The Kessler-Eidson Program for Trial Techniques is characterized by its teaching methodology, which seeks to integrate the second-year law student's existing knowledge of substantive evidence with the introduction of practical trial skills through a "learn-by-doing" format. The workshops are conducted under this methodology with the following pedagogical goals: 1) integrate case analysis and relevance to provide improved understanding of each and their critical relationship to one another; 2) teach hearsay and character evidence concepts in the context of direct and cross examination; 3) provide practice at evidentiary foundations, authenticating exhibits, and making and refuting objections to better understand FREs on original writings, authentication, relevance, hearsay, and to help bring about better chain of custody foundations; 4) develop greater sensitivity for the understanding of audience and the relationship to the development of theories and themes through jury voire doire exercises; and 5) strengthen the art of persuasiveness in the presentation of evidence through exercises that familiarize and build confidence in the use of technology to display exhibits.
As you already know from the course schedule this spring semester we will look to bring about this integration of evidence and trial techniques by scheduling five Friday afternoon workshops on the following topics:
- January 25, 2008, from 1:30-4:30 PM (Tull Auditorium, Lecture Demonstration). We will conduct a workshop on Case Analysis and Relevance, using the BMI v. Minicom case file. Your assignment is to have read the case file thoroughly.
- February 1, 2008, the topic will be Direct and Cross, Hearsay and Character Evidence; 1:30-4:30 PM (1:30-2:30 Lecture Demonstration, 2:30-4:30 learning-by-doing workshop). We will conduct a workshop on Direct and Cross, examining Virginia Young, from the BMI v. Minicom case file. You will be assigned to either BMI or Minicom and accordingly will be required to prepare either a direct or a cross examination of Virginia Young.
- On February 8, 2008 the topic and workshop will be on Persuasive and Evidentiary Foundations for Exhibits, from 1:30-4:30 PM (1:30-4:30 learning-by-doing workshop). We will conduct a drill on Exhibit Foundations, using specially prepared exhibit problems from the BMI v. Minicom case file. You will be assigned to either BMI or Minicom and accordingly will be required to prepare relevant exhibit exercises.
- On February 29, 2008 the topic will be Jury Selection, from 1:30-4:30 PM. You will engage in a jury selection exercise for BMI v. Minicom. Again, you will be assigned to conduct voir dire for your client in BMI v. Minicom. You will also be assigned to play the role of a prospective juror for purposes of the workshop.
- On March 28, 2008 the topic will be Technology in the Courtroom, from 1:30-4:30 PM. (A video lecture will be assigned for viewing prior to the workshop). You will be asked to utilize the evidence camera and computer display technology using specially prepared exhibits from BMI v. Minicom.
These spring workshops will be conducted by some of Atlanta's finest trial lawyers and evidence teachers. As a result of our bringing them in, you will get an opportunity to work closely with these lawyers (in groups as small as 6-8 students) and not only get their insights about the marriage of practice and theory, but also have a chance to demonstrate your oral advocacy skills to them.
In addition, we have been able to partner with downtown Atlanta law firms and law offices to provide you the opportunity to learn on location at their offices. As a result, when you register you will be able to sign up in groups of 20 at either:
- Alston & Bird
- Federal Public Defender's Office
- Jones Day
- Kilpatrick Stockton
- King & Spalding
- McKenna Long & Aldridge
- Smith Gambrell & Russell
- Sutherland Asbill & Brennan
- Troutman Sanders
- US Attorney's Office (*NOTE: only 10 slots available)
You will meet at these offices for the workshops scheduled on Feburary 1, 8 and 29, and March 28, 2008. (The January 25, 2008 opening lecture/demonstration will be held at the law school in Tull Auditorium). For those of you who wish to work with general practitioners from small to medium sized firms and/or with state and federal court judges, you should sign up for the General Practitioner section. This group will be limited to 40 students and will meet in groups of 6 and 8 for workshops at the law school.
This year the May program session will run from May 3 - May 10, 2008, the days between the last examination make up day and graduation. *Because the program starts right after final exams, do not schedule a take-home exam if it will interfere with the start of the program.
To alleviate any conflicts that may arise, the ABA allows you to miss 2 classes (4 hours) in any two-hour course, unexcused. As a result you will be allowed to miss either one Friday afternoon workshop, or one half day of the intensive May session. You will not be allowed to miss either of the trial days, as you must serve on those days either as trial counsel, or as a witness.
As you may know, the May session of the KEPTT program is a unique learning experience. In May we will add to the Atlanta faculty by hosting over 40 nationally known trial lawyers, judges, and trial teachers to bring their different styles and regional perspectives to your growth and development as an advocate. We have a loyal group of excellent litigator/teachers who really enjoy teaching and who make the program fun. We work hard, learn a lot, and have a great time.
Please feel free to call or e-mail me with any questions you may have about the program. An e-mail to trials(at)law.emory.edu will reach Lindsay Jones, the KEPTT Program Administrator, and me. Lindsay Jones can also be reached at (404) 727-6814, and my direct phone line is (404) 712-2358.
With best regards,
Paul J. Zwier
Professor of Law
Director, KEPTT