This article appeared in the Fall 2013 issue of the Bulletin, the publication of the American College of Trial Lawyers and is reproduced here with permission of the College.
The University of Montana School of Law
The 25th Annual (2013) Trial Advocacy topics are:
- Effective Jury Selection
- Compelling Opening Statements
- Creating Dynamic Trial Visuals
- Courtroom Communication Techniques
- Depositions: Strategy and Purpose
- Formulating a Direct Examination Strategy
- Art of Cross Examination
- Presenting and Attacking Expert Testimony
- Persuasive Closing Arguments
- Ethical Pitfalls for Trial Lawyers
During the week, you will see demonstrations of trial skills by the faculty and have your performances videotaped and critiqued by them. You will try
a case sometimes representing the plaintiff and sometimes representing the defendant. You will prepare and present voir dire, an opening statement, a closing argument, and conduct direct, cross, and redirect examinations of fact and expert witnesses. You will learn about effective jury selection and how to use visual aids to enhance your persuasiveness.
This year’s course uses an insurance case (Click here to review case) involving the death of an individual and the insurance company's failure to remit payment to the beneficiary.
31.25 CLE credits pending approval including 1.0 ethics
Enrollment is limited to 36 (law students desiring to attend may add their name to a wait list at student services in the event the seats are not filled by practicing attorneys). All registration is on a first-come, first-enrolled basis. When the 36 seats are filled, we will keep a wait list in the event of cancellations. Early registration is encouraged.
The cost for attendance and participation is $1200 plus online registration fees. This cost includes instruction, books and materials, continental breakfast and brown bag lunch on day one. A non-refundable $400 deposit is due no later than May 1, 2013 to reserve a seat in the program. The $800 balance is due and payable no later than May 20, 2013. Cancellations received prior to May 20, 2013 willl receive a refund less $50 processing fee and refundable online registration fees. Failure to remit the balance in full by May 20, 2013 will result in the forfeit of deposit and seat for the course.
A block of sleeping rooms is being held at the Holiday Inn Downtown until May 10, 2013. Call 406.721.8550 and ask for the "Advanced Trial Advocacy Attendees" block or book online.
Holiday Inn Advanced Trial Advocacy
or call (406) 721-8550
200 South Pattee, Missoula, MT 59802
2013 Advanced Trial Advocacy Program Faculty
Hon. Dana L. Christensen
B.A. in History in 1973 from Stanford University, University of Montana School of Law, graduating in 1976, admitted to the Montana Bar and the U.S. District Court, District of Montana 1976, and the U.S. Court of Appeals, Ninth Circuit in 1982. An Associate in the Montana Chapter of the American Board of Trial Advocates and a Fellow in the American College of Trial Lawyers. Judge Christensen received his AV rating from Martindale-Hubbell in 1994. Lawyer representative to the Ninth Circuit Judicial Conference 2007-2009. Appointed in 2010 by the Hon. Chief Judge Kozinski to a three-year term on the Advisory Board of the Ninth Circuit Court of Appeals. Judge Christensen is the seventeenth U.S. District Court Judge in Montana and formerly a principal with Christensen, Moore, Cockrell, Cummings & Axelberg, P.C., Kalispell, Montana.
Ronald H. Clark, Esq.
Distinguished Practitioner in Residence, Seattle University Law School. Formerly, King County Prosecutor’s office in Seattle, Washington (10 years as Chief Deputy of the Criminal Division) and Senior Training Counsel at the National Advocacy Center in Columbia, South Carolina. National lecturer and author, including Pretrial Advocacy, Trial Advocacy, Evidence Skills, and Cross-Examination Handbook.
Michael D. Cok, Esq.
Founding partner, Cok Kinzler PLLP, Bozeman, Montana. The University of Montana School of Law (J.D. with honors 1978). Sustaining member, Montana Trial Lawyers Association, 1979-present (board member, 1989-2013; president, 1998-1999); sustaining member, Association of Trial Lawyers of America, 1981-present; Trial Lawyers for Public Justice; Fellow, American College of Trial Lawyers. Listed in Best Lawyers in America. Extensive products and professional liability, environmental pollution, and personal injury litigation experience.
Hon. Patricia Cotter
Justice Cotter graduated from Western Michigan University with a B.S. in Political Science and History in 1972, and from Notre Dame Law School in 1977. After practicing law in South Bend, Indiana, for a number of years, she and her husband, Michael, moved to Montana in 1983 and began practicing law in Great Falls. In 1985, they established the law firm of Cotter & Cotter. Justice Cotter was twice honored with the Montana Trial Lawyer Association’s Public Service Award, and received the group’s Appellate Advocacy Award in 1999, after chairing the group’s Amicus Curiae committee for 7 years. From 1996 to 1998, she served as chair of Montana’s lawyer representatives to the Ninth Circuit Judicial Conference. In 2006, Justice Cotter was presented with the Edward C. Alexander Award for distinguished legal service and professionalism by the Cascade County Bar Association. On November 7, 2000, Justice Cotter won election to the Montana Supreme Court for an eight-year term. She was re-elected to a second term on November 4, 2008. She and her husband, Michael, have two grown children.
Randy J. Cox, Esq.
Shareholder, Boone Karlberg P.C., Missoula, Montana. Northeastern University (J.D. 1979). Associate, American Board of Trial Advocates; Chair, Montana Board of Bar Examiners; Advisory Commission on Rules of Civil and Appellate Procedure; Montana Defense Trial Lawyers (past president). Listed in Best Lawyers in America. Extensive experience in commercial, personal injury, toxic tort, and railroad litigation.
Cynthia Ford, Esq.
Professor, The University of Montana School of Law. Cornell Law School (J.D. cum laude 1978). Crowley, Haughey, Hanson, Toole & Dietrich, 1978-1983; Davis, Wright & Jones, Seattle, Washington, 1983-1988; solo practice, Bainbridge Island, Washington, 1988-1990. Chief Judge, Suquamish Tribal Court, 1988-1990; Associate Justice, Confederated Salish & Kootenai Court of Appeals, 1997-2000. Litigation practice 1978-1990; law school faculty since 1990, teaching Civil Procedure I and II, Evidence, Family Law and Remedies. Professor Ford served as the co-coach of the law school’s Trial Team for 22 years. She is the author of the “Montana Civil Pleading and Practice Formbook” and, during her sabbatical 2012-2013, worked on the “Montana Evidence Handbook.” She is also the author of “Evidence Corner” in Montana Lawyer magazine.
Sean P. Goicoechea, Esq.
Partner, Moore, Cockrell, Goicoechea & Axelberg, P.C., Kalispell, Montana. The University of Montana School of Law (J.D. 2000). Intern, United States District Court for the District of Montana, Judge Donald Molloy, 1998-2000. Montana Defense Trial Lawyers; Association of Ski Defense Attorneys, 2001-2013. Attorney Representative for the U.S. District Court Attorney Admissions Fund Advisory Committee, 2008-2013. Selected as 2008-2013 Super Lawyers Mountain States Rising Stars. Experience litigating and trying cases involving personal injury, medical malpractice, civil rights, and ski areas liability.
Steven J. Harman, Esq.
Sole Practitioner, Steve Harman Law, PLLC, Billings, Montana. The University of Montana School of Law (J.D. with honors 1975). Advocate, American Board of Trial Advocates; Fellow, American College of Trial Lawyers; Montana Defense Trial Lawyers (past president); Montana Supreme Court Advisory Commission on Appellate Alternative Dispute Resolution; lawyer representative, Ninth Circuit Judicial Conference. Listed in Best Lawyers in America.
Mr. Harman represents people in medical malpractice cases and other serious personal injury matters.
Thomas D. Henderson, Esq.
Administrative Assistant District Attorney General for the 30th
Judicial District in Memphis, Tennessee. Administrative Assistant for Criminal Courts (2005-present); Chief Prosecutor for the General Sessions and Juvenile Court (2001-2004); Director for the Violent Crimes Prosecuting Unit (1999-2001); Division Leader (1980-1999); Assistant District Attorney General (1976-present); Recipient of the Association of Government Attorneys in Capital Litigation Region IV Vice President’s Trial Award in 1997 and 1992, the National College of District Attorneys Distinguished Faculty Award in 1985, and the NCDA Lecturer of Merit Award in 1984.
Natasha Prinzing Jones, Esq.
Shareholder, Boone Karlberg P.C., Missoula, Montana. The University of Montana School of Law (J.D. with honors 2000). Boone, Karlberg & Haddon, P.C., 2000-2001, Clerk for Hon. Sam E. Haddon, United States District Court Judge, 2001-2002, Boone Karlberg P.C. 2002-present. Named 2013; Top 250 Women in Litigation (Benchmark); Mountain States
; Super Lawyers (2008-2012); Best Lawyers, 2011-2012; 2012
; Bar Registry of Preeminent Women Lawyers (Martindale); AV rated (Martindale); Chambers USA: America’s Leading Lawyers for Business, 2007-2012. Experience in civil litigation, including FELA law and insurance defense.
Hon. Ted O. Lympus
District Court Judge, 11th Judicial District, Kalispell, Montana, 1992-present. The University of Montana, B.A. 1966, J.D. 1972. Deputy Lake County Attorney/private practice, Polson, Montana, 1972-1975; private practice, Kalispell, Montana, 1975-1978; Flathead County Attorney, 1979-1992; Special Prosecutor, Missoula County, 1976 and Big Horn County, 1982; Special Assistant Attorney General (litigation), 1978; Montana Commission on Criminal Procedure, 1988-1992; President, Montana County Attorneys Association, 1989-1990; Chair, Montana Board of Crime Control State Drug Strategy Task Force, 1990-1992; Sentence Review Division of the Montana Supreme Court, 1994-1996 (Chair 1996); Montana Sentencing Commission, 1995-1997; President, Montana Judges Association, 2006; Chair, Judicial Nomination Commission, 2004-2010.
Carey E. Matovich, Esq.
Principal, Matovich, Keller & Murphy, PC, Billings, Montana. The University of Montana School of Law (J.D. 1981). Fellow, American College of Trial Lawyers (2004-present); Montana Supreme Court Commission on Civil Jury Instructions (1999-present); Montana Supreme Court Commission on Practice (2001-2012); Member, American Board of Trial Advocates (2008-present); Fellow, American Bar Association Foundation (2012-present); Listed in; Best Lawyers in America (2003-present);
selected to Mountain States: Super Lawyers,
2007-present (Top 75 Lawyers and Top 40 Women).
Currently a lawyer representative to the Ninth Circuit Court of Appeals. General civil litigation experience in state and federal courts.
John E. Smith, Esq.
B.A. in Philosophy and Economics in 1983 from the University of Montana. Graduated from the University of Montana School of Law, with honors, in 1987. Admitted to the Montana Bar and the U.S. District Court, District of Montana in 1987, the U.S. Court of Appeals, Ninth Circuit in 1993. Member of the National Association of Criminal Defense Lawyers since 1989. Founding and lifetime member of the Montana Association of Criminal Defense Lawyers since 1996. Served as secretary/treasurer, vice president, and a two-year term as president of the MTACDL, finishing term as president in February 2003. Elected treasurer of the Montana Chapter of the Federal Bar Association in November 2003, and remains in this position. Attended Gerry Spence’s Trial Lawyer College at the Thunderhead Ranch, Dubois, Wyoming, June-July 2000. Specializing in criminal defense, trials and appellate work, in State and Federal courts in Montana as part of his small law firm in downtown Missoula, Montana, Smith & Stephens, PC.
Hon. Karen S. Townsend, District Court Judge
4th Judicial District for the State of Montana, 2011-present. Ohio Wesleyan University (B.A. 1964); University of California (M.A. 1965); University of Montana School of Law (J.D. with honors 1976); Deputy County Attorney, Missoula County Attorney’s Office, 1976-1980; Chief Staff Attorney, County Prosecutor’s Services Bureau, Montana Department of Justice, 1980-December 1981; Senior Deputy County Attorney, Missoula County Attorney’s Office, 1982-1988; Director of Training, National College of District Attorneys, 1988-1990; Senior Deputy County Attorney, Missoula County Attorney’s Office, 1990-1998; Chief Deputy County Attorney Missoula County Attorney’s Office, 1998-December 2006; Special Assistant United States Attorney, 1984-1988, 1990-2006; Fellow, American College of Trial Lawyers; Named a Super Lawyer for the Northwest Region; Western Montana Bar’s Outstanding Lawyer in 1994; Named winner of the YWCA’s Salute to Excellence Award for Public Service in 1996; Awarded Distinguished Faculty Award from the National College of District Attorneys in June 2006; Member, American Bar Association; State Bar of Montana; Member, Montana Supreme Court Commission on Criminal Jury Instructions; Faculty Member, University of Montana Advanced Trial Advocacy Program, 1992-2001, Director of Program, 2002-present; co-coach of University of Montana’s Trial Advocacy Competition team 1998-2010, primary coach, 2010-2012; extensive local, state and national trial advocacy teaching experience.
Gary M. Zadick, Esq.
Graduate of University of Montana 1975, Economics and Political Science, with Honors, University of Montana Law School 1978. Deputy Cascade County Attorney, 1978-1979. Alexander & Baucus, 1979-1985. Ugrin Alexander Zadick & Higgins, 1985-present. Lecturer: University of Montana Law School, Insurance Bad Faith; University of Great Falls, Criminal Procedure and Evidence. Selected for inclusion in: Best Lawyers
, Chambers Leading Lawyers of North America
, Super Lawyers-Mountain State
s, Martindale-Hubbell AV Preeminent Lawyers
, National Trial Lawyers Top 100 Trial Lawyers Montana
, Benchmark Litigation Guide Top Lawyers Montana
Samuel Boerboom, Ph.D.
Assistant Professor, Department of Communication and Theatre, Montana State University Billings. Faculty member and coordinator, Gustavus Adolphus College Summer Speech Institute. Regular presenter at the National Communication Association, Western States Communication Association, and Rhetorical Society of America conventions. Areas of expertise include public advocacy, rhetoric and public affairs, political communication, ethics, and mass/social media and coalition-building.
Nikki R. Schaubel, M.S.
Independent Communication and Trial Consultant. Background in public relations, court administration, organizational communication and public speaking. Fellow, National Center for State Courts Institute for Court Management. University Lecturer, Montana State University Billings, Department of Communication and Theatre.
Melinda C. Tilton, M.A.
Independent Communication and Trial Consultant. Areas of expertise include public speaking, group dynamics, interpersonal, and intercultural communication. University lecturer, Montana State University Billings, Department of Communication and Theatre (1990-present). Lecturer, University of Montana, Department of Communication and California State University, Long Beach, Department of Communication (1980-1990). Active presenter and panelist in the National Communication Association. Communication and Leadership Trainer for a broad range of organizations, including Montana Bar Association, Billings Fire Department, MT-Wyoming Tribal Leaders Council and Hospice. Recipient of the University of Montana School of Law, Advanced Trial Advocacy Program Distinguished Faculty Award, 1999, 2001 and the MSUB Faculty Excellence Award, 2009.