Section Annual Conference, April 24 - 26, 2013 at the JW Marriott Chicago. The Section Annual Conference will bring together top inside and outside lawyers from across the country as well as judges and academics for a three day focus on the latest in trial advocacy. This year’s conference is expected to attract 800 to 1,000 litigators and will feature over 70 CLE programs in tracks across multiple practice areas. The SAC will also feature two full days of unparalleled networking opportunities—including a new reception honoring the judiciary. Best of all, if you register before February 28, the registration fee is only $500 (or $350 if you have never attended). We have an amazing line-up of nationally known speakers including David Axelrod, Former Senior Advisor to the President, Rahm Emanuel, Mayor of Chicago, and John Cullerton, Illinois Senate President, who are featured in the plenary A Look Ahead. Honorable Ann Claire Williams will moderate the Litigators Making a Difference plenary with Neal K. Katyal, Former Acting Solicitor General. Don’t miss hearing from an energetic group of general counsel at our kick off plenary session, General Counsel Forum. Take advantage of the 10 networking events designed with you in mind, including the popular Practice Area & Networking Discussion Luncheons and Committee Dinners and Dine Arounds. Learn more about our committees at the Committee Expo. Details are here. Take advantage of early bird discounts now—early bird registration ends February 28, 2013.

ABA Section of Litigation Appointments 2013 - 2014 All Section members are eligible for a leadership appointment. The online process is open, and the deadline for the submission of all applications is March 15, 2013. Please review the instructions and the application form for a leadership position. This form can also be used to nominate another Section member for a leadership position. To identify one or more positions that may be of interest to you or your nominee, you can review the Section's organizational chart. If you have problems completing the on-line application, please contact Kieshia Cobb at Kieshia.Cobb@americanbar.org.

Watch the full recording of The 50th Anniversary of Gideon v. Wainwright program presented by the American Bar Association Section of Litigation on January 18, 2013 in Marco Island, FL.  This decision recognized a constitutional right to the appointment of counsel for indigent criminal defendants charged with felonies. Mr. Gideon was in prison when he submitted his handwritten petition to the U.S. Supreme Court requesting counsel.

This e-newsletter is full of excellent content.  Committee podcasts and roundtables are in full swing.  Take advantage of these free member benefits.

Our focus this month is Juries: Voir Dire and Persuasion. The Section has many resources to assist litigators practicing in this area. Here’s a sampling.  

Selected Resources:

Periodicals:

Views from the Bench

• How About a Free Shadow Jury?
  By Hon. Mark Drummond.  The hidden benefits of written questions from jurors during the evidentiary phase.

• Riding Jury Instructions to Victory
  By Hon. John Kane.  With strategically timed and sufficient instructions coupled with commonsense innovations, a jury can justly decide any case.

• Voir Dire: Don't Let the Judge Cut You Out
  By Hon. Mark Drummond.  Persistence may get you the chance to voir dire that you want.

• A Peer May Be Your Client's Worst Juror
  By Hon. Mark Drummond.  The old saws about the “right” jurors may lead down the wrong path.

• Acting Technique for the Courtroom
  By Hon. Mark Drummond. Shakespeare's perhaps contradictory advice on jury persuasion.
  

Advocacy

• Building Your Case for the Jury 
  By Kevin P. Durkin and Colin H. Dunn.  Trial skills advice on interactions with juries.

• Juries, Litigation Journal (Winter 2004)

States

• Georgia Judges Must Cure Harm of Improper Arguments
  By Oran F. Whiting. Objecting party need not request remediation; courts' curative responsibility is mandatory.

• Michigan Adopts New Jury-Reform Rules
  By Lindsay M. Sestile. Jurors can ask questions during trial, discuss the case before deliberations, and take evidence into the jury room.

• Ninth Circuit Sets Limits on Breaking Jury Deadlock 
  By Karen L. Stevenson. Court usurped jury’s role by allowing supplemental arguments on deadlock issues.

Books:

• Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing 
  By Trey Cox.  Using the right message, presenting it in the right way, and doing so in the right amount of time to attract jurors’ attention.

• Anatomy of a Trial: A Handbook for Young Lawyers
  by Paul Mark Sandler.  Litigation theory is often compromised by the realities of an actual trial. This valuable book is written to give young trial lawyers an appreciation of the real problems encountered during jury trials, and how to effectively handle them.

Sound Advice:

• Jury Persuasion in a Diverse and Fast-Paced World
  By Raymond B. Kim.  Raymond B. Kim guides the listener through the art of jury persuasion in our diverse and fast-paced world.

• Secrets of Opening Statements
  By Paul Mark Sandler

Committees:

• Trial Practice

To review the Section Focus from prior months, please visit the Section Monthly Newsletter.

2013

Insurance Coverage CLE Seminar
February 28-March 2, 2013
Loews Ventana Canyon
Tucson, AZ

Section Annual Conference
April 24-26, 2013
JW Marriott Chicago
Chicago, IL
Take Advantage of Early Bird Registration!

Every month, the Section posts three podcast channels devoted to essential subjects for every litigator. On the first Monday of the month, we post a podcast on ethics; the second Monday on evidence; and the third Monday on e-discovery/procedure. These podcasts are supplemented by substantive and procedural topics prepared by the Section’s committees. Please be sure to visit the library of Sound Advice podcasts.

ETHICS: Litigation Funding Loans
By Mike Downey, Armstrong Teasdale LLP, St. Louis, MO
Ethics professor and longtime litigator Mike Downey outlines four issues that attorneys should address when clients are considering litigation loans. (6:48 min)

PROCEDURE/E-DISCOVERY: Inadvertent Production of Documents
By John Barkett, Shook, Hardy & Bacon, Miami, FL
Unfortunately for clients, accidental production of documents does occur. John Barkett discusses what should happen when privileged or protected documents mistakenly get shared with opposing counsel. (6:32 min)

EVIDENCE: Authentication of Evidence
By Professor Stephan Landsman, DePaul University College of Law, Chicago, IL
Veteran ethics professor Stephan Landsman discusses authentication and the seven-step process to establish it for evidentiary purposes. (12:40 min)

COMMITTEE: Practical Tips to Protect Clients’ Privileges 
Elizabeth Timkovich
Winston & Strawn
Charlotte, NC
Commercial and Business Litigation
All attorneys want to do their best for their clients, but sometimes mistakes happen. Listen as Elizabeth Timkovich shares advice on how to protect both the attorney-client and attorney-work product privileges. (15:56 min)

COMMITTEE: Launching and Building a Children’s Legal Services Practice
Lourdes M. Rosado and Bob Schwartz
Juvenile Law Center
Philadelphia, PA
Children’s Rights Litigation 
In the first installment of the series, Lourdes Rosado and Bob Schwartz tackle the topic of staffing and putting together a multidisciplinary team. Listen each month for more advice on starting or expanding legal services for children. (13:24 min)

COMMITTEE: Basic Requirements for Class Certification—Commonality
David Prahl
Orrick, Herrington & Sutcliffe LLP
Sacramento, CA
Class Actions & Derivative Suits
Although Dukes v. Walmart gave more teeth to the commonality requirement and made it more difficult to achieve class certification under Rule23, certifications continue. Hear David Prahl as he discusses changes to requirements for commonality and what this means for you. (10:13 min)

Check the Sound Advice Library and the Committee pages regularly for new postings.