Every other year, The Northern California Chapter of AAML puts on a Trial Practicum, which provides 24 attorneys a four-day "hands on" program designed to help the participants develop quality trial skills by providing opportunities to observe skilled practitioners and to practice their skills in small groups while being videotaped and critiqued. The Practicum culminates in six all-day trials, held in the County Courthouse. 32 Fellows volunteered their time as teachers and coaches. Six sitting judges presided over the mock trials. Six forensic accountants and six custody evaluators participated in the trial. This year's Trial Practicum was a huge success; over $7,500 in grants to local charities were awarded this year from the proceeds of the event. The article below was written by one of our graduates.
Surviving the AAML Trial Practicum
By: Romy S. Taubman, of Greene Jordan Taubman & Taubman LLP
If you are an AAML fellow, you undoubtedly know that the AAML Trial Practicum is perhaps the best kept secret in family law. It is an intensive four day course, offered every other year, to the first 24 family law enthusiasts crazy enough not to know that they have signed up for a trial by fire experience in the classroom and courtroom.
I recently attended, and survived, the trial practicum held in October at the Monaco Hotel. This year's event was seamlessly organized by Lorie Nachlis.
Over the four day course, the Monaco Hotel became my office; my trial notebook became my bible; and my portable printer became my savior. On day one we were handed a thick white notebook detailing our assignment. I felt like James Bond receiving a mission: I would get to know my client, Mrs. Lexus, her angry husband, Mr. Lexus, and their three young children, Mary, Susan and Marty-- a child with special needs. My assigned trial partner was David Blacker. Together we would shape the fate of the three children's custody schedule, and argue that the date of separation was the only appropriate valuation date for Mr. Lexus' recruiting business. We had less than 72 hours to learn the law, learn the facts, and become masters of persuasion. This was not for the faint of heart.
Each day began at 7am, and concluded past midnight. Our schedule alternated between lectures and classroom practice in our subgroups, evaluated by group mentors.
The lectures included experts and panelists on evidence, opening and closing statements, direct and cross examination techniques, offers of proof and basic trial tips. I estimate that well over $100,000 in billable hours were donated by AAML fellows, forensic accountants, custody evaluators, and judges, to make these lectures possible.
After every lecture, we broke out into our groups of eight, to practice what we had learned only moments before. Our individual attempts were video-taped and evaluated. My group mentors were Judy Cohen and Scott Lueders. I want to personally thank them. Judy and Scott tirelessly listened to each of us, as we stumbled or heralded. No matter which, they gave us positive, constructive feedback. I loved hearing each member construct opening and closing themes. One of my colleagues, Glenda, developed a brilliant metaphor for my client's behavior of alienating Mr. Lexus from their children: of opening and closing a gate. Glenda pleaded for my client, Mrs. Lexus, to open the gates. By the end, even I was tempted to agree.
On our fourth day, we all arrived at 8am wearing full suited armor at the San Francisco Municipal Court. I had slept less than 15 hours over the previous three days. I was assigned to appear in front of Commissioner Marjorie Slabach, with the formidable Larry Moskowitz as the bailiff. While my group members had been colleagues on days 1-3, on day 4 the gloves were off. David and I divided up the trial: I gave the opening statement, cross examined Mr. Lexus, cross examined the custody expert (Leslie Drozd, PhD), and conducted the direct exam of our forensic accountant (Joanne Bertozzi). David conducted the direct exam of Mrs. Lexus, the cross exam of their forensic accountant (Jim Walker) and gave the all-important closing argument. Commissioner Slabach rendered her decision at the end of the day and gave us individual critique.
I must admit that, by the end, it didn't matter what Commissioner Slabach decided: I felt like a winner for having completed my first trial. The trial experience provided an adrenaline rush that I dont want too often, but certainly won't dread. I believe that I can now truthfully tell a client, and opposing counsel, that I'm ready for trial!
Many thanks to the 2010 Trial Practicum Faculty:
Hon. Verna Adams
Peggy Bennington, Esq.
Joanne Bertozzi, CPA
Robert E. Blevans, Esq.
Renee Chernus, Esq.
Hon. Roy Chernus
Judith Cohen, Esq.
Cynthia V. Craig, CPA
Joseph Crawford, Esq.
Leslie Drozd, Ph.D.
Kevin A. Duffy, Esq.
Christopher F. Emley, Esq.
Kenneth L. Frank, CPA
Ronald S. Granberg, Esq.
C. Clay Greene, Esq.
John Harding, Esq.
Theodore D. Israel, CPA
Leigh E. Johnson, Esq.
Lisa M. Jolicoeur, CPA, Esq.
Robert Kaufman, Ph.D.
S. Margaret Lee, Ph.D.
Scott Lueders, Esq.
Sharon F. Mah, Esq.
Lawrence Moskowitz, Esq.
Lorie S. Nachlis, Esq.
Hon. Thomas Nixon
Nancy Williams Olesen, Ph.D.
Andrea L. Palash, Esq.
Hon. Lillian K. Sing
Hon. Marjorie A. Slabach
Hon. Charles A. Smiley
James Walker, CPA
Marjorie Gans Walters, Ph.D.
Hon. Beverly K. Wood
Lynne Yates-Carter, Esq
Congratulations to the 2010 Graduates:
Lisa Auer
Stephanie Bamberger
Javier Bastidas
David Blacker
Glenda Carvalho
Rachel A. Catt
Cecilia Chung
Sheila Craig
Lydia Crandall
Rodrigo Dias
Deborah Dubroff
Nancy Encarnacion
Anne Freeman
Jennifer Hemmer
Charli Hoffman
Kara Holtz
Betsy Johnsen
Natalia Lopez-Whitaker
Garren McCall
Julia Molise
Courtney O'Hagan
William Parks
Janet Simmonds
Romy Taubman
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