Trials of the Centuries: Landmark Cases

Registration for this program is not complete until you register with our CLE partner's Zoom webinar platform. A link to complete this registration will be emailed to you directly. All course materials and Zoom log-in information will be sent by our partner, Comedian of Law.

This class will remind the lawyer of the true essence of being an attorney. We go back in time to review the most significant, precedent-setting, culturally impacting cases over the last several millennia. We look at the trial strategies, the issues involved, the outcomes, and how those cases can make you a better lawyer today.

AGENDA: 

9:50 AM – 10:00 AM

Introduction

10:00 AM – 11:00 AM (60 minutes)

Trials of Socrates

While the trial of Socrates happened well before the advent of Instagram, and the tweets from that time period are somewhat limited, the impact on the legal system was and continues to be significant. Socrates was on trial for corrupting the minds of the youth and impiety. Ironically, most youth think the world revolves around them. This trial significantly impacted the law to this day. In this class, we will learn the importance of public trials, trials by jury, academic freedom, and freedom of thought.
This class will prove one thing – the more things change, the more they stay the same.

Topics Covered:

• Socrates Trial
  • Charges
    • Asebeia against Athens
    • Corruption of the youth
  • The evidence
  • The testimony
  • The jury
  • The verdict
• Lasting Legacy
  • Separation of church and state
  • Academic freedom
  • Freedom of thought
  • Jury trials

11:00 AM – 11:05 AM

Break

11:05 AM – 12:05 PM (60 minutes)

Marbury v. Madison and the Judicial Power Grab

President Adams, in one of his last official acts, appointed William Marbury as a justice of the peace. The Senate confirmed it, but the appointment wasn’t delivered. President Jefferson refused to do so, and Marbury sued the new Secretary of State, James Madison. A young nation’s laws hung in the balance.
This class examines the arguments, strategies, and long-term impact of this landmark case.

Topics Covered:

• Facts of Marbury v. Madison
• The Players:
  • Chief Justice John Marshall
  • James Markham Marshall
  • President Adams
  • President Jefferson
  • James Madison
  • William Marbury
• Court Packing with Anti-Jeffersonians
• Judiciary Act of 1789 and Right to Mandamus:
  • Right to mandamus
  • Judiciary Act of 1789, Section 13
  • Article III, Section 2, Clause 2 of the U.S. Constitution
• The Decision:
  • Did Marbury state a claim?
  • Was there a remedy?
  • Could the Supreme Court legally issue it?
• Judicial Review:
  • Federalist Papers
  • Other approaches
• Minority Report
• Legacy of Marbury v. Madison

12:05 PM – 12:10 PM

Break

12:10 PM – 1:10 PM (60 minutes)

Leopold and Loeb – Defending the Imperfect Crime

Two wealthy students kidnapped and murdered 14-year-old Bobby Franks. Despite their plan for the "perfect crime," a pair of eyeglasses led to their capture. Clarence Darrow’s closing argument saved them from the death penalty.
This class explores how masterful closing arguments are crafted.

Topics Covered:

• Facts of State v. Leopold and Loeb
• The Players:
  • Nathan Freudenthal Leopold, Jr.
  • Richard Albert Loeb
  • Bobby Franks
  • Clarence Darrow
• The Investigation
• The Trial
• Strategy to Not Plead Insanity
• Case to the Court
• Closing Argument and the Verdict
• Supreme Court Cases on Capital Punishment:
  • Wilkerson v. Utah
  • In re Kemmier
  • Hall v. Florida
  • Glossip v. Gross
  • Hurst v. Florida
  • Madison v. Alabama
  • Bucklew v. Precythe

1:10 PM – 1:30 PM

Lunch

1:30 PM – 2:30 PM (60 minutes, Ethics)

Scopes Monkey Trial: The Ethics of Litigating Counter-Cultural Cases

A high school teacher was indicted for teaching evolution. The entire nation tuned in to WGN’s live broadcast. Clarence Darrow famously cross-examined William Jennings Bryan.
This class analyzes ethics in litigating controversial cases and the legacy of the Scopes Trial.

ABA Model Rules Reviewed:

• Rule 1.1 – Competency
• Rule 1.4 – Communications
• Rule 1.7 – Conflict of Interests
• Rule 3.3 – Candor
• Rule 3.6 – Trial Publicity
• Rule 3.7 – Lawyer as Witness
• Rule 7.3 – Solicitation of Clients

Topics Covered:

• Butler Act
• Set-up Lawsuit and Solicitation of Clients
• The Problem – No One Taught Evolution (Rule 3.3?)
• The Main Players:
  • Clarence Darrow
  • William Jennings Bryan
• The Indictment
• Media Coverage – WGN
• Bryan on the Stand – Rule 3.7 Issues
• Verdict and Appeal
• Ethical Violations and Aftermath:
  • Lying to the court
  • Conflict of interest
  • Decisions contrary to client interests
  • Third-party payments
  • Competency and tips

2:30 PM – 2:35 PM

Break

2:35 PM – 3:35 PM (60 minutes)

State v. OJ Simpson

White Ford Bronco. Gloves. Media frenzy. This case redefined courtroom publicity and legal strategy.
This class reviews the case’s litigation and impact on the legal system.

Topics Covered:

• Facts of People v. Orenthal James Simpson
• The Players:
  • O.J. Simpson
  • Al Cowlings
  • Robert Shapiro
  • Johnnie Cochran
  • F. Lee Bailey
  • Alan Dershowitz
  • Robert Kardashian
  • Marcia Clark
  • Christopher Darden
  • Mark Fuhrman
  • Judge Lance Ito
• Marital Abuse
• The Murders
• The Arrest
• Timeline
• Preliminary Hearing
• Trial
• Jury Pool
• Prosecution’s Theory
• Defense Case
• DNA Evidence
• Verdict and Legacy

3:35 PM – 3:40 PM

Break

3:40 PM – 4:40 PM (60 minutes, Ethics)

Darwinian Awards (Ethics)

Learn from the ethical blunders of other lawyers, from resume lies to courtroom chest bumps and fake dating profiles.
Charles Darwin said only the fittest survive—so don’t be these lawyers.

Model Rules Reviewed:
1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.15, 3.3, 3.5, 3.6, 4.1, 7.1, 7.3, 8.3, 8.4

Darwinian Award Categories:

• Stumbling out of the Gate – In re Nadler (resume lies)
• Wrong Profession (Try MMA?) – In re Cherkasky
• Best Client Story – Tom Griffith
• Acting Like a Toddler – In re Baker
• Impersonating Dr. Who – (College admissions case)
• Mishandling Client’s Money – In re Hartly
• Judicial Jealousy – In re Michael Peterson
• Getting Too Excited – In re Felix Anthony Dejean IV
• Creativity in Argument – Pi-Net Int’l Inc. v. JPMorgan Chase
• Handling Opposing Counsel – In re Quitschau
• Poor Client Relations – In re Benbow

4:40 PM

The End

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Speaker Joel Oster, Comedian of Law

Please note that CLE programs co-hosted with Comedian of Law do not qualify for any discounts.

For questions: Contact the CLE Department at 502-583-5314 x 108.
Cancelations: Must be received by LBA at least 24 hours in advance for a refund (minus a processing fee). Substitutes allowed (except special events). 
Technology issues: User error does not qualify for a refund.

This is a LIVE program. Recordings are NOT included with registration. Separate fees apply for accessing past recordings through the LBA On-Demand Catalog. Please note: Live and on-demand CLE programs have different KBA accreditation requirements.