Author: Kristy Werness | Page 36

The Art of the Trial: Opening Statement

Nothing in the practice of law compares to the sheer drama of standing before a judge and jury to make a passionate and persuasive call for justice. After years of delving into arcane facts of law, it is time to decide what is truly critical for your trial narrative and to engage the hearts and minds of the jurors. It is your moment to establish a personal rapport and superior credibility with the jury. every trial attorney has his or her preferred methods for crating and delivering and opening. Here are a few of mine:

Be Your Own Worst Enemy

I prepare for my opening statement as soon as the judge sets a trial date. That’s when I examine the case s if I were the lawyer for the other side. This is not an imaginary exercise; if I am the plaintiff’s counsel, I craft a defense. If I am defense counsel, I craft the attack. This means being honest about the other side’s best arguments, strongest evidence, unimpeachable witnesses. With a clear sense of both side’s strengths and weaknesses, I begin writing my opening statement. I then drop the notes, practice it aloud the night before trial, memorize key highlights, then go to sleep. Early the next morning I run a few miles. Then I’m ready.

Ladies and Gentlemen…

The task of a trial attorney is to connect with the jury. So when allowed, I deliver an opening away from the podium, up close and facing the jury. If local rules call for you to stay near the podium, step one arms-length away so that you don’t appear to be hiding behind it. I also use this time to read the jury and its body language. Unless you are involved in a criminal case, jurors are not likely t gasp, weep or faint (as happened recently during an Iowa murder case, when graphic autopsy photos were shown). But I do look for little nods, raised eyebrows, or the tell-tale crossed arms. see how well you are connecting and on what points.

Never Read Your Opening Statement

When I first trained trial lawyers at the U.s. attorney’s office, I promised my young attorneys that if I ever caught them reading an opening statement in court, I would walk up and pull away their notes. (It happened once; the attorney stumbled for a moment and then improved.) The decision to read your opening is a decision to forego a personal connection with our jury. And your written work has a metric and cadence distinct from a natural verbal communication. Better to forget some words, appear human and make a genuine connection than to read a rehearsed statement.

Moez Kaba Named to Benchmark’s Under 40 Hot List

Partner Moez Kaba Named to Benchmark Litigation’s “Under 40 Hot List”

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Rising Stars: Seven Hueston Hennigan Attorneys Named to 2016 List

Additionally, Moez Kaba has been named as one of The Top 100 Rising Stars for the second year in a row.

“We are thrilled that the extraordinary talent, skill and commitment of our lawyers has been recognized again by Super Lawyers,” said founding partner Brian Hennigan.

According to Super Lawyers: The annual selections are made using a process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.

Corporate Murder Charges Dismissed in Rehab Case

Acting on a series of motions by the Hueston Hennigan team and the joint defense to dismiss the indictment, Judge Kiefer found insufficient evidence for murder charges but decided the state attorney general’s office could continue with a lesser charge of adult abuse charges against the facility, A Better Tomorrow, and its employees.

The case stems from the July 2010 death of Gary Benefield at a residential detox facility in Murrieta. The Riverside County Chief Forensic Examiner, who conducted the autopsy determined Mr. Benefield had died from natural causes, but Hueston Hennigan client Mignon “Meg” Dean, three other individuals and three corporate entities nonetheless were charged with murder. The case was believed to be the first time in California history that a corporation had been charged with such a crime.

Recorder: Hueston Hennigan Best 2016 White Collar Defense Department

The firm, which opened its doors in 2015, was recognized for its success in representing clients in high stakes white collar and government matters. Among other notable successes in 2015, Hueston Hennigan successfully had all felony charges dismissed against Waste Management Hawaii, Inc. after four years of litigation and investigation by the federal government, and vigorously defended a client faced with numerous charges by the SEC that ultimately the government declined to pursue.

From The Recorder: The Awards recognize California litigation practices that delivered exceptional results on their clients’ most critical and challenging matters. Recorder editors sifted through 148 nominations looking for decisive victories at trial or on appeal. They considered the degree of difficulty, dollar value and importance of each matter to the client; the depth and breadth of the practice; and the use of strategic approaches that proved successful.

Hueston Hennigan Named One of 5 Go-To Boutique Trial Law Firms in the U.S.

The firm has carved out a niche in focusing on bet-the-company litigation and is selective in accepting cases, favoring those that are likely to go to trial, Hueston told Law360.
Like Robbins Russell, Hueston Hennigan looks for talent that it can rely on from the beginning rather than some larger firms’ strategy of hiring less discriminately and waiting for the cream to rise to the top.

State Bar Retains Hueston Hennigan

Upon the State Bar’s motion, the Los Angeles County Superior Court appointed retired United States Magistrate Judge Edward A. Infante to preside over arbitration proceedings in Dunn v. State Bar of California, brought by Dunn after he was terminated. The arbitration is expected to commence shortly although no hearing date has yet been set.

State Bar President David Pasternak stated:

“We have the utmost confidence that Hueston Hennigan LLP will help to quickly put this distraction behind us and will end the resource expenditure that Mr. Dunn has caused the State Bar with his lawsuit for personal gain, enabling the bar to direct all of its attention to the important public protection work that is currently underway.”

The retention of Hueston Hennigan, a firm noted for outstanding trial skills and extensive experience representing public and quasi-public entities in high-stakes litigation, demonstrates the State Bar’s determination to vigorously combat Dunn’s allegations, said Vanessa L. Holton, State Bar General Counsel.

The Hueston Hennigan legal team is led by partners John Hueston and Moez Kaba.

“The State Bar of California is the state’s most prominent legal institution, and its integrity has been unfairly impugned,” said Hueston, adding, “We will vigorously defend it against these meritless accusations.”

In addition to representing Fortune 500 companies, government agencies and private entities, Hueston and Kaba currently represent the Navajo Nation in matters concerning contamination of its lands and waters. Hueston, a nationally renowned trial attorney, is a former lead prosecutor for the Enron trial of Kenneth Lay and Jeffrey Skilling.

The State Bar of California is an administrative arm of the California Supreme Court, protecting the public and seeking to improve the justice system for more than 80 years. All lawyers practicing law in California must be members of the State Bar. Membership now stands at about a quarter-million.

News Coverage: The Daily Journal: dj-state-bar-article

Super Lawyers Top 100: John Hueston and Brian Hennigan

Mr. Hueston and Mr. Hennigan, both have been repeatedly recognized by Super Lawyers over the years, and this year makes the third year on the “Top 100” list for Mr. Hueston, and the 10th for Mr. Hennigan.

Super Lawyers is a rating service of outstanding lawyers from a wide range of practice areas who have attained a high-degree of peer recognition and professional achievement. The multi-phased selection process includes independent research, peer nominations and peer evaluation by attorneys in a given practice area.

Allison Libeu Elected to Partner

“Allison is a tremendous talent, a skilled lawyer and wonderful colleague,” said Managing Partner Brian Hennigan. “Her contributions to the firm are key to the kind of progress and growth we expect for Hueston Hennigan, and we know we’ll see continued success and achievement from her.”

Ms. Libeu, who works in Hueston Hennigan’s Newport Beach office, concentrates her practice on complex commercial litigation. She has significant experience litigating high-stakes business disputes across a wide variety of areas, including business torts, contracts, class actions, securities fraud, insurance, and employment issues. Ms. Libeu’s practice includes litigation at the trial and appellate level in cases brought in federal and state courts throughout the U.S.

In addition to her practice, Ms. Libeu serves on the Associate Board of the Orange County Bar Foundation, a non-profit organization committed to keeping at-risk youth out of jail, in school, healthy, and drug free through education, counseling, and mentoring.

Six Partners Named 2016 Southern California Super Lawyers

Prior to being named Super Lawyers, Ms. Plessman and Mr. Camp, along with partners Douglas Dixon and Moez Kaba, repeatedly were named to Super Lawyers’ “Rising Stars” list of outstanding attorneys. Mr. Kaba also has been named to Super Lawyers’ Top 100 Up and Coming Lawyers list. Nearly half of Hueston Hennigan’s partners have been selected to be on a Super Lawyers top 100 attorneys list, and all told, over 25% of the attorneys at Hueston Hennigan, including associates Xinlin Li and Andrew Walsh, have been named either “Super Lawyers” or “Rising Stars” in the past year – Hueston Hennigan’s first year as a firm.

Super Lawyers magazine rates outstanding lawyers working in more than 70 practice areas who have attained significant peer recognition and professional achievement. Its annual selections are made using a process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

No more than 2.5 percent of the lawyers in the state are selected to receive this honor.