A View from the Bench

Episode 6 - What Can Win or Lose Your Case at Trial

Washington, D.C. partner George Hazel and Houston partner Gregg Costa draw on their experience as both trial lawyers and judges to share their perspectives on what can help to win — or lose — a case at trial. In a lively exchange that includes substantial agreement as well as some notable differences of opinion, George and Gregg consider the relative importance of opening and closing arguments, expert testimony, jury selection, cross-examination, the presentation of a defense, the use of visuals, and — in what has become an increasingly rare event — the testimony of the defendant. Their discussion is interspersed with numerous examples from cases they tried or presided over.

Episode 5 - Evidentiary Rules with (Ret.) Judge Paul Grimm

Washington, D.C. partner George Hazel and Houston partner Gregg Costa, both former judges, are joined by the Hon. Paul Grimm, a former trial lawyer and judge in the U.S. District Court in Maryland who left the bench in 2022. Judge Grimm is now a professor of law and director of the Bolch Judicial Institute at Duke Law School. He writes extensively and lectures on the topics of evidence and discovery. The three former judges have a lively discussion about their expectations regarding trial lawyers' knowledge of evidentiary rules and how it has been affected by less frequent trials; examine how district judges must balance their analytical examination of evidentiary rules without disrupting proceedings; and consider the new challenges for judges and trial lawyers arising from artificial intelligence applications, including deepfakes.

Episode 4 - Sentencing with (Ret.) Judge Nancy Gertner

Washington, D.C. partner George Hazel and Houston partner Gregg Costa, both former judges, are joined by the Hon. Nancy Gertner, who in 1994 was appointed by President Clinton to the U.S. District Court in Massachusetts, where she served until retiring in 2011 to teach at Harvard Law School. Judge Gertner is the author of several books, including her autobiography, In Defense of Women: Memoirs of an Unrepentant Advocate, and Incomplete Sentences, about the men she sentenced during her years as a federal judge. She is also the recipient of numerous awards, among them the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which she received in 2008—only the second woman to do so (Justice Ruth Bader Ginsburg was the first). She also currently serves as an on-air legal commentator for MSNBC and CNN. The three former judges engage in a far-ranging discussion about sentencing guidelines and the issue of sentencing considerations, including "uncharged conduct" and "acquitted conduct"; mitigating versus aggravating circumstances; age, trauma, addiction, adverse family circumstances, and other distinguishing characteristics; plea deals; and the importance of individual stories.

Episode 3 - The Future of Civil Jury Trials with (Ret.) Judge Mark Drummond

Washington, D.C. partner George Hazel and Houston partner Gregg Costa, both former judges, are joined by retired Judge Mark A. Drummond, a former trial lawyer who subsequently served as a judge for 20 years. Judge Drummond is now the program director for the National Institute for Trial Advocacy, where he trains lawyers on the most effective ways to present evidence to juries; he also serves as judicial director of the Civil Jury Project at the NYU School of Law. The three former judges discuss the value of civil jury trials, and describe and debate several innovations that are being introduced to civil jury trials, such as jurors asking questions, lawyers providing daily summations, expert witnesses testifying back-to-back, jurors discussing evidence before deliberation, and judges limiting the length of trials.

Episode 2 - Appellate Advocacy with (Ret.) Judge Andre Davis

Washington, D.C. partner George Hazel and Houston partner Gregg Costa, both former federal judges, are joined by retired Judge Andre Davis, a former federal prosecutor, state judge, and federal judge who left the bench in 2017 to serve as Baltimore's City Solicitor for almost three years. Judge Davis describes how his experience as a trial judge – which he calls the "best job in America" – informed his time as a federal appellate judge; and all three former judges discuss issues such as the maximum number of motions to raise on appeal and how many of those to include in oral arguments, the importance of well-written, persuasive briefs, and the value of oral arguments, which are often a judge's first glimpse into their colleagues' views. Judge Davis also shares what motivated his transition from the bench to Baltimore City Solicitor, which included the opportunity to mentor inexperienced lawyers, hire a new police commissioner, and make much-needed police reforms.