ADVANCED TRIAL SKILLS INSTITUTE
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June 2022
Advanced Trial Skills Institute
ADVANCED TRIAL SKILLS INSTITUTE
June 2022
Advanced Trial Skills Institute
Program Schedule
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.June 2022
Advanced Trial Skills Institute
I Method of Instruction
The Advanced Trial Skills Institute taking place online is designed to teach and
enhance the trial skills of attorneys who represent survivors in contested hearings
and trials. You will be counsel of record for one of the parties in the civil case, Lee
v. Lee. The method of instruction for this program will follow the teaching model
developed by the National Institute for Trial Advocacy (NITA). The emphasis will
be on “learning by doing,” with constructive faculty critique and assistance.
II Materials
• Lee v. Lee Case File
• Recorded lectures
o Closing Arguments in Custody Cases
Professor Beth Posner & Judge James Riehl
A strong closing argument ties together the pieces of your
client’s case with the law in a compelling and cohesive way. In
this webinar, you will gain an understanding of how to prepare
and deliver a persuasive closing argument, including choosing
which evidence to focus on, dealing with bad facts, and
developing an effective case theme.
o Impeachment by Prior Inconsistent Statement
Sandra Johnson
Impeachment by prior inconsistent statement is a technique
used to establish that a witness’s testimony at trial contradicts
an earlier statement. Participants will be introduced to what
the rules require to impeach a witness with a prior inconsistent
statement, and the steps to impeach a witness effectively.
Recommended Materials:
Though not required, we highly recommend Modern Trial Advocacy, 5th ed. as a
resource for learning trial advocacy skills.
We also suggest having a copy of the Federal Rules of Evidence with you during
the program.
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.June 2022
Advanced Trial Skills Institute
III Preparation
IMPORTANT WARNING!
Time for preparation during the program is extremely limited. In order to get
the maximum benefit from the program, it is imperative that you prepare as
much as possible before the program begins and between Modules. You
should read and become thoroughly familiar with the case file before the
program begins. You should expect to spend 2–3 hours before each Module to
read and prepare.
IV Case Information
Lee v. Lee is a dissolution of marriage case involving child custody and domestic
violence.
Sang-ho Lee filed a Petition for Dissolution of Marriage in Nita City, Nita against
his wife Elizabeth Lee. The current proceeding arises out of Mr. Lee’s Motion to
Modify Custody and Visitation of their thirteen-year-old daughter, Jennifer.
We used the (“A”) and (“B”) adversary method in making assignments. The
assignments in this program schedule are made using these designations. A’s will
represent Petitioner Sang-ho Lee; B’s will represent Respondent Elizabeth Lee.
MODULE 1: ADVANCED TRIAL SKILLS INSTITUTE: June 7, 2022
Note: All program times are Eastern Time
12:50 – 1:00 Participants Log onto Platform
1:00 – 1:20 Welcome and Introduction to the Program
1:20 – 2:40 Lecture: Expert Witnesses
Expert witnesses are hired for their expertise in certain
subjects and can play a critical role in the outcome of custody
cases. Participants will be provided with an overview of expert
witnesses and the rules of evidence that govern expert
testimony, how experts can help civil attorneys prepare for
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.June 2022
Advanced Trial Skills Institute
trial, ideas for identifying experts, and techniques for
challenging adverse and neutral experts in court.
2:40 – 2:55 Break
2:55 – 4:15 Case Planning Exercise: Strategy
A’s and B’s will meet separately to identify the legal theories,
good and bad facts, and themes they will be working with as
they prepare to present their respective sides of the case with
respect to obtaining a safe and effective custody and visitation
order on behalf of their client.
Preparation for this exercise is crucial and requires becoming
intimately familiar with the facts in the case file and the
applicable statute.
4:15 – 4:30 Daily Reflection
MODULE 2: ADVANCED TRIAL SKILLS INSTITUTE: June 9, 2022
Note: All program times are Eastern Time
12:50 – 1:00 Participants Log onto Platform
1:00 – 3:30 Performance Workshop: Qualifying and Accrediting Experts &
Direct Examination of Expert Witnesses
Each participant will do the portions of the direct examinations
that focus on the experts’ qualifications to give their
opinion(s). Participants will then conduct a direct examination
of their expert. As part of this exercise, participants will offer
their expert’s Report & Recommendations into evidence.
A’s conduct a direct examination of Mr. Lee’s expert, Tanisha
Agarwal, qualifying Dr. Agarwal as an expert witness, offering
Dr. Agarwal’s Report & Recommendations into evidence, and
then conducting a direct examination on Dr. Agarwal’s
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.June 2022
Advanced Trial Skills Institute
recommendation that Mr. Lee serve as the primary custodial
parent of Jennifer.
B’s conduct a direct examination of Mrs. Lee’s expert, Erik
Earnshaw, LCSW, first qualifying Mr. Earnshaw as an expert
witness, offering Mr. Earnshaw’s Report & Recommendations
into evidence, and then conducting a direct examination on
Mr. Earnshaw’s recommendation that Mrs. Lee serve as the
primary custodial parent of Jennifer.
3:30 – 3:45 Break
3:45-4:45 Lecture: Laying Evidentiary Foundations for Digital Evidence
More and more so, attorneys face challenges related to
technology, including abuse facilitated by technology,
gathering digital evidence, admitting digital evidence, and
making sure judges understand new and evolving forms of
technology. Participants will be provided the information
necessary to lay the evidentiary foundations for various types
of electronic evidence.
4:45 – 5:00 Daily Reflection
MODULE 3: ADVANCED TRIAL SKILLS INSTITUTE: June 14, 2022
Note: All program times are Eastern Time
12:50 – 1:00 Participants Log onto Platform
1:00 – 2:45 Performance Workshop: Impeachment Techniques
A’s impeach Elizabeth Lee using text messages.
B’s impeach Sang-ho Lee using incident report.
2:45 – 3:00 Break
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.June 2022
Advanced Trial Skills Institute
3:00 – 4:45 Performance Workshop: Exhibit Exercises
Each participant will lay the foundation for and use exhibits
relevant to the Lee v. Lee case.
A’s will introduce call log, Instagram post, and co-parenting
tool online messages. B’s oppose the introduction of those
exhibits.
B’s will introduce text messages, Facebook posts, and cell
phone recording. A’s oppose the introduction of those
exhibits.
4:45 – 5:00 Daily Reflection
MODULE 4: ADVANCED TRIAL SKILLS INSTITUTE: June 16, 2022
Note: All program times are Eastern Time
12:50 – 1:00 Participants Log onto Platform
1:00 – 2:30 Performance Workshop: Cross Examination of Expert
Witnesses
Each participant will do the portions of the cross examinations
that focus on the opposing experts’ qualifications to give their
opinion(s) or any other topic selected by each participant.
A’s conduct a cross examination of Mrs. Lee’s expert, Erik
Earnshaw, LCSW.
B’s conduct a cross examination of Mr. Lee’s expert, Tanisha
Agarwal, Ph.D.
2:30 – 2:45 Break
2:45 – 4:45 Performance Workshop: Closing Arguments
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.June 2022
Advanced Trial Skills Institute
Each participant will give a closing argument (7-minute
maximum). The closing argument must include the significance
of their client’s expert witness’s opinion with respect to the
custody and/or visitation arrangement that is in Jennifer’s best
interest, or a comparison of the expert witnesses’ reports.
4:45 – 5:00 Institute Closing
This project was supported by Grant No. 2018-TA-AX-K006 awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those
of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice Office on Violence Against
Women.You can also read
