I was born in Minnesota but raised in New York. My father who, unfortunately, died as a young man was a Lieutenant Commander in the United States Navy stationed at the Great Lakes Naval Base. When I was young, we moved from Minnesota to New York where I grew up and where I now practice law. As a child, I watched something I thought was both unusual and inspirational. I watched a woman work harder than anyone I have ever known in my life raise three children, support them, love them and care for them on her own without ever complaining. That woman was my mother. Her motto, which was a life lesson I still hold dear to this day, was “Don’t ever half ass it. Give them hell.” And she followed up with one other piece of advice that has always guided me, “You make your own luck.” It was against this backdrop that I learned discipline — whether it was participating in sports like wrestling or washing dishes or waiting tables while in high school and college — that has allowed me to develop a work ethic which I know most successful trial lawyers not only have but embrace.
I went to college in Boston and Law School at Hofstra. Following graduation, I worked as an Assistant District Attorney for three years. There, I tried more than 50 jury trials to verdict. We had special permission from the Appellate Division to try cases even before we were admitted to the bar. The goal at that time was to try any case — even (or should I say especially) the dogs —to get experience. I knew then that I wanted to be a plaintiff’s trial lawyer. In 1989 I joined Gair Gair & Conason, one of the best-known plaintiff’s firms in New York City, where I still work to this day as the Managing Partner. I have tried more than 150 cases to verdict. Throughout my career I have taught Trial Advocacy at many law schools throughout the country and internationally. I have been actively involved in the National Institute for Trial Advocacy serving as both a faculty member and eventually as Chair of the Board of Trustees. I have authored more than 100 articles on trial advocacy and have lectured at more than 500 CLE courses. I have also lectured at the Mayo Clinic, and many major medical institutions throughout the country on Medical Malpractice. I am a proud member of the Inner Circle of Advocates. I enjoy working out, kayaking and skiing. Over the last 6 years I have experienced one of the greatest pleasures of my life. I now have the pleasure of working with my son James at our firm and, to me, there are few things better in life than watching him develop into a fine trial lawyer.
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Specifically, Jury Selection will focus only on the tough issues: How to best deal with a client who has criminal convictions in the past, drug use (and present use of drugs) and alcohol. How to deal with pre existing injuries -- especially in a soft tissue case. What happens when the only way to recover a substantial award is to sue your client’s mother or sister – because they have the big insurance policy? This talk will explore successful techniques with tough issues, how and what to say to the jury to allow for a successful outcome.
Cross of Experts. This portion of the talk will show you how to deal with the professional witness who has far more courtroom experience than you. This lecture will show you how to best use substantive cross mixed with collateral attack to expose the witness for who he really is – an assembly line witness who has no interest in presenting an honest opinion but one who has every motivation to pad his pocket for personal gain by virtue of his devotion to litigation.
Finally, this lecture will provide compelling arguments that have successfully overcome the tough issues on Jury Selection and Cross of Experts turning apparent weaknesses into strengths. The lecture will be filled up with examples that are portable – and arguments that will help you win your next case.
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