Continuing Legal Education

Trial Practice Series: The Trial of a Retaliation Case (CHICAGO)

September 12, 2013
8:55 a.m. – 4:15 p.m.
6.00 MCLE hours, including 6.00 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Presented by Labor and Employment Law

Chicago
ISBA Chicago Regional Office
20 S. Clark St., Suite 900
(map and directions)


Learn what is required to prepare and try a retaliation case!

Retaliation claims are on the rise in many areas of the law. What are the common ways to prove or defend a retaliation claim and what are the common evidentiary issues? Join us as experienced plaintiff and defense trial attorneys demonstrate the evidence issues, techniques, and strategies that commonly arise in the trial of an employment-related retaliation case. Attorneys and expert witnesses with intermediate to advanced practice experience who are interested in litigating retaliation claims won’t want to miss this full-day seminar. Topics include:

  • Understanding the purpose and needs for the opening statement in a retaliation case;
  • Keys to successful direct and cross examinations, including how to present the plaintiff or the employer, as well as strategies to refute (attack) testimony;
  • Keys to getting evidence admitted, and objecting to your opponent’s proffers; and
  • Formulating and presenting closing arguments and common lines of argument in the closing statement.

Program Coordinators/Moderators:
Aaron B. Maduff
, Maduff & Maduff, LLC, Chicago
Cathy A. Pilkington, Law Offices of Cathy A. Pilkington, Chicago

 

Agenda

8:55 – 9:00 a.m.  Welcome and Introductions

9:00 – 10:00 a.m.  Opening Statements*
Don’t miss this demonstration in which a plaintiff and defense attorney each present different opening statement techniques, followed by an interactive discussion on the principles of opening statements, the techniques/strategies employed by each attorney through the opening statement, and a look at what should be accomplished during the opening statement in a retaliation case.
Discussion Facilitator: Cathy A. Pilkington, Law Offices of Cathy A. Pilkington, Chicago
Plaintiff’s Counsel: John T. Moran, Jr., Moran Law Group, Chicago
Defense’s Counsel: John J. Michels, Jr., Lewis, Brisbois, Bisgaard & Smith, LLP, Chicago

10:00 – 10:45 a.m.  Direct Examination of Plaintiff’s Witnesses*
The plaintiff’s direct examination is the first evidence jurors will hear in a case, making it important for the plaintiff to get the case across as clearly and succinctly as possible without damaging credibility. Join us for this interactive presentation in which the audience recognizes objectionable material as the plaintiff and his chief witness testify to the events and offer evidentiary foundations in an effort to get testimony and documents into evidence.
Discussion Facilitator: Cathy A. Pilkington, Law Offices of Cathy A. Pilkington, Chicago
Plaintiff’s Counsel: Jose J. Behar, Hughes, Socol, Piers, Resnick, and Dym, Ltd., Chicago
Defense’s Counsel: Christopher G. Ward, Foley & Lardner, LLP, Chicago

10:45 – 11:00 a.m.  Break (beverages provided)

11:00 a.m. – 12:15 p.m.  Cross-Examination of Plaintiff’s Witnesses*
Defense cross-examination is done with an eye toward discrediting the plaintiff’s story and the goal of casting doubt on the plaintiff’s case, if not disproving it entirely. Don’t miss this opportunity to participate in recognizing objections during cross-examination. The segment closes with a panel discussion on the principles, trial techniques, and strategy decisions in direct and cross-examination of plaintiff and plaintiff’s witness.
Discussion Facilitator: Cathy A. Pilkington, Law Offices of Cathy A. Pilkington, Chicago
Plaintiff’s Counsel: Jose J. Behar, Hughes, Socol, Piers, Resnick, and Dym, Ltd., Chicago
Defense’s Counsel: Christopher G. Ward, Foley & Lardner, LLP, Chicago

12:15 – 1:00 p.m. Lunch (provided)

1:00 – 2:30 p.m.  Direct and Cross Examination of Defense Witnesses*
With the plaintiff’s case-in-chief concluded, the defense either has the jury wondering what really happened or has to re-establish itself with its own presentation of the evidence. Just as the plaintiff fought to lay foundations and get his evidence admitted, the defense now has that burden. This session offers you the chance to watch as both defense and plaintiff examine/cross-examine the defendant and the defendant’s chief witness, the opportunity to participate in recognizing evidentiary objections, and a look at the principles, trial techniques, and strategy decisions in direct and cross examination of employer and witnesses.
Discussion Facilitator: Aaron B. Maduff, Maduff & Maduff, LLC, Chicago
Plaintiff’s Counsel: George Galland, Jr., Miner, Barnhill & Galland, P.C., Chicago
Defense’s Counsel: Richard L. Samson, Ogletree Deakins, Chicago

2:30 – 2:45 p.m.  Break (refreshments provided)

2:45 – 4:15 p.m.  Closing Arguments*
The jury has heard all of the evidence and even though they’ve been instructed to keep an open mind until the end of the trial, has probably already begun to form more rigid opinions about the case. Closing arguments give each side one final opportunity to present their arguments, to give fodder to those jurors leaning in their favor and, perhaps, argue the law in such a way as to make opposing jurors rethink both the law and their stance. You, the audience, decides who proved their case and why, and closes with a panel discussion in which closing argument techniques and strategy are examined.
Discussion Facilitator: Aaron B. Maduff, Maduff & Maduff, LLC, Chicago
Plaintiff’s Counsel: Joshua Karsh, Hughes, Socol, Piers, Resnick, and Dym, Ltd., Chicago
Defense’s Counsel: Robert T. Zielinski, Miller Canfield, P.L.C., Chicago


*Professional Responsibility MCLE credit subject to approval