 5/20/1997

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P10622 The Trial of Macbeth, King of Scotland P10678 The “IOLTA Case” Summary: Inn members rewrote William Shakespeare’s Macbeth Summary: The program presented a mock Supreme Court to present the trial of Macbeth for murder. The partici- argument featuring the “IOLTA Case.” It featured a pants analyzed potential legal issues and developed complete background into the “IOLTA” programs and arguments in support of and in opposition to the their conflict with the Takings Clause. admission of expert opinion testimony regarding Materials: Facts Lady Macbeth’s mental condition, the admission of Presented By: The Judge Abner V. McCall AIC, Waco, TX statements that Lady Macbeth made to her doctor Date: 3/18/1998 during the course of treatment for mental illness, and the admissions of co-conspirators. P10682 Midnight In the Garden of Lumpkin Inn: Materials: Script The Objections Game Presented By: The George McBurney Business Litigation AIC, Summary: The presentation focused on the problems and tactics Los Angeles, CA in making objections. An edited transcript of testimony Date: 11/5/1998 given in State v. Williams served as the basis of this program. Teams listened to the examination of a witness P10643 The Historic Oklahoma Trial of and made objections, stating the appropriate grounds, George “Machine Gun” Kelly when they thought necessary. The opposing team then Summary: The program presented the Inn members with a had the option to oppose the objection. A panel of summary of the facts of the historic case, then a judges awarded points and ruled on the objections. videotape of the actual trial was shown. After the Materials: Script, Facts, Law Inn members viewed photographs and transcripts, a Presented By: The Joseph Henry Lumpkin AIC, Atlanta, GA moderator presided over a discussion of the trial. Date: 2/4/1998 Materials: Facts, Script, Video Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK P10686 The Watergate Trial Date: 4/15/1998 Summary: Through the use of narration, video, and audiotape, the Inn presented a summary of the Watergate scandal. P10651 The Impeachment Trial of Andrew Johnson Selected portions of testimonies at trial were re- Summary: The program was based on the actual transcripts of enacted to highlight the numerous ethical implications the impeachment proceedings of Andrew Johnson. of the Watergate affair. The pupilage team distributed The participants dressed in period costumes and used lists of the major participants in the trial, significant excerpts from the transcripts as scripts. Discussion books, historians, commentators, and citations of brought out parallels to Clinton’s impeachment various reported decisions related to the burglary. proceedings. Materials: Script, Facts, Bibliography Materials: Script, Articles Presented By: The William B. Bryant AIC, Washington, DC Presented By: The Puget Sound AIC, Tacoma, WA Date: 9/9/1997 Date: 11/23/1998 P10688 The Trials of Claus von Bulow P10654 The Rosenberg Trial Summary: After a videotaped introduction into the von Bulow Summary: This year-long program presented portions of the actual trials, three experts were questioned by Inn members. Rosenberg trial to instruct members in various trial The questions focused mainly on when does a private issues. Portions of the trial were reenacted at seven search become a public law-enforcement undertaking, Inn meetings covering the following issues: (1) How and what are the metes and bounds of advocacy. to handle a sensational case; (2) Creating a theory Materials: Facts, Law, Video of the case; (3) How to cross-examine the “rat;” (4) Presented By: The William B. Bryant AIC, Washington, DC Evidentiary issues; and (5) Closing arguments. Date: 2/10/1998 Materials: Bibliography, Facts, Script Presented By: The Donald E. Wieand, Sr. AIC, Allentown, PA P10715 The Ethical Duty of Counsel to Clients in Test Date: 1/1/1998 Cases: Lessons from the Scopes Case Summary: While centering on the Scopes “Monkey Trial,” the P10661 Perjury/Impeachment/Ethics program faced the ethical issues that arise when trying Summary: The program examined the subjects of perjury and ✯ a test case. Using several scenes to bring to life the ethics through several vignettes centering around key issues of the trial, the Inn members questioned a scandal in the White House involving President whether the courtroom was a proper place for a “policy” Jefferson fathering a child with a slave. debate, the attorney’s obligation to the client, and Materials: Script, Questions, Articles whether there was a better way to challenge laws. Presented By: The Santa Barbara AIC, Santa Barbara, CA Materials: Script, Facts, Articles Date: 10/1/1998 Presented By: The Charles Fahy AIC, Washington, DC Date: 11/12/1998

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P10741 Separate But Equal: The Beginning of the End P10824 Miranda v. Arizona Summary: The program, a tribute to the Honorable Collin J. Seitz Summary: This program discussed the factual, procedural and legal and Louis L. Redding, Esquire, followed the lives of history of Miranda and featured personal appearances of these two impressive men of law and how they histori- some of the participants in the actual 1963 case. cally intersected in three cases in 1950 that brought Materials: Facts, Articles about the end of segregation in higher education in Presented By: The Sandra Day O’Connor AIC, Phoenix, AZ Delaware. Date: 2/16/1999 Materials: Facts, Script, Articles, Law, Video Presented By: The Temple AIC, Philadelphia, PA P10828 The Trial of Dr. Samual A. Mudd: Date: 2/10/1999 Reversing an Injustice or Rewriting History Summary: The program tackled the possible injustices that P10781 The Trial of the President surrounded the historical case of Dr. Samual A. Mudd. Summary: This program consisted of a play that detailed the After a presentation that summed up the key points of the impeachment trial of Andrew Johnson before the trial, the moderator led a discussion with the audience on Senate. Well-scripted and thorough, the play outlined the questions and issues raised by the case. the basic political views of the time surrounding Materials: Script, Facts, Articles Johnson’s presidency and explained the outcome of all Presented By: The Charles Fahy AIC, Washington, DC of the primary participants. Date: 1/21/1999 Materials: Script Presented By: The Judge William E. Doyle AIC, Denver, CO P10829 The Salem Witch Trials Date: 2/10/1999 Summary: The program started with a brief historical summary of the Salem Witch trials. A skit inspired by the P10786 War Crimes Trials: Twilight Zone followed, in which a jaded individual with The Trial of Slobodan Milosevic strong feelings against the modern legal system was Summary: The program was a mock trial of Milosevic used transported back in time to 1692 for trial on charges to present the scope of war crimes legislation and of witchcraft. A discussion on the advancement of the procedure and to demonstrate the problems that war legal system followed. crimes trials present, both jurisdictionally and morally. Materials: Script, Facts, Articles, Law The prosecution’s evidence came from actual testimony Presented By: The Charles Fahy AIC, Washington, DC from the investigation, while the defense was a Date: 12/3/1999 combination of denials and admittance that the events were consistent with the norms of modern warfare. P10831 The Trial of Sir Thomas Moore Materials: Script, Facts, Articles Summary: This program took great liberties in the available histori- Presented By: The George McBurney Business Litigation AIC, Los cal accounts to use the trial of Moore as a teaching Angeles, CA tool for trial methods. For example, Moore was given a Date: 10/4/1999 defense attorney, and the examination of the Crown’s prosecutor was presented under the Federal Rules P10787 The Trial of Dr. Samuel A. Mudd of Evidence. The script focused on such matters as Summary: This program traced the famous trial in light of the 1997 the proper use of leading questions and strategies for attempt of Dr. Mudd’s grandson to overturn the convic- objecting to an opponent’s questions. tion. The program presented both sides of the case Materials: Script, Articles, Law, Facts in order to determine if any injustices were conducted Presented By: The Charles Fahy AIC, Washington, DC to Mudd because of his possible involvement with the Date: 10/14/1999 assassination of President Lincoln. Materials: Facts, Script P10833 Three Generations of Imbeciles Are Enough: Presented By: The Sterry R. Waterman AIC, South Royalton, VT The Case of Buck v. Bell Date: 3/18/1999 Summary: This program attempted to redress a gross miscarriage of justice in the forced sterilization of Carrie Buck. After P10795 Character Evidence in the Trial of Captain Kidd being given an overview of the facts of the case and the Summary: Based on the television show “You Are There,” the times it was presented in, two teams conducted a trial program followed Walter Cronkite as he reported on strategy and represented both sides of the sterilization the 18th century trial of Captain William Kidd. The issue, followed by a discussion with all Inn members. play examined the use and effectiveness of character Materials: Facts, Articles, Law witnesses to create a reasonable doubt. Presented By: The George Washington AIC, Washington, DC Materials: Script Date: 10/21/1999 Presented By: The Rochester AIC, Rochester, NY Date: 2/10/1999

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P10867 Sir Thomas Moore, John Dean and You P10902 A Titanic Arbitration Summary: After brief histories of Sir Thomas Moore and John Summary: This program was part of the series of presentations Dean with selected video clips, two noted members of staged with the common theme of famous cases. The the Bar discussed how to represent unpopular clients ✯ program provided an introduction to the alternative and how to balance the lawyer’s duty to the legal dispute resolution mechanism of arbitration. The program system, the client and to themselves. began by playing 5-minute backdrop clips from the movie Materials: Facts, Law Titanic and was followed by introductory remarks from Presented By: The Harry Phillips AIC, Nashville, TN the emcee/moderator. In addition to using the Titanic Date: 1/18/2000 disaster as a factual backdrop and means to illustrate the process of arbitration, the pupilage group drew upon the P10886 Illinois v. Nathan Leopold & Richard Loeb Limitations Act, an arcane federal law. This law allowed Summary: This program was based on the 1924 kidnapping and the owner or operator of a vessel involved in a casualty murder trial of Richard Loeb and Nathan Leopold. The to petition a federal court to limit its liability exposure to ✯ crime began as a fantasy in the mind of eighteen-year the post-casualty of the vessel and her then pending old Richard Loeb, the privileged son of a retired Sears freight. This was provided the petitioner was able to Roebuck vice president. Nathan Leopold, was also a demonstrate that it lacked privity to or knowledge of the child of wealth and opportunity, the son of a millionaire acts, events, and/or conditions causing the casualty. The box manufacturer. Scene I centered on the question- program included two vignettes and a panel discussion. ing of Leopold and Loeb, by defense and prosecution Materials: Script, Comments, Bibliography, Articles mental experts. Scene II focused on expert testimony Presented By: The Pittsburgh AIC, Pittsburgh, PA for both sides of the trial and Scene III covered closing Date: 4/26/2000 arguments at the hearing and the judge’s decision. The epilogue covered what happened to all the major P10923 Lessons from Famous Trials: players in the case over time. After the presentation Oscar Wilde’s Case two guest mental health experts gave brief presenta- Summary: This skit focused on cross-examination. The skit tions on how to assess forensic clients, including how presented excerpts from Oscar Wilde’s direct and to prepare for testimony, and what attorneys should cross-examination in the first of three trials at the know about the testimony of mental health experts in Central Criminal Court in London in 1895. Wilde, a both civil and criminal cases. well-known dramatic author prosecuted the Marquess Materials: Script, Facts, Comments, Articles of Queensberry, for criminally libeling him, the libel Presented By: The Charles Fahy AIC, Washington, DC having been uttered by Lord Queensberry in an alleged Date: 4/17/2000 attempt to save his son, Lord Alfred Douglas, from Wilde’s evil communications. This proceeding led to P10897 Judges & Experts: Gatekeepers or Goalies? Wilde’s prosecution and conviction under a recent Summary: This presentation was based on Connor v. Green criminal statute-i.e., committing acts of gross indecency Mountain Power Co. The defendant and the plaintiff with various male persons. were each asked to formulate questions accrediting Materials: Script, Articles, Facts, Questions, Comments or discrediting the expert. They were then asked to Presented By: The Charles Fahy AIC, Washington, DC say how the judge should rule, and why. Following the Date: 11/9/2000 judges ruling, the audience was invited to comment. Materials: Script, Law, Comments, Articles P10973 The Ship Murder Case—1936 Presented By: The Sterry R. Waterman AIC, South Royalton, VT Summary: This program consisted of portions of a trial that Earl Date: 10/17/2000 Warren prosecuted in 1936. It was the last case he personally prosecuted. It is a marked contrast to criminal law decisions rendered by the Warren Court. Warren set a standard for honesty in Alameda County that continues to this day. Every procedure utilized by the police and prosecution to prepare and present the Ship Murder trial was legal at that time. Years later however, it is doubtful the case would make it to a jury. Materials: Script, Comments Presented By: The Earl Warren AIC, Oakland, CA Date: 5/17/2000

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P10979 Ethical Issues Raised by P11071 70 Years from Scottsboro the L. A. Rampart Scandal Summary: This two-part program dealt with the right to appointed Summary: This program used a skit to focus on police officers counsel of one’s choice and the use of peremp- being sued for violation of Civil Rights in regards to ✯ tory challenges to exclude minorities from the jury the L. A. Rampart scandal. After each act of the skit, pool. Part one, “The Trials of the Scottsboro Boys,” the audience was asked to discuss and then vote on dramatized events surrounding two early 1930s trials ethical issues that were raised during the performance. held in Scottsboro, Alabama. The right to meaningful, Materials: Script, Questions, Law competent representation by counsel was established. Presented By: The George McBurney Business Litigation AIC, Los Part two, “70 Years from Scottsboro,” involved a fictional Angeles, CA case set in modern-day Florida. The U.S. Supreme Date: 11/2/2002 Court held that the systematic exclusion of minorities from jury pools deprived the accused of his right to a P10986 University of Maryland v. Murray fair trial. A question-answer session and a relevant case Summary: This program was a reenactment of the historic case of law discussion followed. UMD v. Donald Murray. It involved the issue of whether Materials: Script, Bibliography, Questions, Video the University of MD Law School violated the law when Presented By: The D.R. Smith AIC, Ocala, FL it refused to admit Donald Murray as a law student who Date: 2/21/2002 was, in all respects, qualified except for the fact that he was an African-American. This case was Thurgood P11103 Sacco & Vanzetti Trial: You Were There Marshall’s test case, challenging the Board of Regents Summary: This program examines the circumstanes surrounding of the UMD Law School, which earlier had rejected the conviction and execution Sacco & Vanzetti. The Thurgood Marshall as a student. program demonstrates that the way in which the United Materials: Comments, Facts, Bibliography, Law States reascts to political violence or terorrism by individ- Presented By: The Montgomery County AIC, Rockville, MD uals considered foreigners is as relevant today as it was Date: 3/21/2001 when Sacco & Vanzetti were tried and executed. Materials: Script, Questions, Comments, Articles, Bibliography P11007 The Trial of Susan B. Anthony— Presented By: The Paca-Brent AIC, Annapolis, MD Fighting for the Right to Vote Date: 4/9/2002 Summary: This program re-enacted in abbreviated form, the June 1873 criminal trial of Susan B. Anthony in New York P11165 U.S. v. Shipp State. Ms. Anthony was tried for voting in a federal Summary: The focus of this program is the U.S. Supreme Court election at a time when women did not have the right to U.S. v. Shipp and its significance in American jurispru- vote under the United States Constitution. dence from the early 18th century to today. Through the Materials: Script, Comments, Facts, Documents, Bibliography, Law use of a skit, the program examined the issues of due Presented By: The Earl Warren AIC, Oakland, CA process and the advent of federalism. Date: 9/20/2000 Materials: Outline, Script, Law, Questions Presented By: The Thompson G. Marsh AIC, Denver, CO P11009 Beyond the Snake Pit: Date: 2/13/2003 Mental Illness and the Law Summary: This program focused on how the legal system P11206 The Constitutional Convention of 1787 has dealt with mental illness and the differences in Summary: This program was divided into three parts. The first treatment from 1947 up to the present. The presenta- part of this program set the scene for the Constitutional tion opened with a videotape of a scene from the 1947 Convention of 1787. After delegates introduced movie, “The Snake Pit”. Then, the team members acted themselves, there was a presntation about all the out courtroom scenes that depicted a civil commitment people in attendance at the Convention and the events proceeding, a famous Alameda County, CA case that leading up to it. The second part of the program was dealt with the insanity defense in a murder case and a devoted to an authentic recreation of some of the scene in a judge’s chambers where the public defender, debates at the Constitutional Convention of 1787. The district attorney and a mental health professional final part of the program was devoted to a debate on discussed the merits of a misdemeanor case involving the constitutionality of the War Powers Resolution, mental health issues. adopted by Congress in 1973. Materials: Script, Comments, Law, Facts, Bibliography, Documents Materials: Outline, Script, Articles, Handouts, Video Presented By: The Earl Warren AIC, Oakland, CA Presented By: The Garland Walker AIC, Houston, TX Date: 1/17/2001 Date: 12/2/2003

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P11214 Ex Parte Milligan P11284 Three Days Early: The Role of Lawyers in the Summary: The dramatization of Ex Parte Milligan is intended to Early Swearing-In of Lamar Alexander provide insight into a series of dramatic events in the Summary: The basis for this program is the three days early country’s history. It is also meant to explain a judicial swearing-in of Governor-elect Lamar Alexander to precedent that continues to be debated. Today, the NEW prevent Ray Blanton, the incumbent Governor from Milligan decision has received renewed attention in the granting commutations that were tainted by an ongoing discussions surrounding whether accused terrorists and federal clemency-for-cash investigation. The program unlawful combatants may be tried by military tribunals. focused on the roles that lawyers played, especially Materials: Outline, Script, Articles, Documents, Facts, Law, between January 15 and January 17, 1979. The Questions, Handouts lawyers’ activities were examined in the context of 1) Presented By: The Indianapolis AIC & The Sagamore AIC, the constraints of their offices; 2) the ongoing federal Indianapolis, IN grand jury investigation; 3) the intense media and public Date: 10/18/2003 scrutiny; 4) the lack of legal precedence; 5) the partisan political overtones; 6) and the absence of a personal P11240 The Queen Gets No Respect: relationship among the participants. The Attorney-Client Privilege from Materials: Script, Articles, Documents, Facts, Law, Handouts, Queen Elizabeth to Martha Stewart Video, Disc Summary: This original program addressed the erosion of the Presented By: The Harry Phillips AIC, Nashville, TN attorney-client privilege in the context of the Martha Date: 1/18/2005 Stewart trial, which was still ongoing when this program was presented. The program examined the origins of P11300 Reinforcing The Republic or the attorney-client privilege, and examined its develop- Denying Democracy?: ment in the United States. The program was based on A Haunting Tale of the Electoral College the premise that Queen Elizabeth traveled through time Summary: In this program, Founding Father James Madison paid to assist Marth Stewart in her trials and tribulations with a visit to a present-day history professor and a district the Department of Justice. The program analyzed the NEW court judge, both of whom were contemplating the pros Stewart indictment as well as the crime-fraud exception. and cons of the Electoral College. Lawyers argued The program also examined recent cases developing for and against the Electoral College before a district the attorney-client privilege and the DOJ position on judge. The audience was involved in the program by corporate waiver. the facilitator, Secretary of State Chad O’Dangle, who Materials: Script, Documents, Facts, Law, Handouts, Disc elicited opinions from the audience and took a vote on Presented By: The Villanova Law J. Willard O’Brien AIC, Villanova, PA whether or not to retain the Electoral College. Date: 2/10/2004 Materials: Script, Articles, Law, Handouts Presented By: The Sam A. Crow AIC, Topeka, KS P11262 On the 50th Anniversary of Brown v. Board: Date: 11/14/2004 Cultural Change Through Law and the Arts Summary: This program focused on the landmark decision of P11316 Historical Documents Brown v. Board of Education and the legal and cultural Summary: The program covered the development of law from NEW events leading up to and beyond the case. The basic Babylonia to current issues before the Supreme Court premise of this program is that lawyers understand NEW of the United States. There was a particular focus on social change more fully if they appreciate the cultural individual rights in the presentation, having traced those forces demonstrated in the art and the popular culture rights from the earliest legal systems to the Magna Carta, of the time. Specifically, this program looks at photog- the Bill of Rights, and the United States Constitution. raphy, music, film, and literature for insights as to how Materials: Outline, Script, Documents, Law, Disc these media captured the social events of the twentieth Presented By: The Garland Walker AIC, Houston, TX century, which culminated in the Supreme Court’s Date: 12/7/2004 reversal of Plessy v. Ferguson. Materials: Outline, Documents, Law, Handouts, Disc Presented By: The Hudson-Hall-Wheaton AIC, Tulsa, OK Date: 3/31/2004

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P11321 Ada Lois Sipuel v. Board of Regents of P11326 Injustices of the Supreme Court: The University of Oklahoma Principle, Prudence, or Politics? Summary: This program was about Ada Lois Sipuel’s legal struggle Summary: The program aimed to raise fundamental questions to be admitted as the first Black law student at the about the interplay among constitutional and common NEW University of Oklahoma’s College of Law. Four scenes NEW law principles, practical considerations or prudence, and from James Vance’s Halls of Ivory were performed. politics, in judicial decision-making. It achieved this by (Permission should be obtained from the playwright dramatizing three decisions of the Supreme Court of the before the program is performed.) The program also United States, each historical and controversial, reflect- included a multimedia presentation on the history of ing sensitive issues of the time. . The cases used were Blacks in America, and included the reciting of letters “Dred Scott v. Sanford”, “Korematsu v. United States” sent to the Oklahoma University president and to the and “Hamdi v. Rumsfeld. editor of a local newspaper. All necessary materials, Materials: Outline, Script, Facts, Law, Handouts including the contact information for the playwright’s Presented By: The Edward J. McFetridge AIC, San Francisco, CA agent, are included in the program materials. Date: 3/16/2005 Materials: Script, Articles, Law, Handouts, Disc Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 2/9/2005

P11322 War on Terrorism or War on Civil Liberties? Summary: This program focused on how war can cause the restric- tion or limitation of civil liberties. The program skit was NEW based on a fact pattern, set during the modern “War on Terror”, that involved a student of Middle Eastern descent who was arrested for violating an executive order. The program was loosely based upon the facts of Korematsu and the recent “enemy combatant cases” of Hamdi and Padilla. Materials: Script, Facts, Law, Handouts Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 3/2/2005

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P10590 Framers to Zippergate— P10669 The Constitution—Casualty of War Is this What Madison Really Meant? Summary: This well-researched program focused on the judicial Summary: The program concerned the role the bench and bar system’s response to the incarceration of Japanese play in preserving the First Amendment. The Inn ✯ Americans during World War II. The narrative was researched and presented actual examples of extreme presented in the first person format and consisted forms of speech in today’s society. One example entirely of actual quotes from those involved in the illustrated the legal ramifications that arose after the proceedings, both during and after the war. airing of Oprah Winfrey’s show on Mad Cow Disease. Materials: Script, Bibliography Materials: Articles, Bibliography, Facts Presented By: The Earl Warren AIC, Oakland, CA Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 5/20/1998 Date: 3/17/1998 P10670 Body Talk and the Eighth Amendment P10614 Liturgy or Litigation: The First Amendment Summary: The program discussed the relationship between Meets the Holiday Season organ donation and the death penalty. The show was Summary: This program examined the legal struggles involved in based on a hypothetical trial of a 15 year-old boy, dealing with the separation of church and state jurispru- with an extensive criminal history, who plead guilty to dence. The presentation addressed the controversy of murdering two homeless people. The judge sentenced featuring holiday displays on public property. the youth to death by way of the newly developed Materials: Facts, Law, Documents Harvest Technique, a method whereby the person is Presented By: The Volie A. Williams, Jr. AIC, Altamonte Springs, FL killed in such a way the that organs are preserved for Date: 12/3/1997 possible transplantation. The following issues were considered: 1) the appropriateness of imposing the P10636 The First Amendment and the Courtroom death penalty on a 15 year old; 2) the appropriateness Summary: The program concerned the appropriateness of of presuming consent to organ donations; and 3) the courtroom decorum. The following topics were balancing of religious beliefs against the needs and ✯ addressed: the rights of judges versus the rights of values of society as reflected by statutory enactments. jurors, litigants, and counsel; the role of judges as Materials: Facts, Questions, Law, Video civil servants; and the appropriate place of religion Presented By: The Owen Panner AIC, Portland, OR in American society (oaths of office, use of bibles at Date: 2/10/1998 ceremonial functions, appropriate attire for judges and attorneys). The Inn also viewed a videotape of a 20/20 P10774 This Little Light of Mine, segment on one judge’s fight to keep a plaque of the I’m Going to Let it Shine Ten Commandments in his courtroom. Summary: In an extrapolation of a recent Pennsylvania Supreme Materials: Articles, Law, Video Court decision, the pupilage group drafted a model Presented By: The Charlotte E. Ray AIC, Washington DC statute making it a summary offense for a driver to Date: 3/26/1998 flash their high beams. The group then presented a fact pattern that violated said statute and proceeded to P10641 The Tin Drum and the First Amendment litigate certain issues. Summary: This program addressed the controversial First Materials: Facts, Law Amendment issue concerning the academy award Presented By: The Pittsburgh AIC, Pittsburgh, PA winning film “The Tin Drum”. A group of Oklahoma Date: 12/1/1999 citizens brought the videotape to the attention of the police alleging that the film contained child pornography. P10844 Sex, Violence and the First Amendment The state judge found that the film did contain child Summary: The program examined the First Amendment’s protec- pornography and all tapes were seized from video stores. tion of pornographic and excessively violent forms of The Inn debated the social and legal issues surround- “artistic speech,” and if these precedents recognized ing the case. They addressed not whether the film was a distinction when children were the audience. The “obscene”, but whether it contained “child pornography”. hypothetical used to springboard these subjects Materials: Bibliography, Facts, Law involved a 15 year-old boy who raped and assaulted his Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK 11 year-old neighbor as a consequence of his involve- Date: 11/19/1997 ment in the “Gothic Culture.” Materials: Script, Law, Facts, Comments, Bibliography, Questions Presented By: The James Kent AIC, Hampton Roads, VA Date: 3/1/2000

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P10879 Controlling Sex and Violence in Hollywood— P10975 Charitable Choice: A Violation of the First Amendment Issues Separation of Church and State? Summary: Presented in a Jerry Springer format, the moderator Summary: In this hypothetical case, a public board of education brought out each participant one at a time. The guests collaborated with the education committee of a local included a troubled teenager who wrote a violent essay, Christian church. The collaborators used a federal grant his ditzy mother, a Hollywood producer, a Christian to create after-school counseling and tutoring services Coalition zealot and a psychologist. for youth. Members of the church provided the services. Materials: Facts, Articles There was no alternative source of such services in the Presented By: The George McBurney Business Litigation AIC, Los community and none was required under the Learning Angeles, CA Centers Law. A Jewish mother objected on behalf of her Date: 3/2/2000 son who needed counseling and tutoring. A principal issue was whether the federal government was funding P10939 Computers and the First Amendment the church in a way that violated the Establishment Summary: This was a three-act play examined the effect of Clause of the First Amendment. A skit was performed technology on the First Amendment. Issues included simulating a television newscast describing the dispute which court had the proper jurisdiction to decide that originated in Tennessee. cases concerning the first amendment, the role of Materials: Script, Comments, Bibliography, Articles community standards in determing whether material Presented By: The Judge Hugh Means AIC, Lawrence, KS was pornographic, the expectations of privacy, and Date: 3/15/2001 the difference between email and telephone and mial communication. P11002 Dateline AIC Materials: Script, Facts Summary: This program was based on the television news Presented By: The Justice William Glenn Terrell AIC, Tampa, FL program Dateline. To begin the presentation a member Date: 3/18/1997 introduced the topic, Megan’s Law. In short, Megan’s Law imposed reporting requirements on sexually violent P10963 Elder Law predators and provided neighborhood notification of Summary: This program was presented in a variety of forms a sexually violent predator’s residence. Megan’s Law including, questions posed to the audience, expert was subject to much controversy, especially relating panelist who corrected and/or expounded on the to the constitutionality of certain provisions. After the responses of the audience, lectures on a variety of introduction, interviews were conducted with actor- subjects and legal arguments in the form of a motion laypersons affected by the law, such as an individual hearing. A fact scenario sheet was placed at each table determined to be a sexually violent predator, a victim’s and members of the audience were instructed to discuss parents and neighbors of the sexually violent predator. their scenario. Shortly thereafter, they were required to Materials: Script, Comments, Articles, Law, Bibliography respond to questions from a member of their team. A Presented By: The Pittsburgh Chapter AIC, Pittsburgh, PA brief lecture was given on torts and remedies concerning Date: 4/29/2001 nursing home care for the elderly. A lecture was also given on the Tennessee Adult Protection Act, including P11051 USA Patriot Act a recent amendment, which provided for recovery of Summary: The program was a skit featuring the USA Patriot Act. attorney fees upon clear and convincing proof of abuse An attorney found himself in trouble with the government or exploitation of an elder person. after he tried to help an alien held without formal charges. Materials: Script, Questions, Facts, Bibliography Materials: Script, Facts, Law, Articles Presented By: The Harry Phillips AIC, Nashville, TN Presented By: The Alan J. Goldstein AIC, Montgomery County, MD Date: 3/20/2001 Date: 11/27/2001

P11074 Mock Senate Hearing for the USA Patriot Act Summary: The program presented a mock hearing where senators for and against the USA Patriot Act argued the constitutionality of certain provisions. Advocates argued that the provisions were necessary given the times in which we live. An opponent had a different view; his phones had been tapped, his computer usage and e-mail were traced, and he had been detained without contact with the outside world for an extraordinary amount of time. At the end of the program, questions, answers, and commentary were presented. Materials: Script, Law, Articles, Bibliography Presented By: The Patrick E. Higginbotham AIC, Dallas, TX Date: 11/14/2001

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P11075 The Patriot Zone: Responding to Terrorism P11095 Thou Shalt Not Endorse Religion after September 11 with the USA Patriot Act Summary: A case pending in U.S. District Court, Western District Summary: The program presented a vignette on the FBI’s of PA, was used as a platform to illustrate the theme ability to conduct search & surveillance activities to ✯ of religious freedom as guaranteed by the First intercept & obstruct terrorism. FBI agents asked a Amendment. The plaintiffs in Modrovich v. Allegheny federal magistrate to enter an order that allowed them Co. challenged a plaque entitled The Commandments, to search the home of a judge suspected of terrorist which was affixed to the outside wall of the county activities without notifying the suspect. The order courthouse in Pittsburgh. The case explored whether the was entered, and the agents lured the judge to FBI display endorsed religion or commemorated the historical headquarters for questions about his family physician. development of our legal system. The program consisted While the judge was being interrogated, and without of two main parts. First a debate explored issues arising notice or consent, his home was searched and records out of the Modrovich case and freedom of religion in of his activities were obtained and reviewed. After being general. The second part presented a mock television questioned by the FBI about the findings in his home, program, “Religiously Incorrect,” based loosely on the the judge asked to speak with his attorney. The FBI program Politically Incorrect. Each guest presented his agents recorded the conversation of judge and attorney position on religious freedom and answered questions without their knowledge. After the vignette, information prepared by the host. on the legal aspects of terrorism under the USA Patriot Materials: Script, Bibliography, Questions, Law, Articles, Facts Act was presented. Presented By: The Pittsburgh AIC, Pittsburgh, PA Materials: Script, Articles, Law Date: 1/17/2002 Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 2/20/2002 P11101 Should Violent Political Threats be Constitutionally Protected? P11092 Read the Preamble Summary: The program was presented in the format of a Summary: Vignettes based on true experiences focused on Nightline: Special Edition. It examined First Amendment the Preamble to the Model Code of Professional protection for threats of violence in the midst of the civil Responsibility. The first vignette dealt with allegations rights movement and threats of violence in the midst of from two independent sources against a lawyer that the abortion debate. involved how inappropriately the lawyer had expressed Materials: Script, Articles herself. The second vignette featured a lawyer who Presented By: The George McBurney Business Litigation AIC, plotted to take money from his firm’s trust account for Los Angeles, CA personal use. The third involved a lawyer who showed Date: 6/7/2001 up in court and smelled of alcohol. Materials: Script P11120 You Have the Right…or Do You? Presented By: The Judge William R. Overton AIC, Little Rock, AR Summary: Using three skits, this presnetation focused on the Date: 2/19/2002 4th, 5th, and 6th amendments to the United States Constitution. The first skit portrayed a search at the P11094 First Amendment: Burning Questions airport, the second, a vehicular homicide case, and the Summary: The program focused on a hypothetical statute, the third an energy company and accounting firm under “Anti-American Expression Act of 2001.” It alleged federal investigation and their eventual indictment. violations of (flag burnings on street corners and a Materials: Comments virtual flag burning e-mail virus) that culminated in Presented By: The Pittsbrugh AIC, Pittsburgh, PA a mock argument before the U.S. Supreme Court. A Date: 3/21/2002 citizen was convicted for knowingly and intentionally desecrating the national flag. Justices were interviewed P11121 Second Amendment: regarding this matter and conceded that the citizen’s Inalienable Right or Anachronism? conviction was inconsistent with the First Amendment. Summary: This program addressed two topics. First, it examined Materials: Script, Questions, Law, Bibliography the debate over the meaning of the Second Amendment Presented By: The Pittsburgh AIC, Pittsburgh, PA in today’s society and whether the “right to bear arms” Date: 11/15/2001 means an absolute right to own firearms or means something more akin to the interpretation supported by gun control advocates. Second, it examined these issues in the context of events after 9/11. Materials: Script, Law, Articles Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 2/21/2002

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P11141 O Lawyer, Where Art Thou? P11173 Our Flag—Our Pledge Summary: This musical skit, based loosely on the theme and Summary: The program examined the history of the Pledge of music of “O Brother, Where Art Thou?”, addresses the Allegiance, and how it has been a subject of controvery potential and actual conflicts between First Amendment in our schools and courts. The presentation was staged free speech rights and selected ethical rules and judicial as a play and was set in a darkened courtroom and cannons. The skit features three vignettes, interspersed examined changes in the wording of the pledge and with a narrator’s introduction, drew on facts from actual the reasons behind the changes. The narrator of the cases decided in state and federal courts around the play guided the audiience throught a series of short country. A discussion on the various issues rasied by vignettes reflecting the history of the pledge. The play each performance, follwed each skit. closed with vignettes which addressed the recent 9th Materials: Script, Comments, Bibliography Circuit decision holding that the inclusion of the words Presented By: The AIC of Acadiana, Lafayette, LA “Under God” as impermissible. Date: 10/17/2002 Materials: Outline, Script, Law Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK P11169 50 Minutes: The Shrinking Bill of Rights Date: 3/26/2003 Summary: The program, modeled after the television program 60 Minutes, focused on the need to balance the legitimate P11206 The Constitutional Convention of 1787 needs of law enforcement with the guarantees of the Bill Summary: This program was divided into three parts. The first of Rights. The first segment examined the circumstances part of this program set the scene for the Constitutional surrounding the arrest of a naturalized American citizen Convention of 1787. After delegates introduced who was alleged to be an “enemy combatant”. The themselves, there was a presntation about all the program evolved with interviews between the wife and people in attendance at the Convention and the events her legal counsel, interviews with special FBI agents, leading up to it. The second part of the program was and other individuals of interest. The audience learned devoted to an authentic recreation of some of the the nature of the power of the government to deem an debates at the Constitutional Convention of 1787. The American citizen as an “enemy combatant”. final part of the program was devoted to a debate on Materials: Script, Articles, Facts, Law the constitutionality of the War Powers Resolution, Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK adopted by Congress in 1973. Date: 10/12/2002 Materials: Outline, Script, Articles, Handouts, Video Presented By: The Garland Walker AIC, Houston, TX P11170 Curve Ball: Addressing the Freedom of Date: 12/2/2003 Speech—Prayer in a Public Forum and on License Plates P11211 One Nation Under God: America Examines Summary: This program, modeled on the CNBC news program the Separation of Church and State Hardball, tackled difficult issues related to the freedom of Summary: This program examines the Establishment Clause of speech. The first topic was prayer in public schools, and the First Amendment to the United States Constitution. the second topic was recent Oklahoma legislation allowing It is a travel through history from Biblical times to the freedom of expression on license plates. The moderator present and includes comments from Moses, Benjamin reviewed federal and state constitutional protections and Franklin, and Justice Roy Moore. The handouts for the relevant court decisions addressed by both topics. program include material from court cases, the text of Materials: Script, Articles, Law, Bibliography a speech by Alabama Attorney General Bill Pryor, and Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK a newspaper article about the United States Supreme Date: 11/12/2002 Court. The discussion portion of the program focused on various ethical considerations raised by the issues P11171 Mr. Smith Goes To Dreamland: in the presentation. A Constitutional Nightmare Materials: Outline, Script, Aritcles, Documents, Questions, Handouts Summary: This program examined rights under the Second, Presented By: The Temple AIC, Philadelphia, PA Third, and Seventh Amendments to the United States Date: 11/19/2003 Constitution. It took a different approach by examining the historical significance of each right in revolutionary times, in the 1960s and in the near future. The vignettes examined relevant case law and included excerpts from historical characters and Justices. Materials: Script, Articles, Law Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 1/15/2003

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P11237 Where’s the Patriot Act: Part I & II P11244 Civil Unions and Same-Sex Marriages Summary: This program focuses on the right of Congress and Summary: This program was a summary of the development on the President to balance the needs for security versus the issues of civil union and same-sex marriages since personal freedoms and civili liberties, through the Patriot the 1993 Hawaiian Supreme Court decision. It featured Act and Executive Orders and related acts. The first part a debate on the pros and cons of gay marriage, a moot of the program covers a US District court case which court argument before the U.S. Supreme Court with three winds up in the US Supreme Court. The second part of arguments in favor and three against. The programs does the program includes an oral argument before the US a good job dealing with a current topic and keeps the Supreme Court and those justices in deliberation. audience involved with the moot court format. Materials: Script, Articles, Documents, Law, Questions, Handouts Materials: Articles, Documents, Handouts Presented By: The D. R. Smith AIC, Ocala, FL Presented By: The University of Pittsburgh Law School AIC, Pittsburgh, PA Date: 2/19/2004 Date: 3/11/2004

P11241 Religious Expression in Public Schools P11262 On the 50th Anniversary of Brown v. Board: Summary: In keeping with the Inn’s year-long theme of youth and Cultural Change Through Law and the Arts the law, the presentation focused on religious expres- Summary: This program focused on the landmark decision of sion within the context of public schools. The program Brown v. Board of Education and the legal and cultural featured a debate between two experts, one from the NEW events leading up to and beyond the case. The basic ACLU and the other from the Alliance Defense Fund. premise of this program is that lawyers understand The audience got involved as each table argued a social change more fully if they appreciate the cultural position on various scenarios handed out to each table forces demonstrated in the art and the popular culture and drawn from recent cases involving religious expres- of the time. Specifically, this program looks at photog- sion in public schools. raphy, music, film, and literature for insights as to how Materials: Facts, Law, Questions, Handouts these media captured the social events of the twentieth Presented By: The Earl E. O’Connor AIC, Overland Park, KS century, which culminated in the Supreme Court’s Date: 2/10/2004 reversal of Plessy v. Ferguson. Materials: Outline, Documents, Law, Handouts, Disc P11242 Freedom Under Surveillance Presented By: The Hudson-Hall-Wheaton AIC, Tulsa, OK Summary: Educating lawyers and the general public about the Date: 3/31/2004 FISA courts and the general impact terrorism legislation has on fundamental personal liberties is the objective P11264 Brown v. Board of Education: 50th Anniversary of this program. A town hall approach to the discussion Summary: This program examined several aspects of Brown v. Board was used to avoid trivializing any of the issues. Topics of Education: 1) The state of the law and society before were discussed in point-counterpoint format to keep the NEW Brown; 2) the events that led up to the decision; 3) the program balanced. decision itself and how the judges reached unanimity; Materials: Script, Articles, Documents, Law, Handouts 4) the reaction to the decision; and 5) its legacy. Before Presented By: The Earl Warren AIC, Oakland, CA the program, each member was given a red or blue card Date: 4/16/2003 and seated according to that color. Each member also received a quiz that tested his or her knowledge of the P11243 800 Years of Habeas Corpus Brown case. After the program, answers to the quiz were Summary: The program addresses the origin, development and provided and a group discussion was initiated. occassional suspension of the writ of habeas coprus. Materials: Outline, Script, Documents, Questions, Handouts, Disc Patterned after the History Channel and using period Presented By: The University of Pittsburgh Law School AIC, Pittsburgh, PA music, cosutmes and a PowerPoint program prjecting Date: 4/15/2004 historical figures and events, the program begins with King John signing the Magna Carta and ends with Jow Padilla and other detainees of the war on terrorism.The program is the second part in a two-part series examining the impact of legislation dealing with terrorism on personal liberties. Materials: Script, Articles, Documents, Law, Handouts, Disc Presented By: The Earl Warren AIC, Oakland, CA Date: 1/21/2004

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P11280 The Separation of Church and State P11300 Reinforcing The Republic or Summary: The program focused on contemporary issues arising Denying Democracy?: out of the separation of church and state. The program A Haunting Tale of the Electoral College NEW included a panel of religious leaders and scholars from Summary: In this program, Founding Father James Madison paid various backgrounds and traditions. The audience was a visit to a present-day history professor and a district involved in the discussion through the use of an electronic NEW court judge, both of whom were contemplating the pros polling system. The program started with a brief introduc- and cons of the Electoral College. Lawyers argued for tion of some of the historical issues and background. and against the Electoral College before a district judge. The next part of the program dealt with cases on appeal The audience was involved in the program by the facili- before the Supreme Court of the United States and the tator, Secretary of State Chad O’Dangle, who elicited case of Justice Roy Moore. After the audience voted on a opinions from the audience and took a vote on whether couple of issues, the panel discussed the results and the or not to retain the Electoral College. core issues addressed by the question. Materials: Script, Articles, Law, Handouts Materials: Articles, Law, Questions, Handouts, Disc Presented By: The Sam A. Crow AIC, Topeka, KS Presented By: The Patrick E. Higginbotham AIC, Dallas, TX Date: 11/14/2004 Date: 11/10/2004 P11305 Gay Marriage: What Can We Expect P11289 The Pledge of Allegiance From the Court of Appeals? Summary: The legal focus of this program is the Establishment Clause Summary: The focus of this program was the status of the law of the First Amendment to the United States Constitution, legalizing same-sex marriages in Maryland. The mission NEW and more specifically on the case Elk Grove v. Newdow. NEW was to highlight the impact of such a law given that a After two brief scenes, and a discussion led by a visiting case challenging the state’s constitution is pending in professor that addressed how other jurisdictions and lower Baltimore, Maryland. Team members made presenta- courts dealt with the issue, the program finished with an tions on five areas of law impacted by the legalization of abridged version of the sermon delivered by Reverend same-sex marriages: divorce; estates and trusts; taxes; Docherty in February, 1954 in Washington D.C. that is torts; and the spousal privilege not to testify. credited with solidifying support for the addition of the words Materials: Articles, Documents, Law, Handouts “under God” to the Pledge. Presented By: The Montgomery County AIC, Rockville, MD Materials: Outline, Script, Documents, Facts, Handouts Date: 1/11/2005 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 11/18/2004 P11334 The Law in Times of Crisis: Possible Revisions to the USA Patriot Act Summary: This program addressed potential recommendations for revisions to the USA Patriot Act to be made by a NEW fictitious citizens group, Americans for Freedom and Security. The bylaws of the AFS provided that discussions of such proposals are to be conducted in town hall format. One team member was the Chief Examiner, while the rest of the team presented suggestions for loosening or tightening the provisions of the USA Patriot Act. The Chief Examiner consulted with the AFS membership, the program audience, and made a recommendation. The AFS membership voted on whether to adopt or reject the proposal. Materials: Outline, Documents, Facts, Law, Handouts Presented By: The George Washington AIC, Washington, DC Date: 10/21/2004

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P11081 Mentoring: Are Your Promising Young Lawyers P11164 From the Inn to the Internet: The Past, Present Receiving the Necessary Guidance and Future of Legal Education in America to Become Good Old Lawyers? Summary: The program is an overview of the past, present, and Summary: This program explored how mentoring can be made future of legal education. The topic is presented in two more effective. The discussion focal points were “Why one-hour segments. The first segment provides an is there a need for mentoring and what is it; what types overview of the history of legal education. The second of mentoring are occurring and are they working; and segment looks at the future of legal education first what can be done to improve mentoring programs?” through the lens of a mock appellate argument, and Materials: Script, Questions second, the comments of a University President. Presented By: The University of Pittsburgh AIC, Pittsburgh, PA Materials: Outline, Articles, Facts Date: 2/21/2002 Presented By: The William J. Holloway, Jr. AIC, Okalhoma City, OK Date: 3/12/2003 P11089 My Fair Mentor Summary: The program was designed to identify and promote P11200 Building Your Reputation understanding of the key components and potential Summary: This presentation is designed to give more experienced obstacles to a successful mentoring relationship. Taking lawyers and younger lawyers an opportunity to share roles from the musical My Fair Lady, participants either experiences and ideas as they adress tough questions encouraged or frustrated mentoring. The program’s that frequently arise in the practice of law. Each of the three acts addressed how to find and select a mentor dilemmas posed to the audience came from situations and set goals, practical obstacles to mentoring, and the in real cases. It is important to note that there are no impact of a successful relationship on both mentor and right or wrong answers to each of the dilemmas. the mentored. Discussions followed each act. Materials: Outline, Facts, Questions Materials: Script Presented By: The Judge John Scheb AIC, Sarasota, FL Presented By: The Earl Warren AIC, Oakland, CA Date: 10/14/2003 Date: 10/17/2001 P11317 Mentoring: The Bridge for the Generation Gap P11091 Mock Trial Coaching: Summary: This program allowed younger attorneys to share Hardships, Success, and Lessons Learned their experiences with different types and styles of Summary: The program focused on the work accomplished by NEW mentoring. The program began with the distribution a high school mock trial team. It showed the issues of a survey introducing the issues associated with involved in each case, what the students learned about mentoring. After some additional introductory remarks, the legal profession, and what the coaches learned the team presented a skit that highlighted the perceived about current teen-age thinking. As the student teams generation gap, but also demonstrated how it could studied a hypothetical case, conducted legal research, be alleviated with proper mentoring. The program was and received guidance from volunteer attorneys on also a good opportunity for more experienced attorneys courtroom procedures and trial preparation, they to give positive feedback and offer ideas on how to acquired a working knowledge of the judicial system. approach problems with other senior attorneys. Materials: Script, Documents, Facts, Law, Video Materials: Outline, Script, Articles, Handouts Presented By: The Owen M. Panner AIC, Portland, OR Presented By: The Ewing T. Kerr AIC, Cheyenne, WY Date: 4/9/2002 Date: 2/7/2005

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P10052 Ethical Jeopardy P10225 Evidence Jeopardy Summary: The program included a pupilage team competition Summary: The program was based on the jeopardy game show, based on the Jeopardy game show. The questions and Inn members were given answers to questions on were based on the DC Rules of Professional Conduct the law of evidence to which they provided the questions. and the Code of Conduct for U.S. Judges. The competi- The program included rules from both the Federal Rules tion was conducted on an open-book basis. of Evidence and the Kansas Rules of Evidence. Relevant Materials: Questions authority and explanations were provided. Presented By: The Prettyman-Leventhal AIC, Washington, DC Materials: Script, Questions, Law Date: 9/26/1991 Presented By: The Sam A. Crow AIC, Topeka, KS Date: 5/24/1993 P10080 The Hearsay Exception Bowl Summary: The program required the Inn to be divided into teams P10236 Rules Bowl to compete in a “Hearsay Tournament.” Both the Florida Summary: The program was based on the format of the College Bowl and the Federal Rules of Civil Procedure were used television program. Inn members were separated into to develop questions and answers involving hearsay pupilage teams and answered questions on the recent exceptions; many of the questions were based on changes to the Federal Rules of Civil Procedure. Copies recent appellate court rulings. A moderator posed the of the changes were distributed prior to the Inn meetings, questions to the teams and gave points based on the and members were encouraged to study the changes. A difficulty level of the question. Rulings were judged panel discussion, held following the Rules Bowl, focused based on answers prepared by the teams beforehand. on anticipated problems with the changes. Materials: Questions, Law Materials: Questions, Law, Articles Presented By: The Pensacola AIC, Pensacola, FL Presented By: The Luther L. Bohanon AIC, Oklahoma City, OK Date: 2/16/1993 Date: 1/19/1994

P10088 Ethical Jeopardy P10241 Ask Justice Jeopardy Summary: The Inn separated into eight teams and competed Summary: The program was presented in the Jeopardy game show in a Jeopardy-style tournament. The six areas of format. Inn members were separated into pupilage teams ethics questions were “Lawyers and Their Clients,” and answered questions from five categories: “Latin “Confidences,” “Ethics Grab Bag,” “Judicial Duties,” Phrases,” “The Law in Movies,” “Rules of Procedure/ “Judicial Rules” and “Conflicts.” Evidence,” “Legal Potpourri” and “Jury History.” Materials: Questions Materials: Questions Presented By: The Earl E. O’Connor AIC, Overland Park, KS Presented By: The William R. Overton AIC, Little Rock, AR Date: 9/21/1993 Date: 3/15/1994

P10159 Legal Jeopardy P10327 Professional Jeopardy II Summary: The program included a pupilage team competition Summary: The program was presented in the Jeopardy game based on the Jeopardy game show. The competition, show format. The categories were “San Diego Legal held on an annual basis, included questions from all History,” “Gender Bias,” “Discipline,” “Licensing,” “Ethics, areas of the law and relied on a three-judge panel to Professionalism and Civility,” “Conflicts of Interest,” settle disputes. “Sanctions,” “Substance Abuse,” “Client Trust Bank Materials: Questions Accounts,” “Attorney Fee Agreements,” “Legal Malpractice,” Presented By: The Justice William Glenn Terrell AIC, Tampa, FL “MCLE,” “Regulation of Professional Conduct,” “Drunk Date: 12/13/1993 Driving,” “Famous Cases” and “Lawyer Advertising.” Materials: Questions, Law, Articles, Bibliography P10209 Law Bowl Presented By: The Louis M. Welsh AIC, San Diego, CA Summary: The Inn separated into eight teams and competed Date: 3/8/1995 by answering questions pertaining to Supreme Court history. In the 90-minute period, each team was asked four rounds of questions. One final question was asked of all the teams after the teams had wagered all or part of their accumulated points. Materials: Questions Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 1/18/1994

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P10335 Lawyers’ Jeopardy: Ethical Questions P10479 Legal Jeopardy Summary: This program used the traditional format of the popular Summary: This program was a computerized version of the TV game show Jeopardy. The questions concerned issues game show Jeopardy. The format consisted of 12 dealing with professional ethics. The categories were categories, with 20 questions/answers each (half 1) The Law Always Has an Answer, 2) Laws and the for “Jeopardy” and half for “Double Jeopardy”). The Arts, 3) The Jury, 4) Traps for the Unwary, and 5) Ethics category/value boards were generated by a PC table. Questions. During the Final Jeopardy Round, partici- The answers were fed from computer disk into the pants were asked to identify famous legal quotations. tables. The boards were projected from a laptop After the five categories were played, the two teams with computer projector onto a movie screen and the the highest point total went on to the “sudden death” final “contestants” selected categories and dollar values round. Judges were asked to settle disputes on answers. while viewing the entire board. Seven film clips from Materials: Questions, Comments memorable courtroom movies formed the basis of Presented By: The Boston AIC, Boston, MA “Video Daily Double”. These clips were shown on a Date: 11/21/1995 large monitor via VCR hook-up. Materials: Questions P10353 Ethical Jeopardy Presented By: The Pittsburgh AIC, Pittsburgh, PA Summary: This program, done in a Jeopardy-style format, Date: 3/20/1996 presented questions focusing on ethical issues. The questions were generated from the D.C. Rules of P10492 Hearsay: What Do You Know? Professional Conduct and the U.S. PTO Rules of Summary: This program was centered around a game show Conduct. The categories were 1) Attorney-Client format and dealt with the Vermont Rules of Evidence Relationships and Communications; 2) PTO Rules; 3) (almost identical to the Federal Rules of Evidence) Rule Conflicts-Client Conflict and Subject Matter Conflicts; 4) 803, 804, and 804a were highlighted. After a spokes- Advocacy and 5) Mixed Bag-Miscellaneous Category. person was chosen for each group, a moderator posed Materials: Questions, Bibliography, Comments scenarios/questions with multiple-choice answers. Presented By: The Giles S. Rich AIC, Washington, DC Each question was visually available through the use of Date: 11/29/1995 an overhead projection. Materials: Facts, Script P10354 Evidence Jeopardy Presented By: The Sterry R. Waterman AIC, South Royalton, VT Summary: The program was presented in the Jeopardy game Date: 2/10/1997 show format. The categories were “Hearsay,” “Opinion Testimony,” “Impeachment, ‘’ “Testimony Involving P10544 Legal Jeopardy Children,” “Character Evidence,” “Privileges,” “Method/ Summary: This program was presented in the Jeopardy-style format. Scope of Examination” and “Potpourri.” This Inn gave The questions concerned issues relating to professional bonus points for the selection of the hidden bonus ethics and covered such topics as conflicts of interest, question on the game board and after giving a correct client trust bank accounts, attorney advertising, attorney answer, giving a real-life example involving the point of fee agreements, sanctions, and substance abuse. law at issue. A panel of judges was used for appeals on Materials: Articles, Facts disputed answers. Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Materials: Questions, Law, Comments Date: 4/16/1996 Presented By: The Earl E. O’Connor AIC, Topeka, KS Date: 3/21/1995 P10617 What’s Your Objection? Summary: This program tested member’s knowledge and instincts P10399 Objection! on evidentiary questions in a contest that encouraged Summary: This playful exercise was aimed to improve trial friendly collaboration among members of competing skills and knowledge of the rules of evidence with teams. The format was borrowed from the Hollywood an emphasis on hearsay exceptions. The players Squares television show in which a team leader would assumed the role of defense lawyer in a criminal select a square on the grid, and the judge posed an murder trial. Questions were posed to the defense evidentiary question to the corresponding placeholder. lawyers to determine whether the question was The player either gave a valid answer or elaborated on objectionable and, if objectionable, which objection a plausible-sounding but incorrect bluff. The team then was most appropriate. The federal rules of evidence discussed and announced whether it agreed with the controlled the correctness of answers. placeholder’s answer. The process was repeated until Materials: Facts the board showed three X’s or O’s in a row. Presented By: The Family Law AIC of Tampa Bay, Tampa, FL Materials: Questions Date: 12/13/1995 Presented By: The New York County Lawyers’ Association AIC, New York, NY Date: 9/29/1997

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P10672 Jeopardy P10783 Informal Discovery Jeopardy Summary: The game-show style program concentrated on eviden- Summary: The group hosted a Jeopardy-style game centered tiary issues. At the beginning of dinner, each table around informal discovery. The categories included received an envelope that contained answers for the “Inn-vestigations,” “Inn-ternet,” “Inn-side Company first, second and final rounds of evidence jeopardy. A Contacts,” “Inn the Shredder” and “Inn-discretions.” correct response in the form of a question was required Materials: Questions, Articles, Law to win points. Presented By: The George McBurney Business Litigation AIC, Los Materials: Questions Angeles, CA Presented By: The Centennial AIC, Flint, MI Date: 6/10/1999 Date: 1/23/1998 P10802 Hearsay Jeopardy P10691 Ethical Feud: An Exercise in Avoiding Pitfalls Summary: Based after the popular game show, this program Summary: The program, loosely based on the television game- questioned its contestants on a wide range of catego- show Family Feud, examined various ethical issues ries dealing with the keys to hearsay. Each question such as gender bias and conflicts of interest. Recent was answered incorrectly first to allow the moderator a ethical cases were used as reference materials. chance to explain the error. Materials: Law, Script, Questions Materials: Questions, Law, Facts Presented By: The Blackstone AIC, Des Moines IA Presented By: The Hudson-Hall-Wheaton AIC, Tulsa, OK Date: 10/24/1997 Date: 2/16/1999

P10695 It’s All in the Game— P10803 Hollywood Squares— Tuning In the Legal Ethics Channel Puget Sound Inn of Court Style Summary: This program utilized game show formats to present Summary: The emcee for the program divided the Inn members legal and ethical situations in a manner that would into four teams for an entertaining game of Hollywood ✯ seize the audience’s attention and generate spirited Squares. The questions, dealing with a wide range discussion. It used “The Dating Game” to identify of legal issues, where presented to the “celebrities” to issues surrounding the courtship and retention of determine the correct response. The format was an attorneys by perspective clients, “The Newlywed Game” effective way to involve the entire Inn. to highlight the conundrums associated with attorney/ Materials: Questions client relationships, and “Family Legal Feud” to focus on Presented By: The Puget Sound AIC, Tacoma, WA the games played in settlement conferences and those Date: 2/22/1999 played by counsel during trial. Materials: Comments, Script, Questions, Law P10814 A “You Be the Judge” Quiz Show Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Summary: Following the basic premise of a quiz show, the Date: 9/22/1998 program pitted “experts” against one another to answer questions covering all aspects of law. The program P10750 You Ain’t From Around Here, Are You? includes the questions and the case law references. Summary: The program followed the Jeopardy format to allow Materials: Questions interaction between the Inn members and the present- Presented By: The Cumberland County AIC, Cumberland County, PA ers. The questions dealt with local laws, chancery and Date: 2/4/1999 unwritten laws. Materials: Questions, Law P10840 Legal Jeopardy Presented By: The Harry Phillips AIC, Nashville, TN Summary: In this program, members of the Inn played Legal Date: 3/16/1999 Jeopardy; answering eighty-five questions in seventeen categories over three rounds. The categories dealt with P10773 Legal Jeopardy a wide range of issues, including Constitutional law, Summary: This program tackled a variety of legal issues in the ethics and famous appointments. style of the game show Jeopardy. Categories included Materials: Questions, Bibliography Famous Trials, Death & Taxes, Executive Privilege and Presented By: The Franklin AIC, Columbus, OH Latin Phrases. Date: 3/11/1999 Materials: Comments, Questions Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 10/21/1999

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P10846 Game Show Night P10884 Who Wants to be an Ethical Millionaire? Summary: A joint presentation by two Inns, this program discussed Summary: A satire of the popular game show, this presentation a plethora of legal subjects through variations of the followed an extensive script of the show as quirky game shows Jeopardy and Family Feud. Some of the contestants attempted to climb the ethical ladder to subjects discussed were evidence, famous lawyers and reach the highest level of ethics: Atticus Finch. The the Supreme Court. topics for the questions focused on communications, Materials: Questions specifically with fees, settlements, disgruntled clients Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK and clients’ funds. Date: 2/9/2000 Materials: Script, Questions, Law Presented By: The Honorable Benjamin Aranda, III, AIC, Torrance, CA P10847 Differences in State and Federal Date: 2/16/2000 Rules of Procedure Summary: In the style of “Who Wants to Be a Millionaire”, P10891 Objections/Rules of Evidence contestants Bill Clinton, Austin Powers and Geraldo Summary: The program began with a brief talk on the rules of Rivera answered questions on the differences in rules evidence by a former Federal Public Defender. The displayed on a large screen using slides. talk was followed by a game show where evidentiary Materials: Law questions drafted by pupils and associates were Presented By: The Hudson-Hall-Wheaton AIC, Tulsa, OK presented to the audience via PowerPoint presentation. Date: 2/17/2000 Materials: Script, Articles, Comments, Bibliography, Documents, Law P10861 Corporate Compliance: Presented By: The Edward Bennett Williams AIC, Washington, DC Who Wants to Be a Millionaire Defendant? Date: 11/16/2000 Summary: The topic of this program was corporate compliance and matters relating to mitigation of punishment under P10892 Who was that Justice? the US Sentencing Guidelines for Organizations. Summary: This program was a competition where members of the Modeled after the popular game show, contestants presenting team read a series of clues to the identity of were shown animated slides with increasingly difficult present or former justices of the Supreme Court of the questions. Those who missed a question were indicted. United States. The clues included references to one or Materials: Script, Questions more significant civil rights cases in which the justice Presented By: The Edward Bennett Williams AIC, Washington, DC authored a notable majority or dissenting opinion or Date: 1/20/2000 biographical information. Materials: Script, Comments P10870 Who Wants to Be a Millionaire Lawyer? Presented By: The Charles F. Greevy, Jr. AIC, Williamsport, PA Summary: A variation on the popular game show, this program Date: 9/27/2000 pitted pupilage groups against one another. The questions pertained mainly to the state and federal P10896 Legal Survivor courts of Louisiana, but they can be easily modified for Summary: The theme of the program was “Employment Law other jurisdictions. Survivor” and was based on the Survivor television Materials: Questions, Script show. Pupilage groups were divided into “tribes” Presented By: The Wex S. Malone AIC, Baton Rouge, LA and named to fit the Survivor theme. The tribes then Date: 2/24/2000 competed using legal questions to be the last surviving tribe on the island. P10878 Who Wants to Be an Evidentiary Millionaire? Materials: Script, Questions, Bibliography Summary: The goal of this program was to entertain and educate Presented By: The Robert P. McGrath AIC, Martinez, CA simultaneously. Representatives from groups of Inn Date: 10/1/2000 members took the “hot seat” to answer evidentiary questions, which progressively increased in the degree P10900 Who Wants To Win a Quarter? of difficulty. Summary: This program was presented in the format of the Materials: Questions popular game show Who Wants to Be a Millionaire? Presented By: The George McBurney Business Litigation AIC, Los The program dealt with various issues surrounding the Angeles, CA termination of attorney/client relationship. Date: 2/3/2000 Materials: Script, Comments, Questions, Articles, Law Presented By: The Justice William Glenn Terrell AIC, Tampa, FL Date: 4/18/2000

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P10913 Surviving Incivility P10942 Survivor: The Compleat Lawyer Summary: This program was a parody of the popular television Summary: The program was modeled after the popular Survivor program Survivor and explored some of the routine television series. Four lawyers competed to become situations in practice, which brought out incivility among ✯ the “Compleat Lawyer”. The term “compleat” was not lawyers. Alternative responses were explored during defined to the pupilage teams or tribes. The tribes discussions of the various scenarios making this were allowed to consider the work ethic, responsibility program an excellent teaching tool. to clients, personal responsibility, civic or community Materials: Script, Articles, Questions activities, interaction with office staff and other lawyers Presented By: The Temple AIC, Philadelphia, PA and general well roundedness of each lawyer in making Date: 11/8/2000 their decisions. The lawyers faced a number of crises and personal challenges to test their compleatness. P10921 Who Wants To Be an Expert Witness Materials: Script, Bibliography, Comments Summary: This program focused on Daubert v. Merrell Dow Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Pharmaceuticals, the landmark case for reliability Date: 1/17/2001 standards for the admission of expert testimony. The program based upon the popular television game show, P10948 Ethical Squares Who Wants To Be a Millionaire, consisted of three Summary: The program was a spin-off of the television show, rounds of questions from simple to the most difficult in Hollywood Squares. The game was played with nine the third round. members of the Inn of Court team as celebrity contes- Materials: Script, Questions, Articles, Bibliography, Comments tants, two contestants chosen from the audience, Presented By: The William S. Sessions AIC, San Antonio, TX a game show host and an announcer. The team Date: 1/25/2001 members drafted questions to be presented by the host to the contestants, who were each trying to win a tic- P10925 Who Wants To Be A Lawyer? tac-toe board. Summary: This program was modeled after the hit television show, Materials: Script, Questions, Comments, Articles Who Wants to be a Millionaire?. Groups were divided Presented By: The Warren G. Ferguson AIC, Orange, CA by tables. Qualifying questions were posed in the same Date: 11/14/2000 manner as those posed on the television show. There were eight games so that several members of the Inn P10949 Quick Thinking— could compete. The contestants were required to answer 5 Seconds For Your First and Final Answer questions on topics ranging from substantive areas of the Summary: Ethical and evidentiary decisions all too often need to law to Florida Legal History. The program group ranked be made quickly. In this program the participants were each of the questions according to difficulty at one of the ✯ challenged to make decisions in real time that, at every following levels: 100- Pass LSAT, 200-Admittance to Law turn, determined how they would proceed based on School, 300-Survive 1st Year Law School, 400- Make those decisions. The realism explored how prepared Law Review, 500-Graduate Law School, 600-Pass Bar the participants were to resolve quickly the issues Exam, 700-Land Great Job as Associate, 800-Make presented. This program highlighted the lesson that Partner in Prestigious Law Firm. cases can be significantly influenced by the quality of a Materials: Script, Questions, Comments quick decision. Presented By: The First Central Florida AIC, Orlando, FL Materials: Script, Articles, Comments, Questions Date: 5/15/2000 Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 9/19/2000 P10940 Who Wants to be an Ethical Millionaire? Summary: Modeled after “Who Wants to be a Millionaire”, P10961 Law Office Management and Legal Ethics members were asked questions on ethics. The contes- Summary: This presentation had a Survivor theme. The teams tants were required to consult a lifeline on several of were divided into four groups and each group chose a the questions. Sometimes the lifeline would supply a subject related topics and prepared a set of multiple- detailed explanation of a correct answer. Other times choice questions for the participants to answer. The the question and lifeline were intended to eliminate participants were divided into tribes. After the groups the contestant so another could be brought in from the reviewed the answers with the tribes, a tribe was voted audience. out by the tribe members based on the number of Materials: Script, Questions, Articles incorrect answers or for strategic reasons. The theory Presented By: The Louis M. Welsh AIC, San Diego, CA was that only one tribe would survive. Date: 9/21/2000 Materials: Script, Questions, Articles, Bibliography Presented By: The Vassar B. Carlton AIC, Melbourne, FL Date: 10/4/2000

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P10993 Who Wants To Be A Millionaire? P11005 Who Wants To Be A Millionaire— Summary: This program was modeled after the popular television Special Legal Celebrity Edition Focusing on game show, Who Wants To Be A Millionaire?. The legal the Recent Changes in the questions asked ranged from easy & funny to difficult. Federal Rules of Civil Procedure & Evidence Materials: Script Summary: This program dealt with the significant changes and Presented By: The Ralph M. Brown AIC, Modesto, CA amendments in the Federal Disclosure and Discovery Date: 3/15/2001 Rules that became effective December 1, 2000. It was in the format of the television show, Who Wants To Be A P10996 Jeopardy! Millionaire? The program included fastest finger rounds Summary: This program was patterned after the television along with questions varying in levels of difficulty. game show Jeopardy, but with a legal twist. There Materials: Script, Comments, Questions, Articles were several topics presented. Legal potpourri, civil Presented By: The Temple AIC, Philadelphia, PA procedure, entertainment law, and intellectual property Date: 1/10/2001 were just a few of the topics. Materials: Script, Comments, Questions P11008 The Supreme Survivor Presented By: The Pittsburgh AIC, Pittsburgh, PA Summary: This program was a humorous examination of the current Date: 10/19/2000 2001 Supreme Court. The presentation examined seven different cases that had been or were about to be decided P10998 Legal Survivor by the Supreme Court and looked briefly at the life and Summary: This program followed the format of the popular judicial philosophy of each justice. The format was television show, Survivor. Five Inn members, as the loosely based on Survivor, the TV series. castaways, participated in a series of competitions to Materials: Script, Comments, Bibliography determine the winning survivor. Evidence and civil Presented By: The Earl Warren AIC, Oakland, CA litigation was the legal theme for this program. Date: 11/15/2000 Materials: Script, Comments Presented By: The Pittsburgh AIC, Pittsburgh, PA P11044 Who Wants To Be a Millionaire? Date: 12/14/2000 Summary: The program, presented as a television game show, gave a general overview of various areas of the law, P11000 Legal Millionaire including ethics and procedure. Questions involved Summary: This program was based on the popular television ethics and real estate, family, criminal, and tax law. show, “Who Wants To Be A Millionaire?” Ten numbers Materials: Script, Questions were randomly drawn and those members holding Presented By: The D.R. Smith AIC, Ocala, FL the winning numbers took a seat in the jury box and Date: 11/15/2001 comprised the contestants’ pool. The contestants in the pool then had the opportunity to compete in the speed P11093 Legal Jeopardy round for a spot in the hot seat by being the quickest to Summary: This version of the popular television game show Jeopardy answer a trivia question. included only legal issues and topics. The categories were Materials: Script, Comments, Questions based on this year’s Constitutional theme. Presented By: The Pittsburgh AIC, Pittsburgh, PA Materials: Script, Questions Date: 2/22/2001 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 10/1/2001 P11001 Whose Line Is It Anyway—In the Courtroom? Summary: This program utilized the theme of trial advocacy. It P11118 Legal Jeopardy presented ten games loosely based on the hit comedy Summary: The presentation was based upon the Jeopardy game show Whose Line Is It Anyway? Games were crafted to with categories pretaining to basic areas of the law cover aspects of trial advocacy that have been misused, including poperty, contracts and Estates & trusts under misunderstood or difficult to manage. Group members basic Pennsylvania case law. set the scene and audience members were required to Materials: Questions provide the improvisational advocacy solution. Presented By: The Pittsburgh AIC, Pittsburgh, PA Materials: Script, Bibliography, Law Date: 10/17/2002 Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 3/22/2001

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P11133 South Bay Survivor P11288 Jeopardy Summary: Adapted from the television program of the same Summary: The program consists of a Jeopardy game in which name, this presentation sought to have the most ethical questions range from legal topics relating to entertainment attorney be the survivor. After a brief introduction of NEW to questions about the local bench and bar. The game the characters by the moderator, facts patterns were was set-up as a friendly competition between two local distrubuted, and after some questions, voting began. Inns in which the winning team received a traveling trophy. Materials: Script, Facts, Questions, Handouts Materials: Questions Presented By: The Honorable Benjamin Aranda, III AIC, Torrance, CA Presented By: The Pittsburgh AIC, Pittsburgh, PA Date: 10/17/2002 Date: 10/21/2004

P11186 Legal Jeopardy: Test Your Mental Mettle P11293 Follywood Squares Summary: The program presented a Jeopardy-style quiz show Summary: Follywood Squares was patterned after the televi- with locally focused legal questions. The pupilage group sion program Hollywood Squares. Questions were EW drafted all the questions and divided the Inn into five N presented to audience members on the Michigan Rules teams to answer the questions. After two rounds of of Evidence, and the Federal Rules of evidence where questions, the top two teams listened to audio clips of applicable. Several team members acted as celebrities films which featured lawyers. for the show, and some acted as authorities in the event Materials: Outline, Questions a contestant challenged a ruling. Presented By: The Edward J. McFetridge AIC, San Francisco, CA Materials: Outline, Facts, Law, Questions Date: 1/15/2003 Presented By: The Centennial AIC, Flint, MI Date: 2/18/2005 P11257 Ethical Jeopardy Summary: The legal focus of this program was to provide P11318 Jeopardy Clients attorneys with an ethics education in an entertaining Summary: This program tested the knowledge of Inn members NEW format. This entertaining format also help to generate concerning the Rules of Evidence. It employed a slightly a good group discussion. The material was a general NEW different approach, however, and the audience was overview, but did include several questions on problems divided into four teams based on numbers received and dilemmas faced by family law attorneys. The upon entrance. After each skit was presented, the format of the program was adapted from the television moderator randomly selected a number to determine the show Jeopardy and used a PowerPoint presentation to order of answering, as each team was allowed to partici- represent the board and the questions. pate in the catergories for each skit. Materials: Outline, Law, Questions, Handouts Materials: Script, Articles, Law, Handouts Presented By: The Annette Stewart AIC, Dallas, TX Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 3/23/2004 Date: 4/21/2004

P11260 Trumpet Jeopardy P11328 25 Things You Need to Know to Practice Summary: This presentation featured an unusual spin on the usual Bankruptcy Law in the Southern District of Texas Jeopardy-style program. Noisemakers, bells, party horns Summary: The program was based on the Jeopardy game show. NEW and whistles were used to keep the audience involved The program had five topics and five questions in each NEW in the program. This particular version of the gameshow topic, and a final question and answer. The program focused on five subject areas dealing with creditors provided an overview of the basic issues faced by rights. bankruptcy attorneys in Texas. Materials: Outline, Questions Materials: Outline, Law, Questions, Handouts, Disc Presented By: The Allgood-Altman AIC, New Port Richey, FL Presented By: The Moller-Foltz AIC, Houston, TX Date: 4/10/2004 Date: 9/28/2004

P11275 Barrister Battles Summary: This program is based loosely on the format of Family Feud. The moderator introduced the program and NEW explained the rules to the audience. After a brief introduction, the moderator gave the audience a brief refresher course on the history of the issue in Florida and some of the ethical rules that applied. Materials: Outline, Articles, Facts, Questions, Disc Presented By: The William H. Stafford AIC, Tallahassee, FL Date: 4/1/2004

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P11336 Attorney Ethics in Sports and Entertainment P11339 So You Want to Be a Millionaire Lawyer Summary: This program intended to test a practitioner’s knowledge Summary: This program challenged Inn members to respond of current issues in copyright, trademark, and sports to legal trivia questions. Structured as a PowerPoint NEW and entertainment law. With a special emphasis on NEW presentation, the questions involved ethics, statutes, ethical rules and concerns, the program was organized history of the law in Colorado. as a game show using a panel of experts. The program Materials: Questions, Disc asked questions of the panelists in two ways 1) the pupil Presented By: The Rhone-Brackett AIC, Denver, CO members of the team role-played as studio audience Date: 3/24/2005 “clients”, each of whom had a legal problem; 2) the show host solicited questions from the audience, in repsonse to which the panelists provided answers, based on their experience in the field, in an “Ethical Jeopardy” round. Materials: Outline, Facts, Law Presented By: The Giles S. Rich AIC, Washington, DC Date: 9/21/2004

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P10134 Civil Trial from A to Z P10499 The Fitness Gym Case: Summary: The Inn used a year-long fact pattern to address the Smith v. Davidson and Fitness Gym Inc. logical sequence of a civil trial from client interview to Summary: This year long program focused on a single case from closing arguments. Each meeting addressed a different inception through opening arguments. It required five topic and discussed ethical considerations at each stage. or six teams of at least five members each. Every Materials: Facts, Comments program had an ethical and practical question for Presented By: The Puget Sound AIC, Tacoma, WA discussion, such as preparation of an expert for Date: 1993 examination and cross-examination of an expert witness. At the end of the last team’s presentation, all P10350 The Adventures of Troy Albany members of the Inn voted as jurors on the case. Summary: This Inn used a year-long fact pattern to focus specifi- Materials: Facts, Documents, Articles, Handouts cally on the independent courts within Delaware, which Presented By: The Mount Baldy AIC, Long Beach, CA each have distinct rules and customs. The Inn became Date: 1995 a fictional law firm for the duration of this program. Each pupilage team represented independent depart- P10516 The Golden Age of the Prettyman-Leventhal ments of the firm; i.e., DUI Defense team, Personal American Inn of Court—Part I Injury team, etc. The fact pattern concerned a client, Summary: This eight-part program illustrated a successive phase a businessman who, to his misfortune, for various in the administrative process using a common factual business and personal reasons will have occasion to basis throughout the year. The fundamental framework appear in most of the judicial forums in the state. Each for the factual pattern involved the Intercoastal team, or department, represented him in some type of Waterway Commission(IWC) which has the statutory legal action throughout the Inn year. obligation to control drilling in intercoastal waterways. Materials: Facts, Questions, Script, Comments The specific issue involved drilling for gold under the Presented By: The Terry-Carey AIC, Georgetown, DE Chesapeake Bay. Date: 1995 Materials: Facts, Script, Articles, Handouts Presented By: The Prettyman-Leventhal AIC, Washington, DC P10378 Farrell vs. Strong Line, Inc., et al. Date: 1996 Summary: This program used the case file of Farrell v. Strong Line Inc., et al., from the National Institute for Trial Advocacy P10582 The Biz Place to examine a wrongful death case. The plaintiff, Ms. Summary: This year long program examined the unique procedures Farrell, brings suit against a suture manufacture, a and ethical standards of California law in connection hospital, and a cardiovascular surgeon for the wrongful with the movie business. The program evaluated such death of her husband which followed a heart transplant issues as videotaping, the early stages of legal strate- operation. Each month of the Inn year covered a gies, procedures for seeking emergency relief, and how different aspect of the trial from pre-trial preparation to to handle the inappropriate conduct of opponents. the final presentation, the mock trial. Materials: Script, Facts, Questions Materials: Facts, Documents, Law Presented By: The LA County Bar Trial Practice AIC, Los Angeles, CA Presented By: The Desmond J. McTighe AIC, Norristown, PA Date: 1998 Date: 1996 P10667 Little Company v. Big Company P10404 Largent v. City of Villa Peak: Summary: This year-long program featured the step by step A Case of Murder? process of an infringement lawsuit involving computer Summary: This program used the case of Largent v. City of software. The program, which involved several skits to Villa Peak, which involves the death of an arrestee illuminate the case, touched on patent and copyright while incarcerated in a local jail to examine opening infringement and trade secret misappropriation. statements, the examination of witnesses, and closing Materials: Script, Facts, Articles, Documents arguments. The demonstrations called for four partici- Presented By: The Benjamin Franklin AIC, Philadelphia, PA pants, a judge and three litigators, and two demonstra- Date: 1997 tions were given at each meeting. Each demonstration was followed by a discussion of the similarities and differences in theme, technique, organization and style. Materials: Facts, Questions, Script, Documents, Law, Bibliography, Comments Presented By: The Joseph Henry Lumpkin AIC, Atlanta, GA Date: 1995

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P10671 Mount Everest on Trial P11138 William J. Rochelle, Jr. Chapter 11 Course Summary: The year-long program was based on a hypothetical Summary: The John C. Ford AIC sponsored the twelve-week wrongful death and negligence claim asserted by two long William J. Rochelle, Jr. Chapter 11 Course, which ✯ climbers involved in the 1996 tragedies on Mt. Everest. fostered the mentoring of less experienced members, The focus of the presentation was not on substantive while promoting collegiality between members of legal issues but on strategy, style and technique. The the Bar and encouraging professional conduct in the presentation included summary judgment arguments, practice of law. jury selection, opening statements, direct and cross Materials: Outline, Articles, Facts, Questions, Handouts examinations, and closing arguments. Presented By: The Honorable John C. Ford AIC, Dallas, TX Materials: Facts, Articles, Documents, Law Date: 2002 Presented By: The David K. Watkiss-Sutherland AIC, Salt Lake City, UT Date: 1997 P11232 Consumer Bankruptcy Course Summary: This program was a twelve week program, with a P11079 United States v. Macrosoft one and a half hours per week class covering the Summary: The program presented unique features of a bench trial basics of Consumer Bankruptcy law and practice. The as distinguished from a jury trial and the challenges classes were led by Hon. Harlin Hale and Tim and presented when one side perceived a judge to be various guest lecturers. Graduates of the program biased. Some of the issues related to ethical and client were awarded thirty hours of Texas B or CLE and were management challenges of serving as counsel for recognized at an Inn meeting with certificates. The the government on the one hand and serving as in- members who took the course also reported on the house counsel on the other. Macrosoft, the creator and course to the Inn membership. marketer of an operating system used almost universally Materials: Facts, Law, Questions, Handouts on personal and business computers, also marketed an Presented By: The Honorable John C. Ford AIC, Dallas, TX internet browser and began bundling it with the operating Date: 2003 system. As a result, competitors’ browser market shares had plummeted, and the competition contended that Macrosoft monopolized the PC world and eradicated all other competitors from the browser market. The competition went to the Department of Justice Antitrust Division, clamoring for federal and state antitrust enforcement against Macrosoft. Materials: Script, Articles, Law, Bibliography, Facts, Documents, Questions Presented By: The David K. Watkiss-Sutherland AIC, Salt Lake City, UT Date: 2001

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P10476 Trial Notebook P10644 The Nuts and Bolts of Our Inn Summary: Masters and Barristers of this Inn created a succinct, Summary: Looking forward to the next year, this program served user-friendly litigation tool designed to be used during a as an organizing an educating look at the Inn. After trial. The “Trial Notebook” provided quick access to the introducing the Inn officers and new members, the substantive law of Missouri on a wide range of issues president gave a brief history of the American Inns of that commonly arise in trial as well as the most recent Court movement and the formation of the Ginsburg authority establishing that point of law. The topics within Inn. Other issues discussed were the programs for the the Trial Notebook included the elements required to upcoming year, Inn policies and goals. establish evidentiary foundations or legal theories. The Materials: Documents notebook addressed issues such as jurisdiction and Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK venue, pleadings, discovery and privileges, motions, voir Date: 9/16/1998 dire, opening statements, comparative negligence, and rules of appeal. Each Inn member was given a copy of P10645 Mentorship: A Practical Program For the notebook and the contents were reviewed. Achieving Lasting Rewards and Relationships Materials: Facts, Documents Summary: This program was the introductory meeting for the year- Presented by: The Ross T. Roberts AIC, Kansas City, MO long theme of Mentoring in the Millennium. The Inn Date: 10/1/1995 members were separated into mentoring groups and encouraged to establish a group plan and arrange for P10556 The Past, Present and Future of Our Inn future mentoring meetings. Summary: This program discussed the history of the Inn and Materials: Documents gave guidelines on how to organize an American Inn Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK of Court program. The presentation began with one of Date: 10/21/1998 the Master’s introducing the person(s) in part responsible for creating the chapter, who gave an inspiring P10751 Lawyer Advertising: and personal history of the origins of the Inn. The The Good, the Bad and the Ugly President then took the podium and discussed strate- Summary: The purpose of this program was to generate thought gies and advice for organizing a substantive program and discussion on the effect television advertising has in the small group format. The logistics of preparing a had on the legal profession and whether such advertis- program, and the importance of attendance at the small ing should be allowed to continue in its present form. group meetings were also emphasized. An introduc- With the members as the jury, several types of televi- tory/refresher course was also provided for new and sion ads were shown, including a few outrageous ones returning members on how to prepare a solid program. produced by the pupilage group. Materials: Facts Materials: Script, Facts, Questions, Handouts, Video Presented by: The Louis M. Welsh AIC, San Diego, CA Presented by: The Harry Phillips AIC, Nashville, TN Date: 1/10/1997 Date: 6/15/1999

P10576 Judicial Candidates Forum P10785 The Psychology of Decision Making Summary: This program presented a judicial candidates forum Summary: This was a panel discussion centered around Inn regarding contested judicial elections. To ensure a fair member Judge Andrew Wistrich’s article, “How and neutral format, the candidates were sent prior to Cognitive Illusions Can Affect Legal Decision Making,” the meeting a list of questions and a time schedule. an insightful article about the use of social sciences to Materials: Questions improve one’s understanding of the legal system. Presented by: The John Gavin AIC, Yakima, WA Materials: Articles, Questions Date: 9/9/1998 Presented by: The George McBurney Business Litigation AIC, Los Angeles, CA P10591 Explore your Psychological Profile: Vocational Date: 11/4/1999 and Personal Interpretation and Application Summary: The program discussed law-practice related behaviors P10835 Legal and Ethical Issues Arising in Federal based on personality types. Each Inn member Law Enforcement Investigations completed an individual self-scoring Myers-Briggs Summary: The pupilage group explained a series of hypothetical personality type indicator evaluation. After defining situations regarding law enforcement investigations each personality type, the members discussed how and asked questions directly to a panel of special different psychological profiles effect law practice guests. The panel included Assistant US Attorneys and environments. The presentation also addressed client special agents of the FBI, IRS, USPS and US Treasury relations, opposing counsel and litigation applications Department. including the personality “type” of your judge. Materials: Facts, Questions, Law, Articles Materials: Facts Presented by: The Edward Bennett Williams AIC, Washington, DC Presented by: The Chester Bedell AIC, Jacksonville, FL Date: 4/15/1999 Date: 9/1/1997

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P10854 Practicing Law in Indian Country: P10958 Mental Illness Issues and the Law A Trip to Native America Summary: This educational session began with a brief talk by the Summary: Feeling that the Inn had a deficient understanding and audience moderator describing common mental illnesses. appreciation of the local Indian tribes and governance, Two related scenarios were presented. The first skit was the program focused on a panel discussion by tribal entitled, “Mental Illness Issues in the Classroom and judges at a reservation. The panel made presentations Juvenile Court.” It involved a middle school student who on practicing law in tribal courts, the revitalization of recently began having behavioral problems and ended up tribal government and sovereignty in Oklahoma, the discharging a handgun in the classroom. The second skit history of the Sac & Fox Nation, recent developments was entitled “Mental Issues in Employment”. It took place in federal Indian law, and the cultural and practical years later and involved the sister of the main character in differences in tribal courts in comparison with state and the first skit who had a manic depressive illness and was federal. applying for a job. The prospective boss was concerned Materials: Comments, Bibliography, Questions, Law, Articles with employing “crazies”. Presented by: The Council Oak AIC, Tulsa, OK Materials: Script, Comments, Video Date: 3/20/2000 Presented by: The Chester Bedell AIC, Jacksonville, FL Date: 9/28/2000 P10866 Drug Court Summary: This program consisted of a panel discussion concern- P10959 The Trial Notebook and Its Use at Trial ing an overview of the drug court programs in Virginia. Summary: This program presented a “Top Ten List” indicating ten The drug court, an alternative to incarceration, offers circumstances where the Judge knew the attorney did a multidisciplinary team approach to handling drug not have a Trial Notebook. Two skits followed this, one a offenders. A video of drug court testimonials was shown. Motion in Limine argument and one an argument during Materials: Articles, Video voir dire regarding excusing jurors. In both skits one of Presented by: The John Marshall AIC, Richmond, VA the attorneys were prepared with a Trial Notebook and Date: 3/14/2000 the other wasn’t. The final portion of the program was a panel discussion. P10885 Dependency 2000 Materials: Script, Articles, Law, Articles, Bibliography Summary: The program utilized a Dragnet theme as Joe Friday, Presented by: The Vassar B. Carlton AIC, Melbourne, FL a delinquent teenager, navigated his way through the Date: 4/5/2000 dependency court to illustrate and provide insight into the proceedings. The program concluded with a P10968 Pols in Black Dresses— discussion lead by two attorneys that practice in the Doing the Political Polka dependency court. Summary: This program dealt with the sensitive subject of the Materials: Script, Law ethics involved in judicial branch lobbying with the Presented by: The Honorable Benjamin Aranda, III, AIC, Torrance, CA legislative and executive branches, as well as the Date: 3/15/2000 necessity for the direct presentation of the views of the judiciary to the elected political branches of government. P10914 Bill Doyle, Where Are You? Materials: Script, Comments, Law, Articles, Bibliography Summary: This program was a poetic celebration of the life and Presented by: The Anthony M. Kennedy AIC, Sacramento, CA legacy of Judge William E. Doyle. Judge Doyle had Date: 4/18/2000 been a Justice of the Colorado Supreme Court and then a Federal District Judge. In celebration of the land and P10977 It’ll Never Catch On: A Perspective on Law & community that he loved and the inspiration Judge Doyle Justice Through the Ages gave to others, poems were written and collected in his Summary: This presentation focused on the principles of justice honor. in the American legal system by reference to specific Materials: Script historical events, which included, the signing of Presented by: The Honorable William E. Doyle AIC, Denver, CO the Magna Carta, the signing of the Declaration of Date: 3/14/2001 Independence, and the passage of the Civil Rights Act, Stern v. Assurazioni Gerali, a California case involving the Holocaust Victims Insurance Act. Materials: Script, Law, Bibliography, Facts Presented by: The George McBurney Business Litigation AIC, Los Angeles, CA Date: 2/8/2001

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P10982 Legal and Ethical Issues at the End of Life— P11020 Abraham Lincoln: Dying in NY The Man, The Lawyer, The Statesman Summary: This program was a panel discussion that focused on Summary: This was a three-part program reviewing the life of dying in New York. New York law has distinguished Lincoln and some personal characteristics of his. Part between four types of practices that can arise at the one had Lincoln reviewing his training and practice as end of a person’s life. They were the withdrawal and a lawyer. Part two consisted of a dramatization derived withholding of life-sustaining treatment, based on the from Lincoln’s writings in an 1850 letter of a meeting consent of patients or others close to them, suicide, between Lincoln as a lawyer and a client. Part three assistance to commit suicide, and active euthanasia. was an exchange concerning the history and impact of The laws governing each of these practices reflected a the emancipation proclamations using quotations from judgment about the appropriate balance between individ- Lincoln’s writings. ual autonomy and society’s interest in preventing harm. Materials: Script, Facts, Articles, Law Materials: Articles, Comments, Bibliography, Facts, Law Presented by: The Edward J. McFetridge AIC, San Francisco, CA Presented by: The Federal Bar Council AIC, New York, NY Date: 2/21/2001 Date: 9/19/2000 P11033 Civil Liberties in Wartime: P10984 Human Memory in the Courtroom Historical and Modern Perspectives Summary: This program was a continuation of a prior program Summary: Three skits addressed historical and modern perspec- entitled, “A Staged Incident”. Immediately following the tives regarding extreme measures taken by past and first presentation, Inn members were asked to fill out present presidents. Each skit portrayed a president forms describing the details of the incident. The team and first lady. The first depicted President Lincoln members interviewed witnesses using photo arrays. suspending the writ of habeas corpus. President and The witnesses tried to make identifications of the male Mrs. Roosevelt were portrayed in the second skit, which and female in the incident. Results of the identifica- examined the World War II evacuation of Japanese and tions, plus the written forms were given to an expert to Americans of Japanese descent from the West Coast. analyze and a live examination of selected witnesses The third skit was set in the present; President and Mrs. was performed. At the end the expert gave a presenta- Bush focused on whether the government had the right tion summarizing the results of his analysis. to look into certain American citizens’ bank accounts Materials: Documents, Comments, Bibliography, Articles, without their knowledge in order to aid the fight on Facts, Law terrorism. Presented by: The Federal Bar Council AIC, New York, NY Materials: Script, Articles, Facts, Questions Date: 11/8/2000 Presented by: The Williamette Valley AIC, Salem, OR Date: 11/15/2001 P11006 The Search For Truth: A Greek Tragedy Summary: This presentation was performed as a Greek tragedy P11061 Mold: Pitfalls and Opportunities complete with gods, goddesses and philosophical in Emergency Toxic Tort Litigation musings on the role and nature of truth, justice, and Summary: The program focused on the emerging area of toxic economic pressures in the modern day practice of law. tort litigation. With the assistance of expert testimony, Materials: Script, Comments, Articles information on the new “mold cases” throughout the Presented by: The Temple AIC, Philadelphia, PA country was presented. These cases, although relatively Date: 12/12/2000 new, had produced major multimillion-dollar verdicts. Materials: Script, Articles, Bibliography, Facts P11012 INNtroduction Presented by: The Earl E. O’Connor AIC, Overland Park, KS Summary: This program was an introduction to the Inn concept. Date: 11/13/2001 The program opened with a short introduction of officers and a welcome by the President. The co-chairs P11066 The Inn of Court: then introduced the program themes for the year and Club? College? Trade Union? showed the National Inns of Court video. A collage Summary: This is a self-contained PowerPoint presentation with of the entire program highlights from the prior year an introduction of the narrator first. Materials needed followed. This was designed to show new members include a LCD projector and a laptop computer. The how various programs were done. program presented a light-hearted historical perspec- Materials: Script, Facts, Video tive of the Inns of Court and their relevance to today. Presented by: The Lawyers’ Club of San Francisco AIC, San Materials: Script Francisco, CA Presented by: The H. Vearle Payne AIC, Albuquerque, NM Date: 9/13/2000 Date: 3/19/2002

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P11067 HR 2926— “Mirror, Mirror on the Wall ... Body Language, Intuition, An Act of Private Interest of Public Law and the Art of Jury Selection,” and “Carruth’s New Look Summary: This program examined the conflicting positions Is Part of Defense Strategy.” A follow-up panel discus- of the victims, airlines, insurance industry and sion questioned whether appearance and demeanor of consumer groups with respect to the proposed Victim witnesses and attorneys were relative to trial strategy. Compensation Fund and airline bailout provisions in Materials: Script, Articles the wake of the 9/11 attacks. The format of the program Presented by: The Justice William Glenn Terrell AIC, Tampa, FL was conducted as a congressional committee hearing Date: 1/8/2002 with representatives of various entities making initial presentations and responding to questions from the P11188 Electronic Journal of Trial Advocacy senate committee. Summary: The Electronic Journal of Trial Advocacy is published Materials: Script, Questions by the George Mason American Inn of Court on their Presented by: The Temple AIC, Philadelphia, PA ✯ web site for the benefit of Inn members and other legal Date: 12/12/2001 professionals with an interest in trial advocacy. The Journal will publish materials prepared for the Inn’s P11072 It’s a Wonderful Lawyer’s Life continuing legal education activities as well as articles Summary: This holiday program borrowed elements from the written on topics related to trial and appellate advocacy classics It’s a Wonderful Life and A Christmas Carol. The with emphasis given to the law, rules, and practice in main character became discouraged with the practice of Virginia. This edition of the Journal touched on the law and wished he had never become a lawyer. His wish topics of voir dire, press relations and the law, jury was granted through the efforts of his guardian angel, practice and expert witnesses. who showed him how his town would be different were it Materials: Outline not for his legal efforts over the years. Presented by: The George Mason AIC, Arlington, VA Materials: Script Date: 10/30/2002 Presented by: The Earl Warren AIC, Oakland, CA Date: 12/1/2001 P11202 Inns of Equity: High School Intern Program Summary: The Honorable John C. Ford AIC initiated a pilot P11082 The View of the Court student intern program in 2003, designed for high from the Client’s Perspective ✯ school students in the Dallas-Fort Worth, Texas area Summary: The program used the format of The David Letterman who were of outstanding ability and were interested Show, complete with the “mail bag” and “the top 10” in the American civil justice system.The program was to focus on the perspective of the court system from established for students who were at least sixteen various parties. These included jurors, court staff, the and not yet high school seniors, and consisted of a appellate bench, the support staff, women and minori- Spring Program and a Summer Program. Each of the ties, witnesses, and the ethical view. students involved in the program was assigned an Materials: Script, Facts, Articles, Bibliography attorney mentor whose job it was to attend the Spring Presented by: The Dean Mason Ladd AIC, Cedar Rapids, IA assemblies with the students, interact with them, and Date: 3/14/2002 hopefully get them invovled in various aspects of the attorney’s daily legal life. P11086 Profiles in Courage Materials: Outline Summary: The program documented the lives of attorneys and Presented by: The Honorable John C. Ford AIC, Dallas, TX jurists who stood for their principled beliefs against the Date: 10/30/2002 going trend of their times. It demonstrated the great sacrifices these people made to their professional P11232 Consumer Bankruptcy Course careers and personal lives because they dared to stand Summary: This program was a twelve week program, with a against current popular opinions. Each noted person one and a half hours per week class covering the later was vindicated as public opinion eventually swung basics of consumer bankruptcy law and practice. The the opposite direction to support their beliefs. classes were led by Hon. Harlin Hale and Tim and Materials: Script, Law, Bibliography, Articles, Facts various guest lecturers. Graduates of the program Presented by: The Louis M. Welsh AIC, San Diego, CA were awarded thirty hours of Texas B or CLE and were Date: 10/18/2001 recognized at an Inn meeting with certificates. The members who took the course also reported on the P11096 Love on Trial course to the Inn membership. Summary: This program demonstrated the possible impact of Materials: Facts, Law, Questions, Handouts physical appearance on all participants in a courtroom. Presented by: The Honorable John C. Ford AIC, Dallas, TX Three excerpts were presented: “Beauty and the Beast: Date: 10/30/2002 Physical Appearance in American Criminal Trials,”

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P10091 Admiralty Law Aboard the Viking Sun P10309 Direct and Cross-Examination of Summary: The program was held on a local party boat called the Lay Witnesses, Judicial Notice, Viking Sun and was presented in a news report format. Adjudicative Facts, and Direct and The pupilage team members, acting as news reporters, Cross-Examination of Experts presented a broad overview of the basics of Admiralty Summary: This program gave examples of direct and cross- Law, including discussions on jurisdiction, settlement, examinations of lay and expert witnesses. Before the and the criminal issues. skit, Inn members were asked to provide their comments Materials: Facts, Script, Video and criticism about the examinations. A play reenact- Presented by: The Chester Bedell AIC, Jacksonville, FL ing Abraham Lincoln’s cross-examination in the Duff Date: 10/29/1992 Armstrong murder trial was presented to the Inn to show the concepts of judicial notice and adjudicative facts. P10200 Invading the Sanctity of the Jury Room Materials: Facts, Questions, Script, Articles, Video Required, Summary: The program examined the problems that often arise Comments among jurors. Skits were presented identifying common Presented by: The Abraham Lincoln AIC, Peoria, IL ✯ jury problems, including a jury hung by a lone dissenter, Date: 11/9/1994 a jury with a lone female who is sexually harassed by fellow jurors, and a jury that had partied during seques- P10355 Ethics and L.A. Law tration. A discussion followed each of the skits. Summary: This program, adapted from “L.A. Law on Trial,” involved Materials: Facts, Script, Law, Articles, Video five videotaped excerpts from the show L.A. Law that Presented by: The Temple AIC, Philadelphia, PA presented a number of ethical dilemmas faced by Date: 4/28/1994 members of the bar. This Inn invited a guest panel, which included two members from the Office of Chief P10292 The Menendez Defense: Client Testimony and Disciplinary Counsel, a professor of law, and a member Other Issues When They “Did It” of the local Circuit Bar Committee, to comment on how Summary: This program was designed for discussion of ethical they viewed the vignettes in terms of ethical violations. dilemmas confronted by the trial bar on a daily basis At the conclusion of each vignette, the panel commented using a videotaped portion of the Menendez brother’s and took audience comments and questions. trial. The Inn utilized a panel that included a defense Materials: Facts, Questions, Law, Bibliography, Comments, Video attorney, a dean of a school of journalism, a prosecu- Presented by: The Earl E. O’Connor AIC, Overland Park, KS tor from the U.S. Attorney’s Office and a circuit court Date: 2/21/1995 judge to ask questions and provide answers and ideas regarding the dilemmas being presented. Each panel P10357 After the O.J. Trial: Are There Any Good Ideas member was assigned a vignette and was responsible Out There for Improving Jury Trials? for beginning discussion of their assigned vignette. Summary: This program explored issues relating to improving Materials: Facts, Script, Documents, Law, Articles, Bibliography, jury trials. Proposed reforms were suggested and Inn Comments, Video members were polled on whether each reform should be Presented by: The Ross T. Roberts AIC, Kansas City, MO used or rejected. A videotaped mock pretrial conference Date: 9/8/1994 portrayed a crazy judge who announces his use of many new ideas for trial. The program concluded with ideas on P10294 The Limits of Zealous Representation how to handle the crazy judge from the videotape. Summary: The program presented five scenarios on zealous Materials: Facts, Documents, Law, Bibliography, Comments, Video representation. The scenarios are on videotape, and Presented by: The Earl E. O’Connor AIC, Overland Park, KS ✯ questions and analysis that pertain to each scenario Date: 10/17/1995 are included with the materials of the program. The topics for the scenarios were: 1) the decision to P10400 Doing the Right Thing withdraw; 2) ex parte contact with the court; 3) closing Summary: This program examined pro bono services. The Inn arguments; 4) the civil case context; and 5) zealous invited two guest speakers to speak about their representation with knowledge of factual guilt. personal experiences in coordinating programs for both Materials: Questions, Documents, Law, Bibliography, Video civil pro se services and Criminal Justice Act (CJA) Presented by: The Willamette Valley AIC, Salem, OR criminal appointments. A discussion period that allowed Date: 2/16/1995 Inn members to ask questions concluded the program. A videotape of the presentation by this Inn is available. Materials: Facts, Script, Articles, Comments, Video Presented by: The Calumet AIC, Hammond, IN Date: 3/27/1996

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P10430 Sketches of the History of P10513 Ethics and Young People the Bench and Bar of Alabama Summary: This Inn presented a series of outreach events Summary: This program traced some of the historic events of designed to educate high school students about legal the bench and bar of Alabama from 1820 to 1996. systems and ethics. The Inn planned and produced The program began with the first session of the Court programs, culminating in a videotaped panel discussion of Writs and Errors, better known as the Supreme titled “Let’s Kill All the Lawyers” televised to millions of Court of Alabama. The program concluded with a viewers on Court TV and The Classroom Channel. A presentation on the 1973 adoption of Amendment No. videocassette of the telecast is included in the program. 328, the so-called Judicial Article which completely Materials: Articles, Video reconstructed the state judicial system in Alabama and Presented by: The Anthony M. Kennedy AIC, Sacramento, CA created a system of justice that became a model for Date: 5/14/1997 other states. Materials: Facts, Script, Articles, Video P10541 Expert Witnesses: A Hearing on the Presented by: The Montgomery County Alabama, AIC, Montgomery, AL Admissibility of Polygraph Evidence after Date: 1/18/1996 Daubert v. Merrrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) P10433 Funny Money: Punitive Damages in the 90s Summary: This program presented a mock pre-trial motion in limine Summary: This presentation used a combination of videotape hearing by the proponent of polygraph evidence seeking interviews of lawyers and retired Appellate Court a ruling regarding its admissibility in a criminal trial for judges and a live presentation to give an overview of tax evasion. An expert witness, a polygraph examiner, the successes in the prosecution or defense of punitive testified and was cross-examined by the opponent of damage cases. A psychiatrist who specializes in jury the evidence. The proponent of the evidence tried to consulting work offered a presentation on how to select establish the key components of admissibility of the or deselect problem jurors for punitive damages cases. evidence. The defense attacked the science and argued Materials: Facts, Questions, Law, Video the law of evidence (Federal Rules of Evidence 403). Presented by: The Louis M. Welsh AIC, San Diego, CA Materials: Facts, Law, Video Date: 4/20/1995 Presented by: The George Mason AIC, Fairfax, VA Date: 3/19/1997 P10445 The “Other Lawyers” We Hardly Know You: Minorities & Women in the Practice of Law P10558 The Expert Dilemma—Percipient v. Retained Summary: This program used a panel discussion format, consist- Summary: This program illustrated a number of different decisions ing of members of the bar who were either experts counsel is required to make in the designation of ✯ in employment law, had hired minorities when the experts in both California state courts and federal practice to do so was not common, or minorities who courts. The demonstration emphasized the importance had entered the practice of law when it was unusual of early attention to the selection and designation of for minorities to be lawyers. The program explored the experts and the diminishing choices that stem from history of African-Americans in the practice of law, the inaction. A series of vignettes discussed various strate- history of women in the practice of law, and racial and gies in the designation of experts. Each introduction gender bias in criminal law. was followed by a reading of the fact pattern that was Materials: Questions, Video common to all vignettes. Presented by: The William J. Holloway, Jr. AIC, Oklahoma City, OK Materials: Facts, Law, Articles, Video Date: 11/20/1996 Presented by: The Louis M. Welsh AIC, San Diego, CA Date: 11/21/1996 P10465 An Overview of Criminal Law Issues Relevant to the Civil Practitioner P10573 The Wreck of the SS Philadelphia: Summary: This program was an overview of criminal law issues Leaks and Other Releases relevant to the civil practitioner. The key issues Summary: This program, on the ethics of dealing with the media, ✯ discussed were grand jury practice, paralegal proceed- featured press coverage and the conduct of lawyers ings, government contact with represented persons, ✯ during a high profile case. Gag and protective defense contact with potential witnesses, and conflicts. orders, case law and model rules were explored as The audience was encouraged to make contributions Inn members debated first amendment rights versus and ask questions during the program. the court’s interest in preserving a fair trial with an Materials: Facts, Documents, Law, Articles, Video unpolluted jury pool. Production quality for the program Presented by: The William B. Enright AIC, San Diego, CA was a high, with “real” clips from television coverage Date: 11/14/1996 (including computer simulation of the sinking) and live behind the scenes machinations of counsel. Materials: Script, Articles, Facts, Video Presented by: The Temple AIC, Philadelphia, PA Date: 4/1/1998

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P10577 The Trouble with Lawyers P10607 The Pro Se Litigant Summary: The program focused on the questionable image of Summary: This program consisted of three vignettes, and each lawyers. A television documentary entitled “The Trouble vignette was followed by a discussion. The first vignette with Lawyers” was used as an outline of common lay examined the termination of representation, the criticisms of attorneys. Short excerpts of three substan- second examined assistnace in discovery, and the third tive criticisms of lawyers and the profession were edited assistance at a deposition. from the documentary, and members of the team Materials: Script, Questions, Law, Video presented a response to each criticism. The purpose Presented by: The Pittsburgh AIC, Pittsburgh, PA of each response was to equip lawyers with information Date: 1/22/1998 and methods with which to discuss professional image issues with other lawyers and members of the public in P10636 The First Amendment and the Courtroom an effort to enhance the image of lawyers. Summary: The program concerned the appropriateness of Materials: Facts, Video courtroom decorum. The following topics were Presented by: The Robert W. Calvert AIC, Austin, TX ✯ addressed: the rights of judges versus the rights of Date: 11/18/1997 jurors, litigants, and counsel; the role of judges as civil servants; and the appropriate place of religion P10584 Jury Communications: Issues and Innovations in American society (oaths of office, use of bibles at Summary: The program highlighted effective ways to communicate ceremonial functions, appropriate attire for judges and with a jury by utilizing a videotaped panel discussion of attorneys). The Inn also viewed a videotape of a 20/20 recent jurors. The presentation compared the passive segment on one judge’s fight to keep a plaque of the legal model versus the active educator model. Jurors Ten Commandments in his courtroom. on the videotape were asked to comment on their Materials: Articles, Law, Video decision process, what they liked or disliked about Presented by: The Charlotte E. Ray AIC, Washington DC attorney’s presentations, what helped or hindered their Date: 3/26/1998 understanding of the case, and how they would change the process. P10640 Excruciating Ethical Issues Materials: Questions, Articles, Video Summary: The program, consisting of two role-plays, portrayed Presented by: The Santa Clara AIC, San Jose, CA the charges of unethical conduct against two attorneys. Date: 10/8/1998 In each scenario an attorney for the state bar set forth the facts, the charges and the recommended discipline. P10587 Threads of Evidence: The entire membership was equally divided into six DNA Test as Admissible Evidence discussion groups and employed to play the role of Summary: The program began with a slide presentation that Professional Responsibility Tribunal. After the group explained DNA in layman’s terminology. Then followed reached their conclusions concerning disciplinary action, a mock hearing on the use of DNA testing as admissi- a spokesperson summarized their discussions and ble evidence. After the hearing, the judges gave their announced the results. decisions and discussed ethical implications based on Materials: Bibliography, Facts, Law, Video the facts set forth. Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Materials: Facts, Law, Video Date: 10/15/1997 Presented by: The J. Dudley Digges AIC, Baltimore, MD Date: 1/22/1998 P10643 The Historic Oklahoma Trial of George “Machine Gun” Kelly P10605 Effective Advocacy In Summary: The program presented the Inn members with a the Courtroom of the Future summary of the facts of the historic case, then a Summary: The program utilized a relatively simple demonstra- videotape of the actual trial was shown. After the tion mock trial of a vehicular accident, and showed Inn members viewed photographs and transcripts, a ✯ segments of the trial in which two competent trial teams moderator presided over a discussion of the trial. presented their cases, one using the tools available in Materials: Facts, Script, Video the “Courtroom of the Future” and one using the more Presented by: The Ruth Bader Ginsburg AIC, Oklahoma City, OK traditional tools for communication with a jury. The Date: 4/15/1998 presentation demonstrated enhanced jury communication and persuasion made possible through user- friendly and cost-effective technology. Materials: Script, Questions, Video Presented by: The Kansas City-Ross T. Roberts AIC, Kansas City, MO Date: 3/1/1998

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P10647 Asserting Objections and Making the Rules of P10706 The Indictment of Ham Sandwich— Evidence Work for You A Study of the Grand Jury Summary: The program explored the criminal trials of several Summary: The program featured a brief history and function of fictional characters aboard Star Trek’s Enterprise. the grand jury, rules of grand jury secrecy, and the The presentation was premised on appellate court reasons behind those rules. The program then shifted hearings held in the twenty-third century. The hearings to a dramatic presentation concerning the indictment addressed evidentiary issues and provoked discussion of Ham Sandwich, a Superior Court Commissioner regarding the triumphs and tragedies that result from charged with participation in an interstate condiment courtroom battles. theft ring. The scenes explained the perils of testify- Materials: Script, Articles, Documents, Video ing before a grand jury and the legal rights that Ham Presented by: The Nevada AIC, Las Vegas, NV Sandwich could exercise. Date: 11/17/1997 Materials: Outline, Facts, Video Presented by: The Sandra Day O’Connor AIC, Phoenix, AZ P10653 The Summary Jury Trial Date: 10/20/1998 Summary: The program described the summary jury trial and discussed its purposes and benefits as an alternative P10735 The Jury of the Future— dispute resolution technique. A brief videotape of an Passive or Interactive? actual summary jury [vehicular] trial was played for the Summary: The program used a moderator to introduce and facili- audience. Afterward, the pupilage team discussed the tate a discussion around the role of the jury through pros and cons of the summary jury trial and their own several videotaped segments. Topics included histori- personal experience in presenting it to the actual jury cal perspectives, questioning, Plain Language Jury that heard the case. Instructions, and deadlocked decisions. Materials: Facts, Documents, Video Materials: Articles, Comments, Documents, Video Presented by: The Donald E. Wieand, Sr. AIC, Allentown, PA Presented by: The Louis M. Welsh AIC, San Diego, CA Date: 10/23/1997 Date: 5/5/1998

P10670 Body Talk and the Eighth Amendment P10736 Difficult Witnesses We Have Met Summary: The program discussed the relationship between Summary: This program presented a wide variety of difficult organ donation and the death penalty. The show was witness situations in order to promote discussion based on a hypothetical trial of a 15 year-old boy, and render remedies. The program consisted of with an extensive criminal history, who plead guilty to six videotaped scenarios-five based on actual trial murdering two homeless people. The judge sentenced testimony, with one scene performed spontaneously. the youth to death by way of the newly developed After a moderator briefly introduced each segment, the Harvest Technique, a method whereby the person is video was played. Questions dealing with the issues killed in such a way the that organs are preserved for raised by the scenario where presented to the Inn possible transplantation. The following issues were members. considered: 1) the appropriateness of imposing the Materials: Articles, Comments, Script, Video death penalty on a 15 year old; 2) the appropriateness Presented by: The Louis M. Welsh AIC, San Diego, CA of presuming consent to organ donations; and 3) the Date: 2/19/1998 balancing of religious beliefs against the needs and values of society as reflected by statutory enactments. P10741 Separate But Equal: The Beginning of the End Materials: Facts, Questions, Law, Video Summary: The program, a tribute to the Honorable Collin J. Seitz Presented by: The Owen M. Panner AIC, Portland, OR and Louis L. Redding, Esquire, followed the lives of these Date: 2/10/1998 two impressive men of law and how they historically intersected in three cases in 1950 that brought about the P10688 The Trials of Claus von Bulow end of segregation in higher education in Delaware. Summary: After a videotaped introduction into the von Bulow Materials: Facts, Script, Articles, Law, Video trials, three experts were questioned by Inn members. Presented by: The Temple AIC, Philadelphia, PA The questions focused mainly on when does a private Date: 2/10/1999 search become a public law-enforcement undertaking, and what are the metes and bounds of advocacy. Materials: Facts, Law, Video Presented by: The William B. Bryant AIC, Washington, DC Date: 2/10/1998

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P10751 Lawyer Advertising: P10809 Handling Gender Bias in Your Practice The Good, the Bad and the Ugly and in Family Law Summary: The purpose of this program was to generate thought Summary: After a brief presentation on the findings of the Texas and discussion on the effect television advertising has Gender Bias Task Force, the program discussed the had on the legal profession and whether such advertis- ways in which gender bias can evidence itself through ing should be allowed to continue in its present form. the aid of some videotaped skits. The program With the members as the jury, several types of televi- concluded with its breakdown of a gender bias sion ads were shown, including a few outrageous ones questionnaire completed by the Inn members prior to produced by the pupilage group. the presentation. Materials: Script, Facts, Questions, Handouts, Video Materials: Questions, Video Presented by: The Harry Phillips AIC, Nashville, TN Presented by: The Burta Rhoads Raborn Family Law AIC, Houston, TX Date: 6/15/1999 Date: 2/18/1999

P10753 Lies, Damned Lies and Statistics P10842 Protective Orders— Summary: This program was designed to acquaint the audience The Outer Limits of Judicial Authority with the types of cases in which statistical evidence Summary: This program traced the origin, development and ✯ had proven useful, to review Tennessee cases discuss- application of protective orders in a trade secrets ing the use of statistics and to demonstrate effective case, illustrating the problems and shortcomings. The techniques of examining and cross-examining experts program consisted of three vignettes, two video-taped who use statistical data. and one performed live. The scenes showed a hearing Materials: Law, Articles, Questions, Video in the Superior Court to discuss a temporary restrain- Presented by: The Harry Phillips AIC, Nashville, TN ing order, a conference to work out the details of the Date: 4/20/1999 protective order, and another hearing for sanctions for violations against the protective order. P10767 Mythical Things You Thought Materials: Facts, Documents, Law, Articles, Bibliography, Video You Could Do At Trial, But You Can’t Presented by: The Louis M. Welsh AIC, San Diego, CA Summary: The program discussed a number of myths intertwined Date: 5/20/1999 within the trial process, followed by the realities behind each myth. A video was supplemented throughout the P10866 Drug Court discussion to illustrate Hollywood’s influence in creating Summary: This program consisted of a panel discussion concerning many of these myths. This program was originally a an overview of the drug court programs in Virginia. The civil law course for the State Bar of Texas. drug court, an alternative to incarceration, offers a multidis- Materials: Articles, Video ciplinary team approach to handling drug offenders. A Presented by: The Garland R. Walker AIC, Houston, TX video of drug court testimonials was shown. Date: 11/3/1999 Materials: Articles, Video Presented by: The John Marshall AIC, Richmond, VA P10779 May It Please the Court… Date: 3/14/2000 Summary: This program took an entertaining look at Hollywood’s portrayal of the legal system. After a clip from a movie P10880 Attorney Witch Hunt Project was shown for the Inn, a moderator selected a random Summary: The program consisted of a video with interviews of table to answer a question, which was either procedural jurors who had just served on a jury panel to gain or evidentiary and based on either Federal or State law. insight into their perspective of the trial process. Group Materials: Questions, Video members discussed the key points of the video. Presented by: The Eldon B. Mahon AIC, Fort Worth, TX Materials: Outline, Video Date: 1/21/1999 Presented by: The William S. Sessions AIC, San Antonio, TX Date: 3/23/2000 P10807 I Object Summary: The program followed a high-quality presentation that had previously taped scenes interjected with computer graphics. The scenes involved mock trial situations in which objections were made. Then computer graphics brought up questions about the objections and allowed the members time to make a decision before cutting back to a live-action judge making the official ruling. Materials: Outline, Video Presented by: The Thomas S. Forkin Family Law AIC, Haddonfield, NJ Date: 4/13/1999

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P10908 Daubert and Cross-Examination P10958 Mental Illness Issues and the Law of Expert Witnesses Summary: This educational session began with a brief talk by the Summary: This program looked at the admissibility of scientific audience moderator describing common mental illnesses. opinion. Once Frye v. United States governed this Two related scenarios were presented. The first skit was opinion, 293 Fed 1013 D.C.Cir.1923, which did not entitled, “Mental Illness Issues in the Classroom and allow any evidence to be admitted that was not Juvenile Court.” It involved a middle school student who generally accepted in the scientific community; hence recently began having behavioral problems and ended up new or novel theories were not admitted. Then Rule discharging a handgun in the classroom. The second skit 702 of the Federal Rules of evidence came along, was entitled “Mental Issues in Employment”. It took place which liberalized admissibility. years later and involved the sister of the main character in Materials: Articles, Law, Bibliography, Video the first skit who had a manic depressive illness and was Presented by: The San Francisco Lawyers’ Club AIC, applying for a job. The prospective boss was concerned San Francisco, CA with employing “crazies”. Date: 2/18/2000 Materials: Script, Comments, Video Presented by: The Chester Bedell AIC, Jacksonville, FL P10944 The English Inns of Court: Medieval Date: 9/28/2000 Beginnings to Contemporary Practices Summary: This program portrayed an evening with the “Smythe” P10972 Seeing is Believing: The Use and Misuse Chambers of the “Right Honorable Society of the Outer of Computer Generated Exhibits ✯ Inn of Court.” Two vignettes illustrated aspects of the Summary: Based on the recent movie, Erin Brokovich, this practice of law in the United Kingdom in contrast to program focused on potential uses and misuses of the United States. In the first vignette the clerk of the visual/technological advocacy. The defendant Pacific Smythe Chambers prearranged a private meeting with Gloom & Electric produced a toxic chemical that a solicitor to discuss the referral of briefs. Issues raised allegedly got dispersed through the soil to the underly- from this meeting included solicitation of business ing water table and ultimately to the plaintiffs’ drinking and the role of the clerk and fee arrangements. In wells. The plaintiffs had ingested that water and were the second vignette the Judge met with a new client suffering physical/medical damages and they blamed to discuss certain aspects of her personal injury case. PG&E. There were four scenes with extensive discus- Issues raised included fee arrangements, conflicts sions after each one. of interests, trial practice, legal education and injury Materials: Script, Law, Facts, Bibliography, Articles, Video compensation schedules. Presented by: The Anthony M. Kennedy AIC, Sacramento, CA Materials: Script, Articles, Comments, Video Date: 2/20/2001 Presented by: The Sagamore AIC, Indianapolis, IN Date: 2/7/2001 P11012 INNtroduction Summary: This program was an introduction to the Inn concept. P10957 Opening Statements & Voir Dire The program opened with a short introduction of Summary: For this program a master was used to introduce the officers and a welcome by the president. The co-chairs subject and to briefly discuss the importance of openings then introduced the program themes for the year and and voir dire. A videotape was shown giving examples of showed the National Inns of Court video. A collage great openings. A second speaker spoke on the topic of of the entire program highlights from the prior year voir dire, followed with discussion and questions. followed. This was designed to show new members Materials: Script, Articles, Video how various programs were done. Presented by: The Vassar B. Carlton AIC, Viera, FL Materials: Script, Facts, Video Date: 3/6/2001 Presented by: The Lawyers’ Club of San Francisco AIC, San Francisco, CA Date: 9/13/2000

P11013 Law and the Media Summary: This program was a panel discussion among experienced lawyers regarding their experiences interacting with the media, including anecdotes and advice on dos, don’ts and strategies for dealing with the media. It was supplemented by a presentation from experienced reporters regarding their perspectives on reporting on legal matters and dealing with lawyers. Materials: Script, Comments, Bibliography, Law, Video Presented by: The Lawyers’ Club of San Francisco AIC, San Francisco, CA Date: 11/16/2000

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P11015 Difficult Depositions— P11134 Lawyer Advertising Issues in Florida How to Survive and Even Succeed Summary: This program examines lawyer advertising issues Summary: Utilizing actual deposition, this program examined through the use of a pre-recorded videotape and a three separate scenarios. They included the corporate skit. The videotape contains numerous violations of the deposition, the combative lawyer v. the obstructionist Florida Bar disciplinary rules governing lawyer advertis- and the difficult expert. The members reenacted some ing. The second part of the presentation finds an of the common and flagrant abuses and discussed how attorney before the Florida Supreme Court for review to handle them. of disciplinary action to be taken. The program can be Materials: Script, Comments, Facts, Law, Bibliography, adapted to any jurisdiction, and the videotape portion of Questions, Video the presentation is particularly entertaining. Presented by: The Lawyers’ Club of San Francisco AIC, San Materials: Outline, Script, Law, Comments, Video Francisco, CA Presented by: The Pensacola AIC, Pensacola, FL Date: 2/15/2001 Date: 5/16/2002

P11071 70 Years from Scottsboro P11145 A History of the English Inns of Court, Summary: This two-part program dealt with the right to appointed the American Inns of Court and counsel of one’s choice and the use of peremp- the Temple Inn of Court ✯ tory challenges to exclude minorities from the jury Summary: This program is an entertaining discussion of the pool. Part one, “The Trials of the Scottsboro Boys,” history of the English and American Inns of Court dramatized events surrounding two early 1930s trials movement. It also includes a discussion of the history held in Scottsboro, Alabama. The right to meaningful, and the founding of the Temple American Inn of Court. competent representation by counsel was established. There is no script for the program so the use of the Part two, “70 Years from Scottsboro,” involved a fictional videotape is required. The tape does show various case set in modern-day Florida. The U.S. Supreme props and charts used during the program. Court held that the systematic exclusion of minorities Materials: Video from jury pools deprived the accused of his right to a Presented by: The Temple AIC, Philadelphia, PA fair trial. A question-answer session and a relevant case Date: 9/18/2002 law discussion followed. Materials: Script, Bibliography, Questions, Video P11160 Defending Your Life—Ethics Presented by: The D.R. Smith AIC, Ocala, FL Summary: The focus of the program was legal ethics and the Date: 2/21/2002 importance to the legal community. The evening began with clips from “Defending Your Life”, and the P11091 Mock Trial Coaching: subsequent program was based on the same premise Hardships, Success, and Lessons Learned as the movie, in that the Inn program was a retrospec- Summary: The program focused on the work accomplished by tive look at a lawyer’s life. A master of ceremonies kept a high school mock trial team. It showed the issues the program on track and made remarks after each of involved in each case, what the students learned about the five vignettes. the legal profession, and what the coaches learned Materials: Outline, Script, Articles, Law, Handouts, Video about current teen-age thinking. As the student teams Presented by: The William J. Holloway, Jr. AIC, Oklahoma City, OK studied a hypothetical case, conducted legal research, Date: 11/6/2002 and received guidance from volunteer attorneys on courtroom procedures and trial preparation, they P11161 Law and Society: Ralph Ellison acquired a working knowledge of the judicial system. Summary: This program turned its light on lawyers who must Materials: Script, Documents, Facts, Law, Video interact, and sometimes struggle, with societal forces Presented by: The Owen M. Panner AIC, Portland, OR in carrying out their professional duties. Defining the Date: 4/9/2002 issues by reference to the work and life of Ellison, the program focused on the law’s civil interaction with P11125 Choices in Presentation Technology factors like racism and the problems arising from Summary: This program presents three different closing unequal and arbitrary enforcement of the laws. arguments based upon the same factualy scenario. Materials: Outline, Script, Articles, Law, Bibliography, Video Each closing argument illustrates a different use of Presented by: The William J. Holloway, Jr. AIC, Okalhoma City, OK technology in the courtroom. Date: 2/14/2003 Materials: Outline, Facts, Video Presented by: The Louis D. Brandeis AIC, Louisville, KY Date: 4/23/2002

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P11176 Pretrial Publicity in Criminal Cases P11206 The Constitutional Convention of 1787 Summary: This program occurred shortly after the nationally Summary: This program was divided into three parts. The first prominent John Robinson trial for serial murder part of this program set the scene for the Constitutional concluded in Johnson County, Kansas. Driven by Convention of 1787. After delegates introduced the coverage of this trial, the demonstration included themselves, there was a presntation about all the a series of vignettes which showed extreme and people in attendance at the Convention and the events humorous examples of pre-trial publicity. After the leading up to it. The second part of the program was vignettes, the fact patterns and the rulings on the case devoted to an authentic recreation of some of the were discussed. debates at the Constitutional Convention of 1787. The Materials: Articles, Law, Handouts, Video final part of the program was devoted to a debate on Presented by: The Earl E. O’Connor AIC, Overland Park, KS the constitutionality of the War Powers Resolution, Date: 2/11/2003 adopted by Congress in 1973. Materials: Outline, Script, Articles, Handouts, Video P11193 The Secret in the Box: Presented by: The Garland Walker AIC, Houston, TX Discovery Ethics and Professionalism Date: 12/2/2003 Summary: This program used pre-taped video segments, a PowerPoint presentation and a panel to discuss issues P11207 An Oral History of the Practice of Law and ethical situtaiton which might arise during the in the 20th Century discovery process. The fact pattern for the program is Summary: Recognizing the value of the perspective of time, this based loosley on the case of a crematory which did not program provided a look back at the practice of law cremate bodies but still accepted fees for doing so, and through the eyes of thirteen accomplished lawyers the resulting lawsuit by the aggreived families. and judges from Philadelphia, each of whom has been Materials: Facts, Law, Handouts, Video practicing law for more than fifty years. They were Presented by: The William Augustus Bootle AIC, Macon, GA interviewed by members of the Inn who asked them Date: 4/17/2003 questinos about racism, sexism, civility, billable hours, law as a profession and other related topics. P11197 Ethics and Expert Witnesses Materials: Outline, Articles, Documents, Questions, Video Summary: The purpose of these materials, and the videotaped Presented by: The Temple AIC, Philadelphia, PA vignettes that accompany them, is to educate lawyers, Date: 5/7/2003 law students, and judges about the many issues of ethics and professionalism that arise in connection with P11209 David v. Goliath Brake Systems: Putting the the use of expert witnesses in civil cases Brakes on Technology in the Courtroom Materials: Script, Questions, Video Summary: This timely program deal with the ethical, legal and Presented by: The William Augustus Bootle AIC, Macon, GA pracitcal issues surrounding the use of technology in Date: 5/19/2003 the courtroom. The program focuses on the decision of counsel to use cutting-edge technology in represent- P11198 Domestic Law of War: ing their client. The program was presented in the new USA Patriot Act and Civil Liberties Technology Courtroom for the Philadelphia Court of Summary: This program presented a debate between two lawyers, Common Pleas, and used many of the new technolo- a U.S. attorney and a nationally-known civil rights gies available to trial lawyers including: accident advocate. Members of the program committee drafted reconstruction animation, Powerpoint presentations, key questions that were presented to the panelists. The use of overheard projectors, and the use of plasma questions were designed to spark a debate on current screen technology. topics including: FISA courts, unlawful combatants, Materials: Outline, Script, Aritcles, Documents, Law, Questions, domestic terror, and the invasion of privacy that comes Handouts, Video with sneak and peek warrants, cyber-security, and Presented by: The Temple AIC, Philadelphia, PA access to bank records. Date: 1/14/2004 Materials: Articles, Documents, Law, Handouts, Video Presented by: The Louis M. Welsh AIC, San Diego, CA Date: 3/20/2003

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P11210 Tired, Wired & Fired: A Law Firm’s Obligation P11228 How Did I Get Here and What Do I Do Now?: When An Attorney Is Impaired We Have a Failure to Communicate Summary: The program dealt with the ethical dilemmas facing a Summary: The legal focus of this program was the ethical dilemma law firm confronted with an employee at the associate of taking on a client too quickly, dealing with unbundling level who is struggling with mental impairment resulting issues and conflict issues, and how to resolve a client from stress and possible alcohol and drug abuse. The situation that may result in a complaint being lodged focus of the program was the ABA Model Opinion 03- with the bar association. 429, Obligations With Respect to Mentally Impaired Materials: Script, Articles, Documents, Law, Handouts, Video Lawyer in the Firm, issued in June 2003. The setting Presented by: The Willamette Valley AIC, Salem, OR was a hearing before the Pennsylvania Disciplinary Date: 3/18/2004 Review Board and the format was a series of witnesses called before this Board who were questioned about P11229 Abercrombie & Fitch LLP incidents involving the attorney in question. The Summary: The program explored the question of how far clients program closed with a testimonial by a local attorney may properly proceed, without running afoul of the who is a recovering alcoholic and experienced many of ✯ laws governing discriminating conduct, in promoting the issues raised in the presentation. “lookism.” Once that question is thuroughly explored, Materials: Outline, Script, Articles, Documents, Law, the program then turned to whether the same could Handouts, Video be true for in-store sales personnel. The program used Presented by: The Temple AIC, Philadelphia, PA pre-recorded scenes to introduce the topic and pose Date: 2/12/2004 several questions. After the introduction, the program used a skit to explore the issues further. P11217 The Settlement Zone Materials: Outline, Script, Articles, Documents, Law, Questions, Summary: Through the use of a pre-recorded video presentation, Handouts, Video the program examined the ins and outs of settelement Presented by: The University of Pennsylvania School of Law AIC, negotiation. The video encouraged discussion about Philadelphia, PA topics ranging from inattentive mediators to unethical Date: 1/13/2004 counsels. Materials: Outline, Articles, Questions, Handouts, Video P11233 I’ve Deleted You Off My Hard Drive, Presented by: The Warren J. Ferguson AIC, Orange, CA but I Can’t Get You Out of My Life Date: 3/9/2004 Summary: This program addressed the issue of electronic discovery by using a four-act play. The plot involved Arnold P11225 Litigation Conundrums Schwarzenegger’s slander suit against Larry Flynt which Summary: This program addressed several litigation conundrums, allegedly occurred when Flynt disseminated an email to including: 1) bad lawyers and bad judges; 2) the all California voters suggesting the Schwarzenegger had importance of an Appellate Record; 3) how to deal a tummy tuck. The program included a live demonstra- with a Pro Se litigant. The program took the format of tion of the technology available for recovering email and video clips mimicking David Letterman’s Top 10 List discovering its origins. interspersed with guest speakers. Materials: Script, Articles, Video Materials: Outline, Documents, Law, Handouts, Video Presented by: The Sam A. Crow AIC, Topeka, KS Presented by: The Ruth Bader Gisnburg AIC, Oklahoma City, OK Date: 9/4/2003 Date: 1/21/2004 P11239 Courtroom Wizardry P11227 Oxley-Moron Theatre of the Air Summary: This program used a fact pact pattern that was part of Summary: The goal of this program was to discuss issues raised a year-long theme for the Inn. That fact pattern involved by the Sarbanes-Oxley Act in litigation and corporate an attempt by Alex Trebeck to resurrect his career attorney practice, as well as implications for practic- by having himself shot on national television. This ing attorneys. The program also strove to present the particular program called upon two prominent forensic issues in an entertaining format, and so presented the expterts to testify about their findings and opinions on program as a scripted “radio play” with multiple stand the evidence recovered during the criminal investiga- micorphones and team members as actors. tion of the shooting. The point of the exercise was to Materials: Script, Articles, Law, Questions, Handouts, Video use the technology available to enrich the testimony. Presented by: The Louis M. Welsh AIC, San Diego, CA The program was also presented to non-Inn members Date: 9/18/2003 to gain their impressions of the abilities of the lawyers to present complicated scientific evidence in a more digestible manner. Materials: Articles, Documents, Facts, Law, Handouts, Video Presented by: The Pittsburgh AIC, Pittsburgh, PA Date: 2/26/2004

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P11245 Talking Heads: P11268 Own a Piece of the Rock There But for the Nancy Grace… Summary: This program involves a civil action against a mortgage Summary: This program deals with the problem of statements broker for defamation. In that litigation, malpractice and made by attorneys and expert commentators outside of NEW various violations of the Rules of Professional Conduct the courtroom concerning pending cases. ensued when the broker’s attorney and her insurance Materials: Articles, Law, Handouts, Video adjuster controlled the litigation without consulting Presented by: The Dean Henry George McMahon AIC, the client. The program included an accompanying Baton Rouge, LA PowerPoint presentation and also included a discussion Date: 3/25/2004 period after each act of the skit. Materials: Script, Facts, Law, Questions, Handouts, Disc P11249 Videotaped Depositions: Case of the Dying Presented By: The University of Pennsylvania Law School AIC, Witness and the Lying Witness Philadelphia, PA Summary: This program was designed to address procedures for Date: 3/16/2004 videotaped depositions, the reasons for choosing them and the witness preparation. P11271 Mediation Materials: Outline, Video Summary: The legal focus of this program was mediation concepts Presented by: The Oakland County Bar Association AIC, Oakland and strategies.This focus was achieved with the use County, MI NEW of a panel of three Oregon mediation experts and a Date: 2/11/2004 moderator who facilitated the discussion. After the panel discussion, the audience heard from an Oregon P11254 !IMAGINE! The 3 Phases of Eve: The Life of the Circuit Court judge who partcipates in many settlement Law as lived by 3 Lawyers conferences. The entire discussion was videotaped. Summary: This multi-media presentation opens with a set of visual Materials: Outline, Articles, Documents, Law, Video images of women performing in a variety of contempo- Presented By: The Willamette Valley AIC, Salem, OR rary roles. After the introduction of the role of women in Date: 10/21/2004 the law, the program uses three skits to further explore the relevant issues. Each skit represents one phase P11273 Judge or Jury? of the legal life, the first phase is the law student, the Summary: The presentation examined the factors to consider in scond phase is lawyer, and the third phase is the judge. deciding whether a case is best served by a bench Materials: Outline, Script, Articles, Questions, Handouts, Video NEW or jury trial. Factual scenarios, presented via video, Presented by: The Anthony M. Kennedy AIC, Sacramento, CA were used as the context for client and counsel confer- Date: 2/17/2004 ences with both the plaintiff and the defendant. A panel discussion, with audience participation, followed and P11266 What Is It? Unethical, Unprofessional, considered the differences between state, federal, or Something Else? criminal, and civil cases. Summary: This demonstration consists of various courtroom Materials: Outline, Articles, Facts, Law, Video vignettes showing the different stages of a case, Presented By: The Louis M. Welsh AIC, San Diego, CA NEW including pretrial argument, jury selection, witness Date: 10/21/2004 examination, and closing arguments. The purpose of the program is to demonstrate common examples of P11276 Judicial Ethics unprofessional conduct that might not be unethical or Summary: This program raised ethical questions regarding illegal. The videotape included with this program also judicial conduct through the use of pre-recorded video contains a conversation between two experienced NEW segments and a PowerPoint presentation including a superior court judges which gives some insight into the summary of the rules goverened by the Florida Code of thinking of a judge. Judicial Conduct. Materials: Articles, Documents, Law, Handouts, Video Materials: Law, Questions, Video, Disc Presented By: The Louis M. Welsh AIC, San Diego, CA Presented By: The William H. Stafford AIC, Tallahassee, FL Date: 12/11/2003 Date: 11/1/2004

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P11278 A Look at Lawyers and Cinema: Are They for Reel? P11296 Criminal Law’s Triple Play: Summary: The program looked at five movie clips and evaluated A Guide to Search & Seizure the attorneys from the perspective of effective advocacy Summary: This program focused on interactions between police NEW and ethics. Although the program uses videotapes, they and civilians over the issue of search and seizure. The are not available with this program. The videos were NEW presentation opened with a clip from The Chris Rock rented or checked out from the library, and cued up Show related to police stops. The concept of “probable to the appropriate scene before the beginning of the cause” was also covered and demonstrated using facts meeting. At the meeting, each clip was introduced by from actual cases. The audience was involved by using a a Pupil member, and a Master or a Barrister led the question and answer period after each demonstration. discussion on effectiveness and ethics. Materials: Law, Video Materials: Outline, Articles, Law, Video Presented By: The Pittsburgh AIC, Pittsburgh, PA Presented By: The William A. Ingram AIC, Santa Clara, CA Date: 2/16/2005 Date: 1/12/2005 P11299 Juror Biases: Uncovering Them; P11284 Three Days Early: The Role of Lawyers in the Using Them: How Far Can You Go? Early Swearing-In of Lamar Alexander Summary: This timely program tackled the issues of voir dire, biases, Summary: The basis for this program is the three days early swearing- and jury selection in an entertaining and interactive format. in of Governor-elect Lamar Alexander to prevent Ray NEW A prerecorded video clip from a mock trial in Texas was NEW Blanton, the incumbent Governor from granting commuta- used to jump start the program, after which a jury commis- tions that were tainted by an ongoing federal clemency- sioner explained the jury selection process. After the skit, for-cash investigation. The program focused on the roles a professional jury consultant led a discussion covering that lawyers played, especially between January 15 and some of the underlying issues related to biases. January 17, 1979. The lawyers’ activities were examined Materials: Script, Articles, Documents, Law, Handouts, Video in the context of 1) the constraints of their offices; 2) the Presented By: The Temple AIC, Philadelphia, PA ongoing federal grand jury investigation; 3) the intense Date: 2/9/2005 media and public scrutiny; 4) the lack of legal precedence; 5) the partisan political overtones; 6) and the absence of a P11304 The “Overly” Stressed Client personal relationship among the participants. Summary: This program examined the ways to deal with clients that Materials: Script, Articles, Documents, Facts, Law, Handouts, Video, Disc are under heavy psychological pressures as a result of Presented By: The Harry Phillips AIC, Nashville, TN NEW being drawn into litigation, particularly as defendants. It Date: 1/18/2005 used outside experts that are knowledgeable in identifying clients under stress and provided insight on how to deal P11292 Art, Cultural Heritage and the Law with those clients. Program materials included a published Summary: The purpose of the program was to introduce the interview with a psychiatrist, a reading list suggested by audience to the subject of cultural heritage and the law one of the experts, a list of local mental health resources, NEW generally, and to discuss two recent cases involving art and rules of professional conduct related to obligations of law. The program began with a panel discussion including lawyers to seek help for clients that need it. three distinguished guest speakers. A question and Materials: Script, Articles, Facts, Law, Video answer period followed in which audience members got Presented By: The Willamette Valley AIC, Salem, OR involved by asking the panelists questions. Date: 1/20/2005 Materials: Video Presented By: The Temple AIC, Philadelphia, PA P11308 Frivolous Lawsuits: Date: 10/8/2004 Cutting Edge or Over the Edge? Summary: The purpose of the program was to raise ethical and P11294 Securities Arbitration legal issues related to the filing and appeal of frivolous Summary: This program addresses the issue of securities arbitra- NEW lawsuits, and the use of questionable experts to support tion, including: the law, how arbitration is conducted, and those lawsuits. Combining the use of a pre-recorded NEW the limited right to appeal. The first part of the program television reality show and a live program script, the provides a background of securities arbitration, focusing program addressed such issues as the legal and ethical on the decision in McMahon v. Shearson Lehman. standards for frivolous lawsuits, what constitutes a The second part of the program is a mock arbitration frivolous appeal, and should attorneys be sanctioned and between an investor and a broker. The third part of the reported for frivolous cases, defenses, and appeals? program is a mock appeal of the arbitration decision to Materials: Outline, Script, Law, Questions, Handouts, Video, Disc an Appellate Court, which overturned the other decision. Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Materials: Documents, Facts, Law, Handouts, Video Date: 3/15/2005 Presented By: The New York AIC, New York, NY Date: 2/15/2005

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P11311 You Are What You Speak: editor of a local newspaper. All necessary materials, Whether to Promote or Pillory including the contact information for the playwright’s Political Correctness in Legal Discourse agent, are included in the program materials. Summary: This program explored whether so-called “political Materials: Script, Articles, Law, Handouts, Disc correctness” in speech and action should be a Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK NEW component of civility and professionalism in the practice Date: 2/9/2005 of law, or whether it unreasonably stifles fair debate. The program also examined how attorneys and judges P11328 25 Things You Need to Know to Practice should respond to incidents of political incorrectness Bankruptcy Law in the Southern District of Texas that arise in court, and what responsibility lawyers and Summary: The program was based on the Jeopardy game show. law firms have in dealing with politically incorrect actions The program had five topics and five questions in each of clients directed towards staff or opposing party and/or NEW topic, and a final question and answer. The program counsel. The presentation included three skits, each provided an overview of the basic issues faced by of which raised different issues and elicited a spirited bankruptcy attorneys in Texas. discussion about the subject of poltical correctness in Materials: Outline, Law, Questions, Handouts, Disc the practice of law. Presented By: The Moller-Foltz AIC, Houston, TX Materials: Outline, Script, Law, Questions, Handouts, Disc Date: 9/28/2004 Presented By: The Anthony M. Kennedy AIC, Sacramento, CA Date: 10/19/2004 P11329 Fahrenheit 523 to 727: What You Need to Know About Discharge and Dischargeability P11316 Historical Documents Summary: The purpose of this program was to demonstrate how Summary: The program covered the development of law from the type of bankruptcy case, whether it be Chapter 7, Babylonia to current issues before the Supreme Court NEW 11, or 13, impacted dischargeability issues. Using the NEW of the United States. There was a particular focus on plight of the fictional couple Mordecai and Blanche individual rights in the presentation, having traced Dubois Jones as a backdrop, the program provided those rights from the earliest legal systems to the an overview of the bankruptcy process, discussed Magna Carta, the Bill of Rights, and the United States bankruptcy filings, discussed exemptions and highlighted Constitution. 727 and 523 issues. Materials: Outline, Script, Documents, Law, Disc Materials: Outline, Script, Facts, Law, Questions, Video Presented By: The Garland Walker AIC, Houston, TX Presented By: The Moller-Foltz AIC, Houston, TX Date: 12/7/2004 Date: 10/26/2004

P11320 The Suffrage Movement: P11330 Dueling Leverage: Past, Present and Future Texas Hold ‘Em at the Cash Collateral Corral Summary: The focus of this program was on voting rights and Summary: The overall objective of the program was to show the their development since the establishment of the United legal and business ramifications of various negotiating NEW States. Voting rights grew over the decades to include NEW positions taken by constituent groups in a large Chapter women, minorities, and finally everyone older than 11 case. Using a multi-scene skit, the program revealed eighteen, and the program addressed the difficulties how the parties could find common ground by agreeing encountered by each of these groups, and how each on the use of cash collateral and debtor-in-possession group finally gained the right to vote. A “Did You Know” financing for the debtor. The material also included a list segment was included in the program, and it highlighted of terms used in the presentation. numerous relevant and sometimes humorous facts. Materials: Outline, Script, Facts, Law, Video Materials: Script, Articles, Questions, Handouts, Disc Presented By: The Moller-Foltz AIC, Houston, TX Presented By: The Ruth Bader Ginsburg AIC, Oklahoma City, OK Date: 2/23/2005 Date: 11/3/2004 P11339 So You Want to Be a Millionaire Lawyer P11321 Ada Lois Sipuel v. Board of Regents of The Summary: This program challenged Inn members to respond University of Oklahoma to legal trivia questions. Structured as a PowerPoint Summary: This program was about Ada Lois Sipuel’s legal struggle NEW presentation, the questions involved ethics, statutes, to be admitted as the first Black law student at the history of the law in Colorado. NEW University of Oklahoma’s College of Law. Four scenes Materials: Questions, Disc from James Vance’s Halls of Ivory were performed. Presented By: The Rhone-Brackett AIC, Denver, CO (Permission should be obtained from the playwright Date: 3/24/2005 before the program is performed.) The program also included a multimedia presentation on the history of Blacks in America, and included the reciting of letters sent to the Oklahoma University president and to the

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P10063 Post-Trial Motions: Federal and State P10595 Appellate Litigation— Summary: The program focused on important techniques of We All Get There Eventually preserving issues in civil matters on appeal and on Summary: This presentation was designed to inform trial lawyers, preparing post-trial motions. Panel participants discussed who do not specialize in appellate litigation, of the both state and federal procedures and highlighted some issues to be aware of during trial in order to protect their of the significant differences between the two systems. position on appeal. A three judge guest panel from A federal judge concluded the discussion by focusing on the Florida Fifth District Court of Appeals shared their habeas corpus petitions by death row inmates. insights with the Inn. Materials: Law, Articles Materials: Articles, Facts Presented By: The Los Angeles Legion Lex AIC, Los Angeles, CA Presented By: The Vassar B. Carlton AIC, Melbourne, FL Date: 4/16/1992 Date: 9/3/1997

P10160 Appellate Traps for the Unwary P10621 Bankruptcy/Appellate Practice Summary: The program presented 20 hypotheticals involving Summary: The program gave an overview of substantive areas of common problems in adequately preparing a trial bankruptcy law concerning conversion of a Chapter 11 case record for possible appeal. A group discussion followed to a Chapter 7 case, the grounds for appointing a trustee, each hypothetical, focusing on a resolution. A typed set the basis for extending a debtor’s time to file a reorganiza- of answers was made available after the program. tion plan, the ability of a secured creditor to obtain relief from Materials: Facts the automatic stay and bankruptcy appeals. The underlying Presented By: The Patrick E. Higginbotham AIC, Dallas, TX concentration was appellate advocacy. Date: 3/10/1993 Materials: Facts Presented By: The New Jersey Bankruptcy AIC, Newark, NJ P10284 Don’t Slip on Appeal Date: 3/2/1998 Summary: This presentation was a three-part play involving two young litigators writing the brief and arguing a high P10647 Asserting Objections and Making ✯ visibility criminal appeal. It began with the litigators the Rules of Evidence Work for You getting advice from a senior partner. Act Two was Summary: The program explored the criminal trials of several the oral argument, and in Act Three the judge held fictional characters aboard Star Trek’s “Enterprise”. The a conference and discussed errors made during presentation was premised on appellate court hearings arguments. After the role play presentation, a panel of held in the twenty-third century. The hearings addressed three judges (a judge from the state court of appeals, evidentiary issues and provoked discussion regarding the a supreme court justice, and a federal circuit court of triumphs and tragedies that result from courtroom battles. appeals judge) spoke on their “pet peeves” and took Materials: Script, Articles, Documents, Video questions and comments from the audience. Presented By: The Nevada AIC, Las Vegas, NV Materials: Facts, Script, Comments Date: 11/17/1997 Presented By: The Earl E. O’Connor AIC, Overland Park, KS Date: 9/20/1994 P10718 The Implications of U.S. v. Lopez for Federal and State Criminal Jurisdiction, P10456 Showtime! A Case in Point: U.S. v. Wilson The First Five Minutes of Appellate Argument Summary: The program centered on a mock oral argument before Summary: This program began with a brief presentation of “do’s an en banc federal circuit using the factual and legal and don’ts” for appellate argument. The program then background of U.S. v. Wilson, 133 F.3d 251 (4th Cir. continued with “name that case”, in which members 1997). The actual appellate litigators in the Wilson case of the audience were asked to identify famous cases were invited as guest to recreate their argument. The of the Supreme Court of the United States based on presentation reviewed the legal issues in Wilson and listening to the first five minutes of audio-taped oral gave suggestions for appellate argument. arguments. The third portion of the program shifted Materials: Articles, Documents, Facts, Law from audio to videotapes. The final portion was a Presented By: The Edward Bennett Williams AIC, Washington, DC representation of how appellate judges prepared for the Date: 3/19/1998 arguments they were going to hear and what judges were looking for in oral arguments. Materials: Facts, Articles, Bibliography Presented By: The Harry Phillips AIC, Nashville, TN Date: 2/20/1996

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P10721 Appellate Advocacy P11337 Appellate Advocacy Summary: This thorough program focused on appellate advocacy Summary: This program started as a panel discussion regarding in a broad sense, including litigation strategy and the differences between the various judicial circuits, preservation of claims in the district court, selection of NEWNEW particularly the DC and Federal Circuits. The discus- issues on appeal and oral arguments. Starting with sion also included the relative deference and amount “The Ten Commandments of Appellate Advocacy,” of review given by these circuits to the courts below, the program then utilized a skit to show, among other and by the Supreme Court to the various circuits. The things, what lawyers and judges really thought during pupilage team assembled a panel of experienced and an argument. The program concluded with the insight respected jurists and practitioners. This panel engaged of two judges from the U. S. Court of Appeals. in candid discussions on topics including what each Materials: Script, Comments, Law, Articles, Bibliography, Facts would change to improve appellate practice, the signifi- Presented By: The Edward Bennett Williams AIC, Washington, DC cant procedural differences between some circuits, the Date: 11/19/1998 role of non-precedential opinions, and improved oral advocacy skills and brief writing. A question and answer P10784 California Appellate Practice— period followed the discussion. A Primer for Trial Lawyers Materials: Outline, Articles, Law, Questions, Handouts Summary: This program was a general overview of appellate Presented By: The Giles Rich/Edward Coke Inns, Washington, DC practice. The presentation included a discussion about Date: 3/15/2005 the “Ten Commandments of Oral Argument,” analyzing each commandment in turn. Materials: Articles Presented By: The George McBurney Business Litigation AIC, Los Angeles, CA Date: 10/1/1999

P10956 Preserving the Appellate Record Summary: This program used cartoon characters, Rocky and Bullwinkle, to present a melodramatic mock trial. It addressed five aspects of preserving the appellate record in Florida state court: 1) Pre-trial and general consideration 2) Jury selection 3) Sufficiency of the evidence 4) Jury instruction 5) Improper conduct or comment by counsel or trial judge (including fundamental error). The teams presented several segments of a mock trial illustrating various issues on preserving the record for appeal. After each presentation the narrator elicited discussion from the audience on whether error had been presented. Materials: Script, Articles Presented By: The Vassar B. Carlton AIC, Melbourne, FL Date: 2/7/2001

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TITLE ITEM # PAGE TITLE ITEM # PAGE 50 Ways to Leave Your Partner P10403 84 Judgement Day: A Lawyer’s Soul on Trial P10606 29 70 Years from Scottsboro P11071 140, 170 Jury of Her Peers P11078 48 Abercrombie & Fitch LLP P11229 7, 172 Jury Trial is Vanishing: Should Anyone Care? , The P11298 2, 46, 69 Accidental Fax, The P10248 11, 29 Juvenile Thoughts on Crimes, Compentency, Conflicts and Achieving Racial Equality and Eliminating Racial Bias in Compensation P10514 118 the Judicial System P10310 83 L.A. Law on Trial P10222 26 All That Glitters is Not Gold P10505 39 Law Boat P10853 32 An Overview of Criminal Law Issues Relevant to Law-Mart: The Place to Be P10863 103 the Civil Practitioner P10465 129, 165 Lawyering Happily Ever After: Legally Correct Bedtime Stories P11031 101 Are Ethical Attorneys an Endangered Species? P10270 27 Lawyers in Love P10777 41, 100 Associate’s Reaction to Partner’s Fraud in Court P10493 17 Lies, Damned Lies, and Statistics P10753 54, 168 Attorney/Client Sexual Relations P10171 41 Lies, Delusions and Treachery P10152 117 Attorney Malpractice P10318 42 Limits of Zealous Representation, The P10294 27, 164 Attorneys on Trial P10422 124 Listen, (Doo Wah Doo), Do You Want to Know a Secret?: Bar Interference P11053 89 When Winning Isn’t Everything, It’s the Only Thing P11156 36, 121 Beyond the Yellow Brick Road: Pro Bono Practice in Lord of the Litigation: Trial and Tribulations of Local Counsel, The P11150 35 the 21st Century P11213 40, 97 Love in the Workplace, A Valentine Story P10251 91 Brave New World of Lawyering in the Next Millenium P10790 103 Love Potion Number Nine P10306 27 Calendar Conflicts and One’s Duty to the Court P10260 76 Mediation: Dos and Don’ts P10276 22 Cat Lies, The Lawyer Cries: What’s the Ethical Rule Mentoring P10837 85 When the Perjury Flies?, The P11325 2, 7, 38 Mount Everest on Trial P10671 159 Civility—Does Our Professional Have a Problem? P10259 82 Negotiation: Civility and Ethics P10275 20 Constitution—Casualty of War, The P10669 143 Noisy Lawyers + Silent Clients: Sarbanes-Oxley & the Controlling the Behavior and Appearance of Advocates Ethical Role of the Attorney P11283 2, 113, 132 and Parties in the Courtroom: The Judiciary’s Attempt to Achieve Justice? P10170 75 “Other Lawyers” We Hardly Know You: Minorities and Women in the Practice of Law, The P10445 92, 165 Criminal Law Problems in Civil Litigation P10196 129 Part-Time Lawyer, Full-Time Dilemma P10991 101 Death Penalty on Trial, The P11073 70, 131 People v. Big Bad Wolf P11090 7, 48 Difficult Depositions: You Be the Judge P10642 17 People v. Clarence Darrow—Part I P10299 135 Disbarment at Elsinore P10379 135 People v. Clarence Darrow—Part II P10300 135 Do You See What I See?—Fallacies of Eyewitness Testimony P10409 62 People v. Clarence Darrow—Part III P10301 135 Don’t Slip on Appeal P10284 176 People v. Clarence Darrow—Part IV P10302 135 Door Swings: Lawyers on the Move, The P10314 83 Plea Bargaining: Ethical and Moral Dilemmas in the Dorothy, You’re Not in State Court Anymore P10723 126 American Criminal Justice System P10710 20 Effective Advocacy In the Courtroom of the Future P10605 106, 166 Preparing for and Taking Depositions: The Right and Wrong Way P10074 16 Electronic Evidence Extravaganza P10889 59 Pro Bono: To Give or Not to Give, the 1.7 Billion Dollar Question P11154 97 Electronic Journal of Trial Advocacy P11188 163 Problems in Professional Responsibility P10632 30 Emaile and the Knight Raiders P10415 105 Public Service: A Melodrama P10845 32 Endings P10693 84 Queer Eye for the Guilty Guy: From Witness Geek to English Inns of Court: Medieval Beginnings to Witness Chic-The Fine Art of Witness Preparation P11230 10 Contemporary Practices, The P10944 96, 169 Quick Thinking—5 Seconds For Your First and Final Answer P10949 154 Ethical Dilemmas, Strategies and Techniques Read the Preamble P11092 35, 145 When Your Client Can’t or Won’t Pay P10730 31 Sara Smith v. Private University P10511 5 Ethical Duty of Counsel to Clients in Test Cases: Lessons from the Scopes Case, The P10715 137 Search Warrants in White Collar Cases P10535 111 Ethics & Professionalism In and Out of the Courtroom P10716 31 Secrecy in Litigation: How Far Can You Go to Keep Things Quiet? P10578 12 Ethics of Communicating with a Party’s Employees, The P10583 29 Six Score and Eighteen Years Ago—Litigation in Abraham Lincoln’s Time and Today P10417 135 Everything I Really Need to Know About Practicing Law I Learned in Kindergarten P10724 31 Story of Bill Blade’s Wipers, The P10162 11 First Amendment and the Courtroom, The P10636 143, 166 Stressful Day, The P10295 83 For Love of the Game: Toward Personal Fulfillment in Survivor: The Compleat Lawyer P10942 33, 154 the Practice of Law P10838 100 Systems of Civil Law Around the World P11077 126 From the Boardroom to the Courtroom P10943 33 Temptations: Fables For Hard Times P10700 125 Greed, Gold Diggers & The Golden Years P11306 2, 25, 122 Think Before You Peek: Electronic Surveillance in the Workplace P10904 107 Harrad v. Barry; State v. Harrad—A Year-Long Program P10242 129 Thou Shalt Not Endorse Religion P11095 145 Hidden Language of Negotiations, The P10742 20 Titanic Arbitration, A P10902 23, 139 High Profile Cases P10508 72 To Coach or Not to Coach P10271 8 Hitting the Lawyer in the Pocketbook P10419 96 Travails of Henry VIII, The P10901 120 Honey, We Shrunk the Judge: The Diminishing Role of Trial of Roscoe “Fatty” Arbuckle, The P10146 134 the Judiciary P11058 78 Tripped Up-Electronic Surveillance in the Workplace P10874 107 How to Get a Divorce Without Really Crying Use and Abuse of Demonstrative Evidence, The P10207 58 (For Love or For Money) P10506 106 Virtual Ethics: Conflicts of Interest in the Year 2000 and Beyond P10526 39 How to Handle the Lying Client/Lying Friendly Witness P10148 53 Voyeurlawyer.com—The Admissability of Evidence Via the Internet P10850 107 I’ve Got a Secret—Confidentiality in the 21st Century P10347 105 What Should Happen to Baby Jane? P10254 117 Illinois v. Nathan Leopold and Richard Loeb P10886 139 When Hatred Isn’t Kosher: Is Speaking Your Mind Going Too Far? P10819 40 Incivility Zone, The P10739 84 When the Partnership Splits Up P10071 82 Inns of Equity: High School Intern Program P11202 163 When Worlds Collide: DIVORCE & Bankruptcy P10988 116 Invading the Sanctity of the Jury Room P10200 68, 164 Withdrawing as Attorney: Ethically Jumping Ship P10792 32 It’s a Wonderful Witness P10704 9, 18 Wreck of the SS Philadelphia: Leaks and Other Releases P10573 72, 165 It’s All in the Game—Tuning in the Legal Ethics Channel P10695 152

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TITLE ITEM # PAGE TITLE ITEM # PAGE 25 Things You Need to Know to Practice Bankruptcy Attorney-Client Privilege Under Siege, The P10720 31 Law in the Southern District of Texas P11328 116, 157, 175 Attorney-Client Privileges P10446 28 2015: The Twilight Zone P11246 113 Attorney/Client Sexual Relations P10171 41 50 Minutes: The Shrinking Bill of Rights P11169 146 Attorney Ethics in Sports and Entertainment P11336 41, 97, 157 50 Ways to Leave Your Partner P10403 84 Attorney Fees and Billing—Practical and Ethical Considerations P10372 96 60 Minute Minefield, A P11142 102 Attorney Fees (Billings and Awards) P10601 96 70 Years from Scottsboro P11071 140, 170 Attorney Fees: Issues and Answers P10361 96 800 Years of Habeas Corpus P11243 80, 147 Attorney Malpractice P10318 42 Abercrombie & Fitch LLP P11229 7, 172 Attorney Malpractice P10191 42 Abraham Lincoln: The Man, The Lawyer, The Statesman P11020 94, 162 Attorney Misconduct and Lying Clients P10765 120 Academy Awards of Dignity in the Law P11175 86 Attorney Witch Hunt Project P10880 69, 168 Accidental Disclosure, The P10679 17 Attorneys at Heaven’s Gate P10633 30 Accidental Fax, The P10248 11, 27 Attorneys on Trial P10422 124 Achieving Racial Equality and Eliminating Racial Bias in the Authentication and Admission of Evidence P10775 57 Judicial System P10310 83 Babs Duckhead v. Sheik Youra Bouti P10794 51 Activist Judges P10036 75 Back to Basics: Criminal Law P11152 131 Ada Lois Sipuel v. Board of Regents of The University of Oklahoma P11321 95, 142, 175 Bad Advice P10342 99 Administrative Discharge for Homosexuality P10382 123 Bankruptcy P10962 116 Admiralty Law Aboard the Viking Sun P10091 127, 164 Bankruptcy P10234 114 Admissibility of Scientific Evidence, The P10413 91 Bankruptcy and Divorce P10663 115 Adventures of Troy Albany, The P10350 158 Bankruptcy/Appellate Practice P10621 176 Advocacy/Adversarial: How to Handle 95 Percent of the Cases Bankruptcy Inn of Court 1995–1996 P10380 114 You’ll See P11036 24 Bar Counsel Grievances P10176 42 After the O.J. Trial: Are There Any Good Ideas Out There for Improving Jury Trials? P10357 68, 164 Bar Interference P11053 89 Agency Rulemaking Versus Guidance P10699 125 Barrister Battles P11275 156 Ain’t Misbehavin’: Is Gamesmanship in Litigation Consistent With Being Professional and Adversarial: The Double-Edged Sword P10745 40 Professionalism & Civility? P11049 34 Bench/Bar Forum—An Opportunity for Mutual Feedback on Alice in Statutory Land: A Musical in One Act P10482 124 Certain Issues P10358 76 All in A Family P11231 122 Benefits and Pitfalls of Alternative Dispute Resolution P10860 23 All That Glitters is not Gold P10505 39 Better Pets through Chemistry: A Study in Intellectual Property P11043 133 All Those Pesky Rules of Evidence Judges Expect You to Know P11222 57, 78 Beyond Belief: Truth or Fiction? P11309 37, 79 Alternate Dispute Resolution P10602 23 Beyond the Snake Pit: Mental Illness and the Law P11009 140 Alternative Dispute Resolution P10899 23 Beyond the Yellow Brick Road: Pro Bono Practice in the 21st Century P11213 40, 97 Alternative Dispute Resolution—Are There Really Desirable Alternatives to Litigation? P11024 24 Bias & Bucks: The Price of Prejudice P10571 92 An Inside Look at a Settlement Conference in a Federal Civil Case P10012 19 Biased Perspective, A P11182 94 An Oral History of the Practice of Law in the 20th Century P11207 36, 86, 171 Big Case: Managing for Survival and Success, The P10432 5 An Ounce of Prevention P10813 85 Big Chill: Special Motions to Strike, California’s Anti-Slapp Statute, The P11255 60, 74 An Overview of Criminal Law Issues Relevant to the Civil Practitioner P10465 129, 165 Bill Doyle, Where Are You? P10914 161 An Uncivil Reaction P10627 44 Bin Laden Meets the Law P11048 131 Anatomy of a Settlement P10830 21 Biography of a Troubled Lawyer P11037 89 Anatomy of a Trial: Jury Selection P11286 48, 51 Biz Place, The P10582 158 Anatomy of a Trial: The Trial P11287 52, 54, 67 Blakely and the Future of Federal Sentencing P11269 70 Animation in the Courtroom P10620 106 Body Talk and the Eighth Amendment P10670 143, 167 Apopka Tales, The P10515 28 Bones of Colonel Hart: Comparative Cross-Examination of an Expert Witness, The P10268 62 Appellate Advocacy P10721 177 Boston Massacre Trial, The P10567 136 Appellate Advocacy P11337 177 Brave New World of Lawyering in the Next Millennium, The P10790 103 Appellate Litigation—We All Get There Eventually P10595 176 Breaking Up (the law firm) is Hard to Do—Right? P10530 84 Appellate Traps for the Unwary P10160 176 Breaking Up Is Hard To Do: A Morality Play P11107 59 Are Ethical Attorneys an Endangered Species? P10270 27 Britain v. U.S.—Libel Law Litigation on Both Sides of the Pond P10484 126 Arguing Damages During Closing Argument P10177 66 Brown v. Board of Education: 50th Anniversary P11264 94, 147 Art, Cultural Heritage and the Law P11292 174 Building Your Reputation P11200 36, 149 Art of Cross Examination, The P10532 20 Byrd in the Hand: Summary Judgment Redux P10349 47, 61 Art of Cross-Examination, The P10208 53 C.Y.A.—Covering Your ASSets P10240 111 Art of Oral Advocacy, The P10323 97 Cain’s Blood P10461 129 “As the Ethics Turn:” Ethical Dilemmas Faced by Practitioners P10637 119 Calendar Conflicts and One’s Duty to the Court P10260 76 Ask Justice Jeopardy P10241 150 California Appellate Practice—A Primer for Trial Lawyers P10784 177 Ask the Legal Wizard P10398 118 California Civil Rights Initiative P10426 124 Asserting Objections and Making the Rules of Evidence Work for You P10647 167, 176 California Civil Rights Initiative Pros and Cons II P10428 91 Associate’s Reaction to Partner’s Fraud in Court P10493 17 Can I Talk to You? P11258 78, 80 Attorney-Client and Work Product Privileges P10308 27 Candid Camera: Cameras in the Courtroom P10868 107

2005–2006 Program Catalog 179

IIndexndex.i inddndd 179179 99/16/2005/16/2005 3:11:573:11:57 PMPM Index By Titles

TITLE ITEM # PAGE TITLE ITEM # PAGE Care, Nurturing and Feeding of Witnesses, The P10435 8 Communication Between Lawyers and Judges and Jurors P10137 97 Case of Philandering Phil, The P10603 56 Computers and the First Amendment P10939 144 Case Settlement Pitfalls P10384 20 Computer Crimes P10778 107 Case Studies in Ethics P10095 26 Computer-Enhanced Litigation P10206 105 Case Themes, Theories and the X-Factor P11115 66 Computerizing the Legal Mess P10165 105 Castaways v. the Skipper, The P10865 64 Conflicts of Interest—An Attorney Dilemma P10145 38 Cat Lies, The Lawyer Cries: What’s the Ethical Rule Conflicts of Interest in Bankruptcy Cases P11340 41, 117 When the Perjury Flies?, The P11325 2, 7, 38 Conflicts of Interest: The Conundrums of Katz & Fish P11045 40 Challenge of a Challenge, The P11046 78 Conflicts of Interest: The Conflicts Jungle in Modern Litigation P10154 39 Chapter 11 Practice Course P10919 116 Confronting the Unthinkable—The Sad, Strange Tale of Character Evidence P10612 56 Oliver Wendell Diptill, Esq. P10203 82 Character Evidence in the Trial of Captain Kidd P10795 138 Congressional Investigations P11027 13 Charitable Choice: A Violation of the Separation of Church Considerations, Pitfalls and Ethics of Communicating with Auditors and State? P10975 144 and Clients During a Criminal Investigation P10173 11 Child’s Litigation Primer: The Case of the Golden Rule v. All’s Fair Constitution—Casualty of War, The P10669 143 in Love and War, A P10965 33 Constitutional Convention of 1787, The P11206 140, 146, 171 Choices in Presentation Technology P11125 66, 108, 170 Consumer Bankruptcy Course P11232 159, 163 Choices on the Way to Death P10983 131 Contact with Represented Individuals P10055 11 Choosing an Expert—The Best and the Brightest P10882 64 Control of the Courtroom: Whose Courtroom Is This? P10128 75 Christmas Conflict, A P10570 84 Controlling Sex and Violence in Hollywood— Christmas Torte: Lawyer-Judge Relationships, Past, Present & First Amendment Issues P10879 144 Future, A P10502 84 Controlling the Behavior and Appearance of the Advocates and Citizen Lawyer: Reflections on the Past, Present and Future, The P11279 87, 103 Parties in the Courtroom: The Judiciary’s Attempt to Achieve Civil Damages Trial P10974 6 Justice? P10170 75 Civil Liberties in Wartime: Historical and Modern Perspectives P11033 162 Core Values of MDP’s: Where is the Practice of Law Going? P10960 104 Civil Trial from A to Z P10134 158 Corporate Carol: Pro Bono versus Profitability, A P11147 96, 112 Civil Unions and Same-Sex Marriages P11244 122, 147 Corporate Compliance: Who Wants to Be a Millionaire Defendant? P10861 153 Civility and Professionalism P10888 33 Corporate Counsel as Corporate “Watchdogs”: It’s a Good Thing? P11285 44, 113 Civility! Bah Humbug! P11025 34 Corporate Counsel’s Conundrum and Jitters from Joint Defense Agreements P10046 111 Civility—Does Our Profession Have a Problem? P10259 82 Corporate Crime in the 21st Century P11130 112 Civility in the Courtroom P10232 76 Corporate Elevator, The P10405 58 Civility in the Courtroom and the Practice of Law P10394 83 Corporate Espionage: California Business and Professions Code Civility in the Courtroom, or How Not to Tarnish Your Reputation, Section P10981 111 Damage Your Case, and Further Demean Your Profession P10772 85 Corporate Governance Issues for the Insolvent (or Nearly Civility in the Practice of Law P10995 85 Insolvent) Company P10946 111 Civility in the Practice of Law P11335 38, 44, 88 Corporations and Ethics P11122 112 Civility, Sanity & Winning P11315 18, 38, 87, 127 Courtroom of the Future, The P10467 105 Class Act(ion)!, A P11221 36 Courtroom Wizardry P11239 65, 110, 132, 172 Class Action Litigation P10818 13 Crash and Burn, Marriage on the Rocks P11180 89, 121 Class Actions P11004 112 Creative Ideas & Tactics to Exploit Deposition Discovery P10464 17 Client as Business Partner: Attractive Opportunity or Trap for the Criminal Evidence Problems P10215 129 Unwary?, The P10714 40 Criminal Law Issues Relevant to the Civil Practitioner P10759 130 Client Interview and Determination of Causes of Action to be Filed, Civil and Criminal P10025 5 Criminal Law Problems in Civil Litigation P10196 129 Client Interview/Ethical Considerations P10388 83 Criminal Law’s Triple Play: A Guide to Search & Seizure P11296 15, 174 Client Perjury and the Attorney/Client Privilege P10713 31 Cross-Cultural Issues in the Practice of Law and Legal Proceedings P10356 97 Client Walks in the Door, The P10023 5 Crossing the Line—Lawyer Compromises, Ethical and Legal P10791 32 Clients From Hell P10980 34 Current Issues in Employment Law P10500 92 Close Encounters of the Unkind—How Civil is Our Legal System? P10572 84 Curve Ball: Addressing the Freedom of Speech—Prayer in a Closing Argument P10068 66 Public Forum and on License Plates P11170 146 Closing Arguments P11159 67 Custody Case: Interviewing a Party and Argument to a Judge, A P10029 117 Closing Arguments P10272 66 Cyberworld Criminal Issues P10722 107 Closing Arguments: The Ruby Ridge Incident Wrongful Death Dateline AIC P11002 144 Civil Trial P10539 66 Daubert and Cross-Examination of Expert Witnesses P10908 64, 169 Coaching Your Witness: How Far is Too Far? P10568 9 Daubert and the Nonscientific Expert P10737 64 Cohabitation and Alimony: Bob + Carol + Ted + Alice + Sam + Sue P11219 24, 121 Daubert the Expert Witness—A State and Federal Perspective Combating Stress in Personal and Professional Life P10799 100 from the Bench and Bar P10619 63 Commandments for Maintaining Professionalism P10638 30 David v. Goliath Brake Systems: Putting the Brakes on Commercial Litigation—Part I P10449 56 Technology in the Courtroom P11209 109, 171 Commercial Litigation—Part II P10450 56 Dealing with a Lying Client P10118 26 Commercial Litigation—Part III P10912 57 Dealing With Difficult Lawyers and Difficult Judges P10329 76 Commercial Litigation—Part IV P10452 56 Dealing with the Media P10110 71 Commonwealth of Pennsylvania v. Xethakis P10893 57 Death Penalty, The P10258 129 Communicating Effectively with Jurors P10717 48 Death Penalty on Trial, The P11073 70, 131

180 2005–2006 Program Catalog

IIndexndex.i inddndd 180180 99/16/2005/16/2005 3:11:573:11:57 PMPM Index By Titles

TITLE ITEM # PAGE TITLE ITEM # PAGE Death Penalty: Where Have We Been and Where Are We Don’t Get Trapped In the Net Update P10588 106 Going?, The P11042 131 Don’t Slip on Appeal P10284 176 Decision Analysis P10252 20 Don’t Mess With My Bill P11157 97 Defending a Client in High Profile Investigations P10623 127 Door Swings: Lawyers on the Move, The P10314 83 Defending Your Life—Ethics P11160 102, 170 Dorothy, You’re Not In State Court Anymore P10723 126 Deja Vu All Over Again, The Ethics of Cloning P10731 31 Dr. Feelgood’s Dilemma and the Amazing Advice of Captain Deliberate Delay Tactics in a Criminal Case P10834 130 Conflicts, Contra Major Venality P10950 40 Demise of Mize: Statutory Changes in F.S.A. 61.13— Drug Court P10866 161, 168 Reworking Mize Presumptions Relative to Relocation of DUI Mock Trial: An Exercise to Observe and Evaluate Jury Custodial Parents, The P10655 119 Deliberations P10189 68 Demonstrative & Physical Evidence in the Courtroom— DUI: Legal Issues for the General Practitioner P10598 89 You Want to do WHAT with That Thing? P10373 58 Dueling Leverage: Texas Hold ‘Em at the Cash Collateral Corral P11330 117, 175 Demonstrative Evidence P10219 58 Early Creditor Actions: Motion to Dismiss for Bad Filing, Motion Demonstrative Jury Voir Dire P10109 50 for a Trustee, Motion to Convert, Motion for an Examiner P10548 114 Dependency 2000 P10885 161 Early Neutral Evaluation P10401 22 Deposition for Dummies P10348 16 Ed Elder’s Road to Happiness: Issues in Elder Law P11179 93 Deposition Process, Procedure and Use at Trial P10815 18 Eddie Fenton’s Dilemma: Resolution of Interagency Conflicts P10701 125 Depositions P10287 16 Effective Advocacy In the Courtroom of the Future P10605 106, 166 Depositions: The Usual Stipulations, the Usual Problems P10040 16 Effective Communication: Do You Hear Me? P10127 97 Designing and Presenting Trial Graphics P10907 59 Effective Courtroom Etiquette & Courtesy P10909 77 Determining Real Income Based on K-1 and Other Tax Analysis P10385 118 Effective Ethical Trial Lawyer’s Survival Guide, The P11028 34 Differences in State and Federal Rules of Procedure P10847 153 Effective Jury Selection Techniques P10116 50 Difficult Depositions P10648 17 E-Justice P11040 108 Difficult Depositions—How to Survive and Even Succeed P11015 18, 170 E-Prentice: The E-Trail from the Boardroom to the Courtroom, The P11295 3, 14, 110 Difficult Depositions: You Be The Judge P10642 17 Elder Law P10963 144 Difficult Judge and the Judge with Difficulties, The P10089 75 Electronic Discovery: A Case Study P11220 14, 109 Difficult, Unworthy or Just Plain Impossible Client, The P10917 33 Electronic Discovery: The Future is Now P10709 13 Difficult Witnesses We Have Met P10736 167 Electronic Evidence Extravaganza P10889 59 Digital Discovery P11238 14, 110 Electronic Evidence in Court P11212 14, 109 Direct and Cross-Examination P10125 53 Electronic Journal of Trial Advocacy P11188 163 Direct and Cross-Examination of an Economist P10013 53 Emaile and the Knight Raiders P10415 105 Direct and Cross-Examination of Lay Witnesses, Emerging Courtroom Technology: Cutting Edge Technology in Trial P10540 106 Judicial Notice—Adjudicative Facts, and Direct and Employment Issues in the Work Place P10324 91 Cross-Examination of Experts P10309 62, 164 Endings P10693 84 Direct and Cross-Examination of Witnesses P10468 53 English Inns of Court: Medieval Beginnings to Contemporary Direct Examination P10035 55 Practices, The P10944 96, 169 Disbarment at Elsinore P10379 135 Environmental Justice P10822 125 Disciplinary Board of the Supreme Court P10119 42 Establishment of an Administrative Body to Prevent Future Major Disclosure of Federal Government Information: Freedom of League Strikes, Labor Impasses & Lockouts: Home Run or Information and Subpoenas P10253 123 Strikeout?, The P10316 123 Disclosure Statement: Objections to Same and Plan P10553 115 Ethical and Effective Negotiations P10768 20 Discovery Carol: ‘Twas the Night Before Disclosure, A P11127 13 Ethical Dilemmas Facing Young Lawyers P10334 83 Discovery in the Age of Technology P10280 12 Ethical Dilemmas for Lawyers and Judges P10507 39 Discovery in the Age of Technology P11084 13 Ethical Dilemmas for the Trial Lawyer P10022 26 Discovery Mistakes P10434 12 Ethical Dilemmas, Strategies and Techniques When Your Client Discovery of E-Mail P10463 12 Can’t or Won’t Pay P10730 31 Discrimination in the Legal Profession P10811 92 Ethical Duty of Counsel to Clients in Test Cases: Lessons from Discrimination: Do You Know it When You See It? P11100 93 the Scopes Case, The P10715 137 Discriminatory Peremptory Challenges P10470 130 Ethical Feud: An Exercise in Avoiding Pitfalls P10691 152 Discussion on the Challenges Faced by Judges in Becoming Ethical Issues P10945 42 Better Mediators and Lawyers Becoming Better Advocates Ethical Issues in UM/UIM Arbitration P11132 24 in ADR Proceedings, A P10953 24 Ethical Issues Raised by the L. A. Rampart Scandal P10979 140 Dissecting Bill Gates’ Deposition Performance—Untold Story v. Ethical Jeopardy P10353 151 Microsoft P10978 18 Ethical Jeopardy P10088 150 Diversity: In the Context of Sexual Harassment P10872 93 Ethical Jeopardy P10052 150 Do Bad Clients Make Good Lawyers? P11069 6 Ethical Jeopardy P11257 122, 156 Do Jurors and Attorneys Perceive a Particular Trial the Same? P10658 45 Ethical Situations—When Going Too Far is Too Far P10610 30 Do You See What I See?—Fallacies of Eyewitness Testimony P10409 62 Ethical Squares P10948 154 Do You Take a Chance and Represent a Civil Fraud Defendant? P10732 6 Ethics P10928 33 Doing the Right Thing P10400 164 Ethics P10218 26 Domestic Law—Do Not Attempt This on Your Own—Hire an Expert P10597 118 Ethics P10264 42 Domestic Law of War: USA Patriot Act and Civil Liberties P11198 57, 113, 171 Ethics & Professionalism In and Out of the Courtroom P10716 31 Domestic Violence P10662 119 Ethics & Trusts: Osbourne Style P11123 60, 121 Domestic Violence Law of New Jersey P10805 120 Ethics and Expert Witnesses P11197 36, 65, 171

2005–2006 Program Catalog 181

IIndexndex.i inddndd 181181 99/16/2005/16/2005 3:11:573:11:57 PMPM Index By Titles

TITLE ITEM # PAGE TITLE ITEM # PAGE Ethics and Evidence: Ever The Twain Shall Meet P11259 65 Forensic Pathology P10211 62 Ethics and L.A. Law P10355 164 Framers to Zippergate—Is this What Madison Really Meant? P10590 143 Ethics and Professionalism in the Courtroom: The Case of Free Press—Fair Trial P10616 72 B. B. Wolf v. Mother Goose & Aesop P10625 92 Freedom Under Serveilance P11242 80, 86, 147 Ethics and Sanctions P10204 26 Frivolous Lawsuits: Cutting Edge or Over the Edge? P11308 3, 37, 65, 174 Ethics and Young People P10513 165 From Apology to Hardball: Practical Techniques for Negotiators P11021 21 Ethics in Interviewing a Criminal Defendant P10690 6 From In-House to the Big House P11158 112 Ethics in Litigation P10001 26 From the Boardroom to the Courtroom P10943 33 Ethics in Litigation P10224 20 From the Inn to the Internet: The Past, Present and Future of Ethics, Modern Technology, and the Law P10261 105 Legal Education in America P11164 109, 149 Ethics of Bankruptcy and Environmental Law P10144 114 From the Jury Box P11149 69 Ethics of Communicating with a Party’s Employees, The P10583 29 Funny Money: Punitive Damages in the 90s P10433 45, 165 Ethics of Discovery: Civil and Criminal P10188 11 Future of Privacy in Cyberspace, The P10969 108 Ethics of Inducing Settlement P10202 19 Game Show Night P10846 153 Ethics or Morals: Does it Make a Difference? P11155 36 Gator Bites Back, The P10156 55 Ethics: Preparing a Witness for a TRO Affidavit and Hearing P10043 8 Gay Marriage: What Can We Expect From the Court of Appeals? P11305 95, 148 Evaluation of Discovery Devices: When to Use Depositions, Getting It In and Keeping It Out: Direct & Cross-Examination P10420 124 Interrogatories and Motions, and When Not To P10674 17 Getting the Clients and Signing them Up P10596 5 Everything I Really Need to Know About Practicing Law I Learned Getting the Judge’s Attention P10738 77 in Kindergarten P10724 31 Getting Things Rolling: Don’t Gamble with Your Client’s Case P10431 129 Evidence Jeopardy P10354 151 Golden Age of the Prettyman-Leventhal American Inn of Court— Evidence Jeopardy P10225 150 Part I, The P10516 158 Evidence Requirements for Equity Relief P10216 56 Got a Problem But No Time, No Money: Alternatives to Using the Evidentiary Issues of the Salem Witchcraft Trials P11097 57 Judicial System P11105 78 Evidentiary Issues: Employment Discrimination P10214 91 Grand Delusion: The Anatomy of a Lie P10796 54 Evidentiary Objections & Rulings: A Primer on Basic and Grand Jury P10600 45 Complex Objections & Commonly Misunderstood Rules P10239 58 Great Expectations P10082 75 Evidentiary Objections and Problems P10064 55 Greed, Gold Diggers & The Golden Years P11306 2, 25, 122 Ex Parte Milligan P11214 128, 141 Grievance Committee P10101 42 Examination of Expert Witnesses P10010 62 Grievance Complaints: Ethics During Negotiations P10153 19 Examining the Lay Witness P10763 54 Guidelines for Conduct: Discovery & Hearings P10537 12 Excruciating Ethical Issues P10640 30, 166 Handling Gender Bias in Your Practice and in Family Law P10809 120 Executory Contracts for 300 Points P10552 115 Harrad v. Barry; State v. Harrad—A Year-Long Program P10242 129 Expert Dilemma—Percipient v. Retained, The P10558 63, 165 Hearsay Evidence P10849 57 Expert Testimony P10726 64 Hearsay Exception Bowl, The P10080 150 Expert Witness: Interview, Selection, and Voir Dire, The P10702 64 Hearsay Exceptions: Public Records and Reports— Expert Witnesses P10369 62 Florida and Federal P10076 55 Expert Witnesses: A Hearing on the Admissibility of Polygraph Hearsay Jeopardy P10802 152 Evidence after Daubert v. Merrrell Dow Pharmaceuticals, Inc., Hearsay: What Do You Know? P10492 151 509 U.S. 579 (1993) P10541 63, 165 He’s In the Army Now P11174 128 Expert Witnesses and Scientific Evidence: Evidentiary Hearing Hi-Tech Graphics in the Courtroom P10976 108 on the Admissibility of a Polygraph Examination P11052 59 Hi-Tech, Hi-Risk, Hi-Responsibility P10864 107 Explore your Psychological Profile: Vocational and Personal Interpretation and Application P10591 160 Hidden Language of Negotiations, The P10742 20 Exploring Moral and Ethical Dilemmas Through the Art of Film P10941 33 High Profile Cases P10508 72 Extreme Attorney Make-Over, The P11204 43 “Hired Gun:” Issues Concerning the Use of Trial Experts, The P10574 63 Eyewitness Testimony: Memory or Creation? P11303 10 Historic Oklahoma Trial of George “Machine Gun” Kelly, The P10643 137, 166 Fahrenheit 523 to 727: What You Need to Know About Historical Documents P11316 141, 175 Discharge and Dischargeability P11329 25, 117, 175 History of the English Inns of Court, the American Inns of Court Family Law Evidentiary Issues P10656 119 and the Temple Inn of Court, A P11145 126, 170 Family Violence—Is it Your Business? P10694 120 Hitchhiker’s Guide to 1995 Oregon Tort Reform: Pitfalls and Pratfalls for Lawyers and Clients, A P10510 99 Famous Corporate/Accounting Scandals and Scoundrels P11129 112 Hitting the Lawyer in the Pocketbook P10419 96 Farrell vs. Strong Line, Inc., et al. P10378 158 Hollywood Squares—Puget Sound Inn of Court Style P10803 152 Federal Sentencing Guidelines P10057 70 Holy Night, Silent Witness P11208 10, 36 Federal Sentencing Guidelines: Selected Topics P10421 70 Holy Office v. Galileo Galilei, The P10460 63 Fee Issues in Bankruptcy P10729 116 Honey, We Shrunk the Judge: The Diminishing Role of the First Amendment and the Courtroom, The P10636 143, 166 Judiciary P11058 78 First Amendment: Burning Questions P11094 145 Hot Topics on the Internet P10989 108 First Day Orders P10547 114 How a Jury Looks at a Discrimination Case P10609 45 Fitness Gym Case: Smith v. Davidson and Fitness Gym Inc., The P10499 158 How and Why to Build Your Networking Skills P11199 102 FNN (Fradulent News Network) Reports P11218 73, 128 How Civil and Criminal Matters Would Be Handled by Other Follywood Squares P11293 156 Countries’ Judicial Systems P10255 126 Fool for a Client: How to Deal with Self-Represented Litigants, A P11236 37, 80 How Did I Get Here and What Do I Do Now?: We Have a Failure For Love of the Game: Toward Personal Fulfillment in the to Communicate P11228 37, 43, 98, 172 Practice of Law P10838 100

182 2005–2006 Program Catalog

IIndexndex.i inddndd 182182 99/16/2005/16/2005 3:11:573:11:57 PMPM Index By Titles

TITLE ITEM # PAGE TITLE ITEM # PAGE How Far Can You Go in Closing Arguments P10099 66 Issues in Family Law P11011 120 How Judges Decide: Making Discretionary Decisions P10360 76 Issues in Law Practice Management: Stress, Work, Cyber-Stuff How to Get a Divorce without Really Crying (For Love or for and Having a Life P10708 100 Money) P10506 106 It Can’t Happen Here Again—Can It? P11135 86 How to Handle a Lying Client P10003 16 It’ll Never Catch On: A Perspective on Law & Justice Through How to Handle the Lying Client/ Lying Friendly Witness P10148 53 the Ages P10977 161 How to Handle the Lying Witness P10249 8, 16 It’s a New Dawn: Awards of Attorney’s Fees Against Counsel Boon or Bust? P10804 96 How to Try a Family Court Case Effectively P10848 120 It’s A Wonderful Witness P10704 9, 18 How to “Use” the Media P10474 71 It’s All in the Game—Tuning In the Legal Ethics Channel P10695 152 HR 2926—An Act of Private Interest of Public Law P11067 163 It’s a Wonderful Lawyer’s Life P11072 163 Human Memory in the Courtroom P10984 162 Jaws II—Managing Difficult Clients P10346 5 I Love Rent Control P11144 125 Jekyll, Esq. v. Hyde, Esq.: Curbing Conduct Unbecoming P10734 31 I Object P10807 168 Jeopardy P10672 152 I Object! You Be the Judge P10090 55 Jeopardy P11288 156 I Object! You Be the Judge P10187 56 Jeopardy! P10996 155 I’ve Deleted You Off My Hard Drive, but I Can’t Get You Out of My Life P11233 14, 109, 172 Jeopardy Clients P11318 58, 156 I’ve Got a Secret—Confidentiality in the 21st Century P10347 105 Jerry Springer Presents: Equal Justice For All? Confessions of Ethically Challenged Lawyers & Judges P10646 30 Identity Theft Clearing House: What’s In it For You? P11104 108 Jerry Springer v. Judge Judy: The Effects on the Public Illinois Prison Crisis and Sentencing Alternatives, The P10094 70 Perception of the Judicial System P11163 73, 78 Illinois v. Nathan Leopold & Richard Loeb P10886 139 Job Satisfaction in the Legal Profession P11029 101 !IMAGINE! The 3 Phases of Eve: The Life of the Law as lived by John Shipp Memorial Symposium on Professionalism, Civility 3 Lawyers P11254 87, 93, 102, 173 and Ethics P10800 32 Impact of Stress and Stress Management in Our Practice, The P10747 100 Joint Custody, Domicile Restrictions and Visitation Orders from Impaired Lawyers: How to Handle Them; How to Help Them P10054 82 the Perspective of the Mental Health Profession P10665 119 Impeachment Trial of Andrew Johnson, The P10651 137 Joint Defense Agreements P10002 128 Implications of U.S. v. Lopez for Federal and State Criminal Judge or Jury? P11273 48, 81, 173 Jurisdiction, A Case in Point: U.S. v. Wilson, The P10718 176 Judge-Baiting, Error-Creating, and Other Ethical Conundrums P10172 75 Impossible Judge, The P10497 77 Judgement Day: A Lawyer’s Soul on Trial P10606 29 In Living Color—Effective Lawyering and the Race Card P10769 85 Judges & Experts: Gatekeepers or Goalies? P10897 139 In the Minds of the Jury P10770 69 Judgments, Verdicts, Appeals and Executions with Media Exposure P10195 71 Inadvertent Disclosure, The P10478 28 Judicial Candidates Forum P10576 160 Inadvertent Waiver/ The Inexperienced Attorney P10201 82 Judicial Disqualification P10657 77 Incivility Zone, The P10739 84 Judicial Ethics P11276 44, 79, 173 Indian Gaming: The House Always Wins P11323 127, 132 Judicial Ethics in Law & Motion Practice or How to Handle the Indictment of Ham Sandwich—A Study of the Grand Jury, The P10706 46, 167 Dreaded “Motion to Kiss My A**” P11338 79 Informal Discovery Jeopardy P10783 13, 152 Judicial Handbook of Kansas City, The P10221 76 Information Superhighway and Court Technology, The P10315 105 Judicial Independence P10569 77 Injustices of the Supreme Court: Principle, Prudence, or Politics? P11326 79, 95, 142 Juries P10368 69 Inn of Court: Club? College? Trade Union?, The P11066 162 Jurisdiction—Removal, Withdrawal of Reference, Remand and Innovative Jury Techniques P10332 68 Abstention P10728 125 Inns and Outs of Professional Communication,The P10793 98 Juror Biases: Uncovering Them; Using Them: How Far Can You Go? P11299 49, 51, 174 Inns of Court as a Seminal Paradigm and Metaphor for Jurors as Active Participants: Justice or Just-A-Mess P10712 47 Jurisprudential Pedagogy P10639 77 Jurors—How They Make Decisions and Their Views of the Inns of Equity: High School Intern Program P11202 163 Process and its Participants P10681 47 INNtroduction P11012 162, 169 Jurors on Trial: Challenging Jury Misconduct P10453 69 Inquiry into the “Dateline” Crash Demonstration of a General Jurors’ Verdict on Lawyers and the Courts, The P11041 46 Motors Truck P10427 59 Jurors’ Verdict on Lawyers and the Courts, The P11109 46 Insurance Bad Faith P11195 21, 122 Jury, The P10386 69 Intellectual Property—Hollywood Squares Style P11126 133 Jury Communications: Issues and Innovations P10584 47, 166 Internal Investigations: Joint Defense Privilege, Confidentiality Jury Consultants in High-Profile Cases P11274 48, 51 Agreements, and Issues of Conflict and Ethical Jury Deliberations P10286 68 Representation P10053 111 Jury Instructions—Special Verdicts & Jury Interrogatories P10580 47 International Money Laundering After the USA Patriot Act P11191 113 Jury Nullification P10634 69 Internet Resources for Wired Lawyers P10749 107 Jury Nullification P10352 68 Interpreters in the Courtroom P10345 8 Jury of Her Peers, A P10124 50 Invading the Sanctity of the Jury Room P10200 68, 164 Jury of Her Peers P11078 48 Invasion of Privacy P11250 60 Jury of the Future—Passive or Interactive?, The P10735 167 Investigatory Issues after the USA Patriot Act P11196 14 Jury Questioning of Trial Witnesses in Connecticut P10594 45 “IOLTA Case”, The P10678 137 Jury Selection and Voir Dire Examination P10021 50 Is it Really Client Perjury? P10491 59 Jury Selection Exercise P11128 48 Is Laughing Anne a Husband Killer? P10256 134 Jury Selection in High Profile Cases P10687 47 Is There Still a Privilege? P11108 59 Jury Selection Post Batson and Leesville Concrete P10049 50 Is Your Mediation Ethical: Ethical Issues for Mediators and Advocates P10527 22 Jury Trial Innovations P10766 46

2005–2006 Program Catalog 183

IIndexndex.i inddndd 183183 99/16/2005/16/2005 3:11:583:11:58 PMPM Index By Titles

TITLE ITEM # PAGE TITLE ITEM # PAGE Jury Trial is Vanishing: Should Anyone Care? , The P11298 2, 46, 69 Legal Jeopardy P10159 150 Jury Voir Dire: It’s for Me to Know and You to Find Out P10543 45 Legal Jeopardy P11118 155 Justice and Freedom in High Publicity Cases P11226 37, 74 Legal Jeopardy P11093 155 Justice for Just Us; Its Only Fair P11247 80, 87, 94 Legal Jeopardy: Test Your Mental Mettle P11186 156 Juvenile Thoughts on Crimes, Competency, Conflicts and Legal Malpractice P10319 42 Compensation P10514 118 Legal Millionaire P11000 155 Keeping Your Client Out of Court: The ADR Follies P11224 24, 37 Legal Surfing: Internet Resources for Attorneys P10652 106 Keeping Your Client’s Business Your Client’s Business P10810 13 Legal Survivor P10896 1153 Kids and Lawyers P11313 7, 122 Legal Survivor P10998 155 Kobe’s Last Play?: A Legal and Social Analysis of Kobe’s Legal Technology P10873 107 Colorado Criminal Case P11252 74, 93, 132 Lessons from Famous Trials: Oscar Wilde’s Case P10923 139 L.A. Law on Trial P10222 26 Lessons from the O.J. Trial P10439 71 L.A. Law on Trial II P10677 30 Let’s Kill All the Lawyers: Why do they hate us and what can we do? P11183 86 Largent v. City of Villa Peak: A Case of Murder? P10404 158 Let’s Make Noise vs. The Sound of Silence P11223 113 Law & Disorder P11282 14 Liar, Liar P11055 10 Law and Disorder P11059 40 Liar, Liar Pants on Fire P10659 9 Law and Literature P10336 98 Liens P10675 115 Law and Literature: What Lawyers Can Learn from Literature P10937 101 Lies, Damned Lies and Statistics P10753 54, 168 Law and Literature: What Lawyers Can Learn from Literature P10418 99 Lies, Delusions, and Treachery P10152 117 Law and Society: Ralph Ellison P11161 86, 170 Life of a Settlement, The P10168 19 Law and the Media P11013 73, 169 Life of the Law is Both Logic and Experience, The P10660 66 Law Boat P10853 32 Limits of Zealous Representation, The P10294 27, 164 Law Bowl P10209 150 Lincoln Almanac Trial, The P10285 134 Law Firm Liability Based on Failure to Inquire P10167 41 Listen, (Doo Wah Doo), Do You Want to Know A Secret?: Law in Times of Crisis: Possible Revisions to the USA When Winning Isn’t Everything, It’s the Only Thing P11156 36, 121 Patriot Act, The P11334 15, 148 Litigation Conundrums P11225 37 Law of War, The P11333 128 Litigation Land Mines P10931 78 Law Office Management and Legal Ethics P10961 154 Litigation Management Techniques P10367 5 Lawbucks: A Full-service Coffee Shop P11076 104 Litigation Resolution by Settlement P10289 22 Law-Mart: The Place to Be P10863 103 Little Company v. Big Company P10667 158 Lawyer Advertising P10504 17 Liturgy or Litigation: The First Amendment Meets the Holiday Lawyer Advertising Issues in Florida P11134 35, 170 Season P10614 143 Lawyer Advertising: The Good, the Bad and the Ugly P10751 160, 168 Long Day at the Office, A P11080 6 Lawyer and the Duty of Zealous Representation, The P10443 111 Look at Lawyers and Cinema: Are They for Reel?, A P11278 10, 174 Lawyer and the Overzealous Client: A Client’s Attempt at Look at Voir Dire, A P10228 50 “Hardball” Litigation, The P10444 28 Look into the Jury Room, A P10238 68 Lawyer as Entrepreneur, The P10746 96 Looking Through the Keyhole: Focus Groups P10328 47 Lawyer Burnout P10808 100 Lord of the Litigation: Trial and Tribulations of Local Counsel, The P11150 35 Lawyer For All Seasons, A P10593 29 Love in the Workplace, A Valentine Story P10251 91 Lawyer-to-Lawyer Relations: How Do We Bring Back the Good Love on Trial P11096 163 in Our Current Day-to-Day Dealings with Each Other? P10166 82 Love Potion Number Nine P10306 27 Lawyering Happily Ever After: Legally Correct Bedtime Stories P11031 101 Lunch at Pierre’s P11267 43, 46 Lawyers and Stress: Dealing with the Problem P10525 99 Lying Client, The P10220 16 Lawyers and the Media P10534 72 Lying Friendly Witness/Lying Client P10274 27 Lawyers and the Media: Using and Being Used P10827 73 Managing Stress in the Legal Profession P10364 99 Lawyer’s Carol 1998, A P10703 99 Marcus Brutus: The Second Trial P10481 136 Lawyer’s Carole, A P11216 43, 90 Martha’s World (Where Corporate Opportunities Meet a Lawyer’s Lawyer’s Changing Image, The P10692 30 Professional Responsibilities): It’s a Good Thing or is it? P11162 112 Lawyers in Love P10777 41, 100 Matters of the Heart…and Mind P11235 37, 98 Lawyers’ Jeopardy: Ethical Questions P10335 151 May I Quote You: Our Relationship with the Media P11117 73 Lawyers’ Professionalism P11026 34 May It Please the Court… P10779 168 Lawyers: Victims or Vultures P10230 27 McGold Group Presents Tax Issues in Bankruptcy, The P10551 115 Learning Styles Applied to Practice P10915 98 Media and the Bar P10126 71 Legal and Ethical Issues Arising in Federal Law Enforcement Media and the Law P10186 71 Investigations P10835 160 Mediation P10733 23 Legal and Ethical Issues at the End of Life—Dying in NY P10982 162 Mediation P10169 22 Legal Duty to Advise Clients of Financial Consequences of and Alternatives to Defending Tort Claims, The P10501 114 Mediation P11271 24, 173 Legal Family Feud P10999 131 Mediation & Arbitration P10503 118 Legal Implications of Munchausen by Proxy Syndrome P10668 56 Mediation: A Different Approach to Conflict Resolution P11030 132 Legal Jeopardy P10544 151 Mediation: An Adult Only Activity P11102 24 Legal Jeopardy P10773 152 Mediation and the Merchant of Venice P10756 23 Legal Jeopardy P10840 152 Mediation: Dispute Resolution For the Millennium P10771 23 Legal Jeopardy P10479 151 Mediation: Dos and Don’ts P10276 22

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TITLE ITEM # PAGE TITLE ITEM # PAGE Mediation Dos and Don’ts P10546 22 Objection To Form: Pitfalls & Pointers P11201 18 Mediation Styles—What Works and What Doesn’t P10696 23 Objections to Evidence at Trial P10205 56 Mediation—The Price is Right P10457 22 Objections/Rules of Evidence P10891 153 Medical Malpractice Experts P10061 62 October, 1776 Debate at Gray’s Inn Regarding the Declaration Menendez Defense: Client Testimony and Other Issues When of Independence, The P10557 136 They “Did It”, The P10292 134, 164 Official Creditors Committees: Formation, Representation, Mental Illness Issues and the Law P10958 161, 169 Operation and Related Issues P10549 114 Mentoring P10826 85 On the 50th Anniversary of Brown v. Board: Cultural Change Through Law and the Arts P11262 94, 141, 147 Mentoring P10837 85 Once Upon a Time…The Lost Art of Storytelling P10559 98 Mentoring: Are Your Promising Young Lawyers Receiving the Necessary Guidance to Become Good Old Lawyers? P11081 149 One Nation Under God: America Examines the Separation of Church and State P11211 94, 146 Mentoring: The Bridge for the Generation Gap P11317 149 Opening Statements P10026 52 Mentorship: A Practical Program For Achieving Lasting Rewards and Relationships P10645 160 Opening Statements P10096 52 Mid Winter’s Nightmare, or Shakespearean Tragedy: Law Firm Opening Statements & Voir Dire P10957 51, 169 Breakup Most Foul, A P10740 84 Opening Statements: Jones v. Clinton P10542 52 Midnight In the Garden of Lumpkin Inn: The Objections Game P10682 137 Opening Statements: The Treason Trial of War General Military Tribunals P11099 128 Robert E. Lee P10538 136 Mini-Trials P10265 22 Oscar Wilde v. The Marquess of Queensberry P10459 136 Miranda v. Arizona P10824 138 Othello as a Vehicle for Discussing Domestic Violence P10871 120 Misrepresentations by Counsel P11060 43 “Other Lawyers” We Hardly Know You: Minorities & Women in the Practice of Law, The P10445 92, 165 Mock Confirmation and Cramdown P10554 115 Our Firm P10744 100 Mock Patent Trial Employing Historically Significant Elements, A P10966 132 Our Flag—Our Pledge P11173 146 Mock Senate Hearing for the USA Patriot Act P11074 144 Out of the Frying Pan, Into the Fire P10581 130 Mock Trial Coaching: Hardships, Success, and Lessons Learned P11091 149, 170 Overbooking and the Myth of the Firm Trial Date P10563 29 Mock Trial Presentation—Custody Dispute P10680 119 “Overly” Stressed Client, The P11304 87, 103, 174 Modesto: The Drop Dead Musical P11261 3, 74 Own a Piece of the Rock P11268 3, 43, 123, 173 Mold: Pitfalls and Opportunities in Emergency Toxic Tort Litigation P11061 162 Oxley-Moron Theatre of the Air P11227 113, 172 Mom Mom and Pop Pop, Why Don’t I See You Anymore? P11205 121 Partner: Choice Is Made, The P11050 101 Monday Night at the Movies: Handling Witnesses at Trial P10858 54 Part-Time Lawyer, Full-Time Dilemma P10991 101 Mother Goose Does Impeachment P10077 53 Past, Present and Future of Our Inn, The P10556 160 Motion for Pendente Lite Support P10615 118 Patent Prosecution Following Markman and Hilton Davis P10589 132 Motions Affecting Property Rights P10727 125 Patriot Zone: Responding to Terrorism after September 11 with Mount Everest on Trial P10671 159 the USA Patriot Act, The P11075 145 Mr. Fixit, Esquire P11116 73 Peer Review Program, The P10697 84 Mr. Smith Goes Home: Lawyers’ Private Conduct, Are We to be People v. Big Bad Wolf P11090 7, 48 Judged by a Higher Standard? P10990 101 People v. Clarence Darrow (Part I) P10299 135 Mr. Smith Goes To Dreamland: A Constitutional Nightmare P11171 146 People v. Clarence Darrow (Part II) P10300 135 Mrs. Soffel’s Divorce P11034 121 People v. Clarence Darrow (Part III) P10301 135 Multidisciplinary Practice P10911 103 People v. Clarence Darrow (Part IV) P10302 135 Multidisciplinary Practice Program P10852 103 People v. Julius and Ethel Rosenberg, The P10458 136 Multidisciplinary Practices: Pros and Cons P10985 104 Perjurious Criminal Client: Attorney-Client Privilege and Effective Multi-Jurisdictional Practice P11177 86 Assistance of Counsel, The P10009 26 Multiple Proceedings—Part II P10719 130 Perjury/Impeachment/Ethics P10661 137 Murder Trial of People v. “Peachy” Quinn Harrison P10212 134 Persona Non Grata, or Am I My Sibling’s Keeper? P10084 82 My Fair Mentor P11089 149 Personal Injury: A Day in the Life P10135 58 Mythical Things You Thought You Could Do At Trial, But You Can’t P10767 168 Perspectives on Professionalism: A Candid Dialogue on the Nancy’s Dilemma P11139 35 State of Our Profession P10560 28 Negotiation P10954 21 Pet Peeves the Bench and Bar Have About Each Other P10562 77 Negotiation with the Help of a Judge P10067 19 Peter & The Wolf: Taming the Wolf and Taking Control P11143 89 Negotiation: Civility & Ethics P10275 20 Phantom of the Internet, The P11234 60, 109 Negotiation: The Art & Science of Aiding or Eliminating Litigation Piracy, Privacy, Advocacy: The Search for Long Gone Silver P11324 15, 60 as the Only Alternative P10070 19 Playing the Hand You’re Dealt P10269 52 New Adventures of Tom Sawyer “Life on the Mississippi”, The P10922 40 Plea Bargaining P10237 20 New Federal Rules of Evidence P10140 55 Plea Bargaining: Ethical and Moral Dilemmas in the American New Rules Governing Matrimonial Practice in New York P10233 117 Criminal Justice System P10710 20 Night at the Oscars, A P10776 85 Pledge of Allegiance, The P11289 148 No Evidence Summary Judgments P10666 61 Pols in Black Dresses—Doing the Political Polka P10968 161 No Probation? Now What? P10536 130 Post Trial Blues: An Examination of the Frustrations of the Noisy Lawyers + Silent Clients: Sarbanes-Oxley & Administrative Process P10821 125 the Ethical Role of the Attorney P11283 2, 113, 132 Post-Confirmation Issues P10725 116 Nuts and Bolts of Our Inn, The P10644 160 Post-Dissolution Visitation P10396 118 O Lawyer, Where Art Thou? P11141 146 Post-Graduate Family Law Litigation Course P10624 119 Objection! P10399 151 Post-Trial Motions: Federal and State P10063 176

2005–2006 Program Catalog 185

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TITLE ITEM # PAGE TITLE ITEM # PAGE Practical Effect of Chapter 8 of the Federal Sentencing Recusal of the Judge P10947 78 Guidelines Applicable to Organizations P10139 70 Recusal or Disqualification P10123 75 Practical Illustrations of the Significance of Change From the Reinforcing The Republic or Denying Democracy?: A Haunting Model Code to the Model Rules P10561 29 Tale of the Electoral College P11300 141, 148 Practicing Law in Indian Country: A Trip to Native America P10854 161 Relevance, Prejudice, Similar Acts, Remedial Measures & Preparation, Direct and Cross-Examination of a Difficult Witness P10120 53 Routine Practices P10078 55 Preparation of a Witness P10019 8 Religious Expression in Public Schools P11241 147 Preparation of the Lay Witness P10762 9 Reluctant Accomplice: When Partners Pressure Associates to Preparation of Witnesses P10014 8 Break the Rules of Ethics, The P10564 29 Preparing for and Taking Depositions: The Right and the Reminder of Professional Ethics, A P10377 76 Wrong Way P10074 16 Representation of Indigents P10477 99 Preparing the Expert Witness for Trial P10650 63 Representing a Client Before a Federal Grand Jury P10004 128 Preserving the Appellate Record P10956 177 Representing Corporations and Officers in the Pre-Trial Publicity P10630 72 post-Sarbanes-Oxley World P11189 112 Pretrial Publicity P10565 72 Responsibilities of Lawyers in a Community in Crisis, The P10528 99 Pretrial Publicity in Criminal Cases P11176 73, 171 Retaining a Client Who Seeks to Retain Your Firm P10782 6 Pretrial Valentine’s Carol, A P11302 52, 54 Review of Gender Discrimination Under the Fifth and Fourteenth Ammendments P11172 93 Preventive Law: Differential Case Management, Mediation & Other Alternative Dispute Resolution Tools P10303 22 Right and Wrong Way to Depose a Witness, The P10395 8, 16 Privacy.com P11022 108 Rosenberg Trial, The P10654 137 Private Lives: HIPPA and You—The Health Insurance Portability Rule 1.06 Difficulties P10905 33 and Accountability Act P11215 60, 122 Rule 26 and Civility P10210 11 Privatization of Government Agencies—What Is the Federal Rule 26(A)(1) in Action P10935 33 Interest? P10414 124 Rule 803—Documents P10112 55 Privileges P10079 55 Rules Are Made to be Broken P10887 32 Pro Bono Legal Services P10158 98 Rules Bowl P10236 150 Pro Bono: To Give or Not To Give, the 1.7 Billion Dollar Question P11154 97 Russians Are Coming…, The P11270 126 Pro Se Litigant, The P10607 39, 166 “SOB” Litigator, The P10266 82 Pro Se or Pro Slay: Tribulations of Litigating Against Unprepared Sacco & Vanzetti Trial: You Were There P11103 140 Parties P10575 39 Salem Witch Trials, The P10829 138 Problems in Professional Responsibility P10632 30 Salem Witch Trials: A Historical Perspective, The P10455 135 Procedure and Role of Counsel During an NLRB Investigation P10229 123 Sara Smith v. Private University P10511 5 Professional Courtesies P10362 83 Saum Case: Jurisdiction in Federal Court for Female Cadet Professional Ethics: Rule 11 Sanctions P10087 44 Claiming Sexual Harassment During POW Training, The P10488 127 Professional Jeopardy II P10327 150 Science, Junk Science & Expert Witnesses P11111 64 Professional Opportunities and Opportunities to be Professional P10798 85 Scopes Monkey Trial and the California Evidence Code, The P11054 9 Professional Politeness and Ethics P10048 82 Search For Truth: A Greek Tragedy, The P11006 162 Professional Responsibilities P10788 31 Search Warrants in White Collar Cases P10535 111 Profiles in Courage P11086 163 Second Amendment: Inalienable Right or Anachronism? P11121 145 Promoting Civility P11070 85 Secrecy In Litigation: How Far Can You Go to Keep Things Quiet? P10578 12 Protean Concept of Investigatory Impropriety, The P10044 11 Secret in the Box: Discovery Ethics and Professionalism, The P11193 13, 171 Protecting Your Assets: Can a Lawyer Advise a Client to Protect Secrets on Experts: If You Tell ‘Em Later, We’ll Have to Kill Ya P10585 63 His Assets? P10533 28 Securities Arbitration P11294 25, 174 Protective Orders—The Outer Limits of Judicial Authority P10842 77, 168 Seeing is Believing: The Use and Misuse of Computer Generated Prudence v. Docker: Abbreviated Moot Court Trial with Jury Exhibits P10972 108, 169 Deliberations P10524 89 Selected Problems in Professionalism P10199 26 Psychology of Decision Making, The P10785 160 Separate But Equal: The Beginning of the End P10741 138, 167 Public Criticism of Unpopular Judicial Rulings by Advocates and Separation of Church and State, The P11280 3, 148 Elected Officials: Threat to Judicial Independence or First Amendment Right? P10529 72 Settlement Conference Procedure P10223 20 Public Service: A Melodrama P10845 32 Settlement Conferences—Appellate P10086 19 Punitive Damages in Class Action Lawsuits: How Much Is Too Settlement Negotiations and the Judge’s Role P10028 19 Much? P10987 6 Settlement Zone, The P11217 21, 172 Pushing the Envelope: Preparing a Witness For Testimony P10586 9 Sex, Discovery, and Uncle Sam P10247 91 Queen Gets No Respect: Attorney-Client Privilege from Queen Sex, Lies & Corporate Ties P10673 92 Elizabeth to Martha Stewart, The P11240 60, 113, 141 Sex, Violence and the First Amendment P10844 143 Queer Eye for the Guilty Guy: From Witness Geek to Witness Sexual Discrimination P10277 91 Chic, the Fine Art of Witness Preparation P11230 10 Sexual Harassment P10243 91 Question of Adoption, A P10490 114 Sexual Harassment: Friend or Foe or a Case of First Impressions P10992 93 Quick Thinking—5 Seconds For Your First and Final Answer P10949 154 Sexual Harassment in the Legal Community P10085 91 Quiz Show P10298 134 Sexual Harassment in the Workplace P10832 92 Race at the Finish P10509 92 Shakespeare and The Law P11114 102 Read the Preamble P11092 35, 145 Shakespeare v. DeVere P10257 134 Recent Decisions of the United States Supreme Court P10425 124 Shakespeare, the Law and Morality P10757 31 Recognizing and Responding to Sexual Harassment in a Law Firm P10387 91 She Says Yes, The Law Says No P10371 129

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TITLE ITEM # PAGE TITLE ITEM # PAGE Ship Murder Case—1936, The P10973 139 To Seal or Not to Seal P10157 11 Should Violent Political Threats be Constitutionally Protected? P11101 145 Top Ten Disorders That Disturb Your Practice P11167 102 Showtime! The First Five Minutes of Appellate Argument P10456 176 Torts: Back to Basics P11124 116 Simulation of Trial Testimony of Plaintiff in a Personal Injury Suit P10111 53 Total Recall P11312 81 Sinking of the Titanic—A Battle of the “Experts”, The P10859 64 Total Recall: California Under the Big Top P11251 74, 126 Sir Thomas Moore, John Dean and You P10867 139 Trading Places: A Glimpse into the Practice of Law Across the Pond P11290 81, 127 Six Score and Eighteen Years Ago—Litigation in Abraham Travails of Henry VIII, The P10901 120 Lincoln’s Time and Today P10417 135 Trial Examination of an Expert Witness P10281 62 Sixteen Years of Batson: Are We There Yet? P11136 51 Trial Notebook P10476 160 Sketches of the History of the Bench and Bar of Alabama P10430 135, 165 Trial Notebook and Its Use at Trial, The P10959 161 Slippery Dynasty, A P10312 12 Trial of Adolf Eichmann: Rule of Law v. Moral Justice, The P10579 136 Smudge, Fudge, Judge: Administrative Lawyers and Judges, The P10698 124 Trial of Automobile Accident Case P10839 125 Snippets of Jury Voir Dire: State v. Wally Mind P10494 47 Trial of Clarence Darrow, The P10246 134 So You Want to Be a Millionaire Lawyer P11339 38, 157, 175 Trial of Dr. Samuel A. Mudd, The P10787 138 Some (Lawyers) Like It Hot P11168 86 Trial of Dr. Samual A. Mudd: Reversing an Injustice or Rewriting Somewhere Over A Mediation P11297 25 History, The P10828 138 South Bay Survivor P11133 156 Trial of Galileo, The P10155 134 Special Problems & Trends in Written Discovery and Applicable Trial of Lizzie Borden: A Masterpiece of Cross-Examination, The P10711 53 Rules P10267 12 Trial of Macbeth, King of Scotland, The P10622 137 Speedy Trial for Swift Frontier Justice P10390 135 Trial of Roscoe “Fatty” Arbuckle, The P10146 134 Stay Lift Motion by the Secured Creditor P10550 115 Trial of Sir Thomas Moore, The P10831 138 Stop the Violence! P10618 119 Trial of Susan B. Anthony—Fighting for the Right to Vote, The P11007 140 Story of Bill Blade’s Wipers, The P10162 11 Trial of the President, The P10781 138 Storytelling and the Art of Advocacy P11047 66 Trial-Perspectives, The P10278 83 Stress and Anger Management in the Courtroom P10761 100 Trial Practice/Back to Basics: Direct Examination and Closing Stress Management—Are You At Risk? P10816 100 Argument P11137 54, 67, 109 Stressful Day, The P10295 83 Trial Publicity and Manipulation of the Media P10755 73 Stressful Day: Part II, The P11314 90, 103 Trial Publicity and Voir Dire of Contaminated Panel P10629 72 Suffrage Movement: Past, Present and Future, The P11320 95, 175 Trials & Tribunals: Oracles of Justice in a Time of War P11110 128 Summary Judgments P10058 19 Trials & Tribunals: The Oracles of Justice in Time of War P11083 127 Summary Jury Trial, The P10653 61, 167 Trials of Claus von Bulow, The P10688 137, 167 Supreme Survivor, The P11008 155 Trials of Donald Diamond, The P10279 27 Surviving Incivility P10913 154 Trials of Edward Johnson & Joseph F. Shipp, The P11064 35 Survivor: The Compleat Lawyer P10942 33, 154 Trials of Jobette Smith, The P10410 71 Sympathy for the Adjuster: When Non-Lawyers Call the Shots P11310 3, 25, 110, 123 Trials of Whitewater, The P10512 136 Systems of Civil Law Around the World P11077 126 Tripped Up—Electronic Surveillance in the Workplace P10874 107 Talking Heads: There But for the Nancy Grace… P11245 74, 87, 173 Trouble with Lawyers, The P10577 29, 166 Talking to the Press P10015 71 True Lies: Lawyers’ War Stories P10754 31 Technology in OMVI Cases P10555 89 Trumpet Jeopardy P11260 156 Technology in the Courtroom P10613 106 Truthful Lies: Ethical Dilemmas in Lawyering P10938 93 Temptations: Fables For Hard Times P10700 125 US v. Shipp P11165 140 Ten Most Frequently Asked Ethics Questions, The P10489 17 USA Patriot Act P11051 144 Themes P10197 52 Uncharged Misconduct Evidence: The Basics P11166 43 Thin Line: Civil and Criminal Enforcement Issues, The P11087 131 Uncivil Zone, The P11088 85 Think Before You Peek: Electronic Surveillance in the Workplace P10904 107 Understanding and Analyzing Income Tax Returns P10851 116 This Little Light of Mine, I’m Going to Let it Shine P10774 143 Understanding and Working with Juries P10424 45 Thou Shalt Not Endorse Religion P11095 145 Understanding Recent Developments in Federal Sentencing Threads of Evidence: DNA Test as Admissible Evidence P10587 56, 166 Guidelines P11194 70 Three Days Early: The Role of Lawyers in the Early Swearing-In Unified Family Court Showcase P11192 80, 121 of Lamar Alexander P11284 44, 141, 174 United States (Parrot) Patriot Act P11248 14, 57, 110 Three Generations of Imbeciles Are Enough: The Case of United States v. Macrosoft P11079 159 Buck v. Bell P10833 138 United We Stand! Patriotic and Impartial? P11068 73 Three Lawyers and a Drunk P10480 130 University of Maryland v. Murray P10986 140 Three Vignettes on Ethical Issues P10370 41 Unlovable Jurist, The P10142 75 Through the Crystal Ball: Juries of the Future P10454 69 Unprepared Lawyer, the Inexperienced Lawyer, and the Judge, The P10705 77 Tin Drum and the First Amendment, The P10641 143 Use and Abuse of Alcohol by Lawyers and Judges, The P10313 89 Tired, Wired & Fired: A Law Firm’s Obligation When An Attorney Use and Abuse of Demonstrative Evidence, The P10207 58 Is Impaired P11210 90, 102, 172 Use of Demonstrative Evidence P10062 58 Titanic Arbitration, A P10902 23, 139 Use of Investigators in Civil, Criminal and Non-Litigation Contexts P10486 12 To Be Continued: Death, Lies & Unavailability P10994 78 Use of Jury Consultants to Develop Trial Themes, The P10283 47 To Coach or Not to Coach P10271 8 Use of Psychiatric Experts P10952 64 To Err is Human... P11181 36, 102 Various Evidentiary Issues P10102 55 To Give or Not to Give: A Question of An Anatomical Gift P10498 118 Vermont Sopranos P11113 35 To Recuse or Abuse: A Risk Assessment P10743 40

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TITLE ITEM # PAGE TITLE ITEM # PAGE Videotaped Depositions: Case of the Dying Witness and the Who Runs This Place: The Case of Boris, Pierre, Grace and Lying Witness P11249 18, 110, 173 George P10683 92 View from Perspectives on the Legal Profession, A P11148 86, 102 Who Wants To Be A Lawyer? P10925 154 View of the Court from the Client’s Perspective, The P11082 163 Who Wants To Be A Litigator? P10955 130 Vignettes from The Moral Compass of the American Lawyer P10876 32 Who Wants To Be A Matrimonial Attorney Millionaire? P11023 120 Virtual Bus Tours: Alternatives to Proof at Trial on Patent Office Who Wants to Be a Millionaire Lawyer? P10870 153 Practices and Procedures P11032 46 Who Wants To Be A Millionaire? P10993 155 Virtual Ethics: Conflicts of Interest in the Year 2000 and Beyond P10526 39 Who Wants To Be a Millionaire? P11044 155 Voir Dire P10113 50 Who Wants To Be a Millionaire? P11038 121 Voir Dire P10051 50 Who Wants To Be A Millionaire—Special Legal Celebrity Edition Voir Dire and Jury Trial Innovations—Case of the Dog Killed by Focusing on the Recent Changes in the Federal Rules of Off-Duty Officer P10812 51 Civil Procedure & Evidence P11005 155 Voir Dire and Opening Statements P10194 52 Who Wants to be an Ethical Millionaire? P10940 154 Voir Dire as Tort Reform P11301 49, 51 Who Wants to be an Ethical Millionaire? P10884 153 Voir Dire Examination P10020 50 Who Wants to Be an Evidentiary Millionaire? P10878 153 Voir Dire Follies P10881 51 Who Wants To Be an Expert Witness P10921 154 Voir Dire: Limitations on Peremptory Challenges P10083 50 Who Wants To Win a Quarter? P10900 153 Voyeurlawyer.Com—The Admissibility of Evidence Via the Internet P10850 107 Who Was Abe Lincoln and What Did He Know? P10250 123 Walls of Jericho, or Several Ways to Achieve Disqualification Who was that Justice? P10892 153 From Your Job, The P10676 39 Whose Line Is It Anyway—In the Courtroom? P11001 155 War Crimes Trials: The Trial of Slobodan Milosevic P10786 138 Why Lawyers Lie P10970 42 War on Terrorism or War on Civil Liberties? P11322 95, 142 Wicked Witch Strikes Back, The P11187 80 Watergate Trial, The P10686 137 Will, Partner and Settlement—Three Skits on Ethics, The P10531 5 We’re Not In Kansas Anymore P11010 34 William J. Rochelle, Jr. Chapter 11 Course P11138 159 Welcome to Cook Islands: Post Trial Collection P10545 45 Winning at Any Cost P11063 35 What Gets Published P10069 71 With Apologies to David Letterman…Top 10 Ethical Blunders P10997 131 What is a Professional? P10393 28 Withdrawal Symptoms P10789 32 What is Fair Criticism of Judges? P10344 76 Withdrawing as Attorney: Ethically Jumping Ship P10792 32 What Is It? Unethical, Unprofessional, or Something Else? P11266 43, 80, 173 Witness Preparation P10684 9 What Should Happen to Baby Jane? P10254 117 Witness Preparation and Y2K—How to Avoid a Meltdown P10797 9 What to Do About the Lying Client P11153 35 Won’t You Be My (FREE) Lawyer? P11085 101 What’s It Like to Be an Associate? P10244 98 Wreck of the SS Philadelphia: Leaks and Other Releases, The P10573 72, 165 What’s My Line? P11331 117 Wynne v. Popular Pickle Co. P11039 59 What’s Your Objection? P10617 151 You Ain’t From Around Here, Are You? P10750 152 When a Lawyer and Her Client are Both Indicted P10964 130 You Are What You Speak: Whether to Promote or Pillory Political When Hatred Isn’t Kosher: Is Speaking Your Mind Going Too Far? P10819 40 Correctness in Legal Discourse P11311 3, 38, 87, 175 When the Partnership Splits Up P10071 82 You Be the Judge! P11277 57, 132 When Worlds Collide: DIVORCE & Bankruptcy P10988 116 You Be the Judge Evidence Program P11327 41, 61, 116 Where’s the Patriot Act: Part I & II P11237 41, 147 “You Be the Judge” Quiz Show, A P10814 152 White-Collar Crime P10081 26 You Have the Right…or Do You? P11120 145 Whither Goes the Judge? P10163 75 You Make the Call P10806 32 Who is the Client? Ethical Questions When Someone Else Pays You’ve Got Mail: Ethics and the Internet P11151 109 Your Bill P10273 27 Young Lawyer and Real Practice: Expectations of the New and Who Needs a Lawyer Anyway? Pro Per Litigants in the Judicial Old, The P10930 101 System P10820 32

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