Trial Practice Track

Behind Closed Doors

We are all curious. What happens behind closed doors? "What is the mediator telling them?" "What does the jury think of my evidence?" This three day session will put you in the room and answer those questions and more. Follow the life of a compelling lawsuit from key depositions to mediation, and then through trial and jury deliberations. You will get a unique perspective into the "other room." Attendees will have the opportunity to stop the process and ask the faculty questions about their approach and strategy. A nationally recognized trial consultant will present a session on the psychology of persuasion, and the ever popular case law and rules update will close the session.

Co-Sponsor: State Bar of Arizona Trial Practice Section.
This program track may qualify for up to 12.0 hours MCLE, all of which may be Criminal Law or Injury and Wrongful Death Specialization (up to 4.0 hours MCLE daily).

TRACK CHAIRS: Dev Sethi, Kinerk Schmidt & Sethi, Ted Schmidt, Kinerk Schmidt & Sethi


8:15 am -
12:30 pm

What's Happening in There?
Depositions and Settlement Conference

Depositions of parties and key witnesses allow advocates to plant fence posts with which their arguments' inferences are made. Strategy and approach is key. It is where trial themes are tested and developed. Keeping cool under pressure, especially when the unexpected comes up, is essential. Sit back and participate in real time depositions…without the pressure…and work through common and cutting edge issues.

After that, get an insider's look into mediation. And we mean insiders…you will be a fly on the wall in each room as the parties work toward a resolution. Will the settlement conference get it done? We won't know until the end, but [spoiler alert] there is a trial the next day…This experience will give you more than the basics. It will help you refine your own tools and techniques as you approach mediation – the most common way disputes are resolved. The session will wrap up with a panel discussion and debriefing.

FACULTY: Judge Mark Aceto, Aceto Mediation (former Maricopa Cty. Superior Court Judge); Kevin Boyle, Panish Shea & Boyle; Dorothy Paine, Gannon and Associates; Ted Schmidt, Kinerk Schmidt & Sethi; Wendi Sorensen, Burch & Cracchiolo; Jaine Fraser, Ph.D., Trial Psychology Institute


8:15 am -
12:30 pm

Building Trial Skills

Day two brings more than just watching skilled advocates try their case. With the help of a trial consultant, move through voir dire – thinking through how to rate and deselect potential jurors. Then interact with our trial lawyers and judge as they try their case. Evidentiary issues, legal issues, and human issues all come together in the crucible of the courtroom. How you navigate them is key to winning. Watch our faculty put their case on and deal with the inevitable surprises and obstacles in the courtroom.

FACULTY: Judge Mark Aceto, Aceto Mediation; Kevin Boyle, Panish Shea & Boyle; Dorothy Paine, Gannon and Associates; Ted Schmidt, Kinerk Schmidt & Sethi; Wendi Sorensen, Burch & Cracchiolo


8:15 am -
12:30 pm

The Psychology of Persuasion and Important Updates

Richard Waites, Ph.D., lawyer and trial psychologist with The Advocates, will start the morning with a talk on the Psychology of Persuasion. Much work is being done on how jurors think and process their responsibility. Much of the analysis has moved into the area of neuroscience. Dr. Waites will give an overview and update.

FACULTY: Jaine Fraser, Ph.D., Trial Psychology Institute

Case Law and Rules Update

Did you know that the biggest changes to the Arizona Civil Rules of Procedure since the adoption of the Zlaket Rules in 1991, are currently working their way through the Arizona Supreme Court's process? Learn the details of these proposed changes and the details of recent civil and criminal cases that impact your practice.

FACULTY: Dev Sethi, Kinerk, Schmidt & Sethi; Matt MacLeod, Gallagher & Kennedy PA

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