An outstanding faculty of judges and lawyers share their knowledge and experience to help you achieve success both in and out of the courtroom. Start with the most basic component of your practice—getting clients in (and sometimes out) the door—and then set the stage for your case with insights into parties and pleadings. Uncover discovery and deposition strategies, and gain an understanding of arbitration, mediation, negotiation, and settlement conferences. Learn the difference between an order and a judgment and what to expect regarding attorney fees. Explore trial tips and techniques, and then complete your litigation foundation by learning what is appealable—and what is not.
Cosponsored by the Litigation Section.
To purchase CD or DVD products for this seminar, please call the OSB CLE Service Center at (503) 431-6413, toll-free in Oregon at (800) 452-8260, ext. 413.
Seminar Topics
Individual segments—Click icon to:
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Case Selection
How to get the potential client in (and out) the door
What to look for and what to avoid
Lessons learned
Michael T. Wise, Michael Wise & Associates PC, Portland
Setting the Stage for Your Case: Selecting Parties, Drafting Pleadings and ORCP 21 Motions
What parties you should include
Pleading the ultimate facts
Where you should file your case
Motions against the pleadings—help your case in the long run
Richard R. Meneghello, Fisher & Phillips LLP, Portland Bonnie Richardson, Folawn Alterman & Richardson LLP, Portland
Discovery Made Easy!
The early bird gets the worm—develop a plan at the outset of your case
Be careful what you wish for—don’t get buried in irrelevant discovery
Docket, docket, docket—watch those deadlines and avoid inadvertent waivers or admissions
Pick your battles—not all discovery disputes are worth fighting
Laura Caldera Taylor, Bullivant Houser Bailey PC, Portland
E-Discovery: Is it Good? Is it Bad? Why it Matters in Civil Litigation
What is e-discovery and why do we care?
Preserving electronically stored information
Requesting and producing e-discovery
Kristen S. David, Bowerman & David PC, Oregon City
Depositions
How to set and accomplish deposition goals
How to ask deposition questions
The most important questioning tricks to know, use, or avoid
How and when to make objections
Preparing your client for deposition
Using video
David B. Markowitz, Markowitz Herbold Glade & Mehlhaf PC, Portland
Arbitration
Court-annexed arbitration
Arbitration pursuant to contract
Arbitration by agreement of parties
The Honorable Edward J. Jones, Multnomah County Circuit Court, Portland Lisa Almasy Miller, Attorney at Law, Clackamas
Negotiation, Settlement Conferences, and Mediation
Understanding the process
Preparing your client
Guarding your credibility and reputation
Negotiation strategies
Moderator: Scott A. Shorr, Stoll Berne, Portland The Honorable Thomas M. Coffin, U.S. District Court for the District of Oregon, Eugene The Honorable Susan M. Leeson, Salem W. Eugene Hallman, Hallman & Dretke, Pendleton
Orders and Judgments
Differences between an order and a judgment
Oregon Rules of Civil Procedure (ORCP) and various types of judgments
Uniform Trial Court Rules (UTCR) and the appropriate way to file and obtain orders and judgments
The Honorable Eve L. Miller, Clackamas County Circuit Court, Oregon City
Attorney Fees
Entitlement
Client expectations
Recordkeeping
Application
John A. Berge, Bryant Lovlien & Jarvis PC, Bend
The Trial
How to develop a trial theme
What to do with your client’s “bad advice”
The most powerful way to conduct an opening statement
The “real purpose” of closing argument
Why “less is more” . . . when it comes to trial
Dennis P. Rawlinson, Miller Nash LLP, Portland Robert J. Neuberger, Attorney at Law, Portland
Appellate Review of Oregon Trial Court Decisions
What is appealable—and what is not
Procedures and deadlines for initiating an appeal
Preparing the appeal record
Required content of an appellate brief
Oral argument in the appellate courts
The Honorable Virginia L. Linder, Oregon Supreme Court, Salem R. Daniel Lindahl, Lindahl Law Firm PC, Portland
Please note that it may take up to 30 days after you complete an online seminar for it to appear on your online MCLE Compliance Report at www.osbar.org.
Listening to an MP3 download is considered self-study and should be reported on OSB MCLE Form 6 (Contemporaneous Individual Screening Log). For reporting questions, please visit http://www.osbar.org/mcle or call the OSB MCLE Department at (503) 431-6368 or toll-free in Oregon at (800) 452-8260, ext. 368.
Credit Information
6.25 Total CLE Units, 6.25 of which may be applied toward Practical Skills Credit (No Ethics)
Course materials—Chapters 1 through 9 (updated 10-11-2011 to include Chapter 2A handout; updated 10-18-2011 to include chapter 4 handout) (same file for both days) (218 Pages, 2 MB)
