The E. David Woycik, Jr. Intensive Trial Techniques Program
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Students learn the essential aspects of courtroom litigation, including opening statements; summation; direct and cross examination; documentary evidence and expert testimony. The critical skills of settlement negotiation are introduced, as is the essential pretrial discovery technique of the deposition. Over the course of the 10-day program, students conduct both a bench trial and a jury trial, and the students' performances are individually reviewed by experienced attorney/teachers and by professional actors.
The program is based upon the proven intensive methodology initially developed by the National Institute for Trial Advocacy (NITA) for practicing lawyers. This course is given on 10 consecutive days in January. Attendance is required and is taken daily. The program is open to second- and third-year students who have completed the basic course in Evidence.
In 2005, Hofstra Law School renamed its Trial Techniques Program THE E. DAVID WOYCIK, JR. INTENSIVE TRIAL TECHNIQUES PROGRAM in appreciation for his outstanding contributions to Hofstra, his achievements in the legal field and to his many charitable endeavors.
Upon his graduation in 1979, David began his legal career as an assistant district attorney in Suffolk County. He was appointed as a special U.S. attorney for New Jersey in 2003. Mr. Woycik is a partner in the law firm of Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., located in Mineola, New York, specializing in personal injury, construction, highway design and toxic tort cases. David has distinguished himself as a guest lecturer for the New York State Bar Association, Nassau County Bar Association and the American Trial Lawyers Association. He has obtained numerous million dollar verdicts and settlements for his clients throughout all of the courts in the New York metropolitan area. Mr. Woycik is also a colonel, U.S. Army Reserves, Judge Advocate General Corps., and served overseas in Desert Storm and Operation Enduring Freedom in the War against Terrorism. He was awarded the Bronze Star and Meritorious Service Ribbon for his service.
David was recognized as Hofstra University Alumnus of the Year in 1998, as well as receiving the Law School's Distinguished Alumnus Award in 2005.
The trial problems start with opening statements, so that students are first exposed to the fundamental problems of identifying and effectively communicating a case theory to a jury. After exploring the elements of an effective opening statement, students are trained in basic negotiation theory and aided in developing the planning skills essential to successful negotiating. Students then practice these skills by negotiating both a simple and a complex case.
Each student is then asked to focus on the core skill of trial advocacy -- witness examination. Students conduct direct and cross examinations. To be successful, students must learn to develop a theory of the particular examination, decide on an appropriate approach to bring out the facts consistent with the theory, prepare the witness and, only then, conduct the examination. Students must also anticipate evidentiary objections and defend their positions when objections are made by others in the class, or by the instructor.
After practicing simple direct, cross and redirect examinations, students then prepare and demonstrate problems which require laying a foundation and introducing into evidence various types of exhibit material, including documents, photographs, X-rays, maps, charts, reports and physical objects. Further problems require students to prepare and conduct closing statements.
Once proficiency is established in basic techniques of examination, the problems become quite complex, requiring intensive preparation. Substantial evidentiary issues are built into each problem to develop the student's proficiency in making and defending against objections.
The E. David Woycik, Jr. Intensive Trial Techniques Program also includes an important component on examinations before trial (depositions), in which students learn the basic skills of deposition preparation and execution. Special strategy sessions are conducted to prepare each side for its deposition. To emphasize the critical role of pretrial discovery in the litigation process, students' depositions are not a purely academic exercise. After the deposition, that very witness will testify in a bench trial to be conducted by the same students that took the deposition. During the bench trials, the cross-examining attorney relies on the information elicited during the deposition. In this simulation of the real world of trial law, "If you don't find out about it pretrial, you won't know it during the trial."
A typical day begins at 9 a.m. with the class divided into four sections. The students perform the assigned problems and are critiqued by the Teaching Team. This leads to discussion among the Team members and the class. A coffee break comes at 10 a.m. or so. At about 10:30 a.m., the class is divided into small groups of 10 students for the purpose of student demonstration and critique of assigned problems by faculty and prominent trial lawyers and judges, the latter volunteering their services. Each student is required to prepare and demonstrate several problems per day. The student faculty ratio is usually 1:5.
Problem demonstration continues until lunchtime. After the lunch hour, the small groups reconvene for more individual demonstration and critique.
At about 5 p.m. the entire class convenes in the Siben and Siben Moot Court Room (shown above) to watch a demonstration of some aspect of the work assigned for the following day. These demonstrations are supplemented by lectures and films.
Each student is videotaped at least twice during the course of the program. Following a "live" critique, the student will watch his or her performance on a TV monitor and be critiqued on a one-on-one basis.
The first six working days are taken up with this type of problem solving -- a procedure we loosely term the "finger exercises." Thereafter, students will try a complete case to a judge sitting without a jury. Following these trials we return for more advanced exercises. When all problems are completed, the students are again divided into teams with two students on each team. Each team is assigned to try a full jury trial presided over by a sitting judge or prominent trial lawyer.