Total Credits: 5.75 including 2.5 Ethics
|SAVE THE DATE
Special CLE for litigators presented by
The Fellows of The American
College of Trial Lawyers (ACTL)
Proudly Co-Sponsored by
Sandra Day O'Connor College of Law at Arizona State University,
University of Arizona James E. Rogers College of Law
and CLE West
| Trials in a Radically Changing World:
Views from the Pit and the Bench
Friday | May 20, 2022 | 9:00am - 5:00pm
at the Sandra Day O'Connor College of Law at Arizona State University, Downtown Phoenix
This seminar may qualify for up to 6.5 hours MCLE, including 2.5 hours of Ethics.
|ACTL Fellows represent the top 1% of the lawyers in the US and there are few chances to learn from lawyers of their caliber. You won't want to miss this opportunity.|
|Trial Lawyers Want to Win at Trial – But at What Cost?
This seminar will explore winning tactics at trial and also expose the audience to ethical and professional issues which will enhance your success with professional and ethical presentations. Listen to some of Arizona’s best trial lawyers and judges discuss what resonates with jurors and the court. Learn what you can and cannot argue and the ethical pitfalls to avoid.
|I. Theme Development: Start to Finish
The presentation will show how successful lawyers develop a theme for their case and follow through from discovery/disclosure through trial. It will also address the use of jury consultants and thinking outside the box.
Evans Garrey, PLLC
Perkins Coie, LLP
Shorall McGoldrick Brinkmann
|II. Jury Selection: the Abolition of Peremptory Challenges
This presentation will address the abolition of peremptory challenges and the effects it is likely to have on the decisions judges will make as well as the strategies lawyers should use in jury selection.
Hon. Jeffrey Bergin
Pima County Superior Court
Hon. Katherine Cooper
Maricopa County Superior Court
Sandweg & Ager, PC
Beale Micheaels Slack Shughart, PC
Jones Skelton & Hochuli, PLC
|III. Has ADR Replaced the Jury Trial?
This presentation will discuss current trends in alternative dispute resolution and how a lawyer's ability to try a case impacts their ability to obtain favorable pre-trial resolution.
Murphy Schmitt Hathaway
Sammons ADR, LLC
Udall Law Firm, LLP
|IV. Expert Witnesses: When and How to Use them
This presentation will focus on the process of identifying issues requiring expert testimony, identifying and selecting an expert, whether to take an expert's deposition, and how to effectively present expert testimony at trial.
Udall Law Firm, LLP
Papetti Samuels Weiss, LLP
Rusing, Lopez, & Lizardi Attorneys at Law
|V. Litigating and Trying Civil Cases With Criminal Ramifications
This presentation will focus on issues trial lawyers face in civil cases with parallel criminal proceedings. Issues to be discussed will include how and when the Fifth Amendment can be invoked and the consequences of doing so, use of grand jury transcripts, the effect of a criminal plea on a civil case and what Fourth Amendment protections are available in civil trials.
Hon. Randall Warner
Maricopa County Superior Court
Henze Cook Murphy, PLLC
Piccarreta Davis Keenan Fidel, PC
Jones Skelton & Hochuli, PLC
Laura E. Udall, PLLC
|VI. The Ethics of Professional Conduct: In and Out of the Courtroom
This presentation will discuss ethical professional interaction in litigation and trial.
Hon. Timothy Thomason
Maricopa County Superior Court
Hon. Tom Zlaket
Thomas A. Zlaket, PLLC
The Cavanagh Law Firm
|VII. Ethical Strategy: How Trial Lawyers Can Avoid Bar Inquiries
All cases involve many strategic decisions. This section will address how to ethically implement those decisions from intake through trial.
Hon. James Teilborg
United States District Court, District of Arizona
Schmidt Sethi & Akmajian
Salt River Project
Snell & Wilmer, LLP
|2022 ACTL Program Book (18.80 MB)||Available after Purchase|
Thomas P. Burke, II is a highly respected trial and appellate attorney who has actively practiced law since graduating from the University of Arizona, College of Law in 1984. Mr. Burke has had success for many clients (individuals, companies, and governmental agencies) in a variety of cases in both trial and appellate courts and at the state and federal levels. Tom’s practice is primarily in tort matters which includes serious personal injury, wrongful death, insurance claims, product liability claims, premises liability claims, motor vehicle claims (automobile and trucking), liquor liability claims, and governmental claims. Tom is involved in various attorney associations, having served on the boards of a state organization and two national organizations, and has been a seminar speaker on many trial practice topics. In 2012, Tom was the only nominee in the state of Arizona to the prestigious American College of Trial Lawyers where he was inducted as a ‘Fellow” in 2013.
Hon. Katherine (Kay) M. Cooper was appointed to the Maricopa County Superior Court in 2011 by Gov. Brewer. She is currently assigned to Family Court, Downtown.
Before taking the bench, Judge Cooper had a civil litigation practice, primarily tort/personal injury, medical malpractice, insurance coverage, and municipal law. She earned both her undergraduate and law degrees at the University of Virginia. From law school, she joined the law firm of Jennings, Strouss & Salmon PLC where she was a partner and chaired the Recruiting Committee. After ten years, she transitioned from JS&S to serve as a full-time director of volunteers at a non-profit organization. She returned to practicing law at Schneider & Onofry PC and, later, as an Assistant City Attorney for the City of Scottsdale City Attorneys Office.
Thom Slack is a partner with the Phoenix firm of Beale, Micheaels, Slack & Shughart where he represents plaintiffs in catastrophic injury and wrongful death cases with an emphasis on railroad grade crossing collision, trucking and construction accidents. He has tried numerous catastrophic injury and wrongful death cases, including automobile, motorcycle and trucking accidents, railroad grade crossing collisions, and construction and premises liability injuries. Mr. Slack has obtained significant seven and eight figure jury verdicts and settlements for his clients. He also serves as a mediator and arbitrator in personal injury and wrongful death cases.
Mr. Slack earned his B.A. degree, with highest honors, from the University of California, Santa Barbara, and his J. D. degree, cum laude, from University of California Hastings College of Law. Mr. Slack is a State Bar of Arizona certified specialist in injury and wrongful death litigation; a fellow of the American College of Trial Lawyers, and is listed in Best Lawyers in America and Super Lawyers. He is the past president of the Phoenix chapter of the American Board of Trial Advocates and a judge pro tem for the Maricopa County Superior Court. Mr. Slack is an adjunct professor at the Arizona State University Sandra Day O’Connor College of Law and the Phoenix School of Law, is a member of the State Bar of Arizona’s Fee Arbitration Committee, the Personal Injury and Wrongful Death Advisory Committee and a former member of the Jury Instruction Committee.
An accomplished trial attorney, Phil Stanfield focuses his practice on transportation defense, professional liability, product liability, and defending insured’s covered by general liability policies. Prior to pursuing a law degree, Phil worked as a chemical engineer for four years.
In 2009, Phil was inducted as a Fellow by the American College of Trial Lawyers, an organization widely considered to be the premier professional trial organization in America. He is also a member of the American Board of Trial Advocates, an organization that selects is members based on trial skills and ethics and is dedicated to the preservation and protection of the right to jury trial.
2007 - Present: Judge, Superior Court in Maricopa County, Phoenix
2001 - 2007: Partner, Jones, Skelton & Hochuli, Phoenix
1997 - 2001: Attorney, Roshka, Heyman & DeWulf, Phoenix
1995 - 1997: Attorney, Sole Practioner, Phoenix
1995 - 1995: Attorney, Peskind, Hymson & Goldstein, Scottsdale
1993 - 1995: Attorney, Lewis and Roca, Phoenix
1992 - 1993: Judicial Clerk, Arizona Supreme Court Justice Thomas A. Zlaket, Phoenix
Bachelor of Arts, Political Science, 1989, University of Arizona
Juris Doctor, Law, 1992, University of Arizona College of Law
Randy has been with his firm for more than twenty years and recently served several years as the Practice Group Leader of the firm's Litigation section. He has been recognized as a top Arizona litigator by Benchmark Litigation, Best Lawyers, Chambers International, Martindale-Hubbell, Phoenix Magazine and Southwest Super Lawyers.
Randy’s practice focuses on trial work, commercial litigation and antitrust counseling.
Randy has an active trial and arbitration practice and has successfully tried cases ranging from his defense of a man accused of first-degree murder to a complex lease and regulatory dispute that resulted in an $11.2 million jury verdict for the firm’s client. He also regularly arbitrates cases and has obtained several awards exceeding $1 million in arbitrations and several defense verdicts in the same area arising out of partnership and corporate disputes. He was part of the trial team that in 2016 obtained a nationally publicized jury verdict that the writer, director, and producer of the Broadway play, Jersey Boys, copied from an unpublished manuscript of a deceased lawyer. In 2011, Randy was invited into and inducted as a Fellow of the American College of Trial Lawyers, the preeminent trial lawyer organization in America.
With a background in finance and economics, Randy has experience in handling a wide variety of commercial disputes. He has particular experience in disputes involving partnerships and other joint venture disputes, real estate, restrictive covenants, and intellectual property litigation. He was selected by Best Lawyers and his local peers as the 2013 Lawyer of the Year for “Bet-the-Company Litigation.”
Antitrust Disputes and Counseling
Randy counsels trade associations, industry consortiums, non-profits and corporations on antitrust, restrictive covenant and other unfair competition matters, and has served as counsel in several major antitrust class actions filed in Arizona. He is a past Chair of the Antitrust Section of the State Bar of Arizona.
On a pro bono basis, Randy has handled three high-profile murder cases in which he believed the defendants had been falsely accused. In one, after a six-week trial, the jury hung 8-4 in favor of acquittal. In another, the State eventually dismissed all charges. In the third case in Qatar, Randy's clients were exonerated by the Qatari courts. Randy has received multiple awards for his pro bono and community service work.