I will always remember OACDL’s 2020 DUI seminar. Near the end of the first day of the three-day event, Ohio’s governor banned gatherings of 100 or more people. Our gathering had more than 100 people. As the president of the organization, I had the responsibility of informing those 100+ people the next two seminar days were cancelled. It was not a popular decision. It’s better to make decisions on principle rather than popularity. The attendees will ultimately receive the remaining two days of continuing legal education, and I expect they will also realize the cancellation decision was correct.
How to improve litigation skills which lead to more acquittals (not guilty verdicts) in DUI/OVI cases can be a mystery. That’s why there are organizations like the National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL). Those organizations co-host an annual DUI defense seminar in Las Vegas, and the theme of this year’s seminar was “Solving The Mystery of DUI Acquittals”. I attended the seminar, as I have for over 15 years, and took away valuable insights.
It turns out the criminal defense lawyers were not the only group gathering in Myrtle Beach. It was bike week. Harley Davidson bike week to be precise. Thousands of bikers rolled in to cruise the strip, and a small percentage participated in drag racing, drunk driving and disorderly conduct. While some people were in the tourist town breaking the law, others were there learning about the law. I was in the latter group.
The modern version of the OACDL annual DUI/OVI seminar began in 2002. That means this year we celebrate the 18th birthday of the seminar. I have attended every year, I have participated for many years, and I have been the co-chair for the past few years. Just like parents say about their children, I can’t believe it has been 18 years. Like a proud parent, I think this seminar has matured to be one of the best DUI seminars in the country. This year’s agenda featured too many speakers to name and too many presentations to summarize, but this article covers some of the highlights.
I have attended this DUI seminar in Vegas annually for about 15 years. One might think it would grow stale. It doesn’t. While the co-sponsors of the seminar are the same each year, the National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL), there are always different speakers and themes. This year’s theme was ‘Grand Slam Defenses’.
Myrtle Beach, for the second year in-a-row, was the site for a seminar and retreat for the Ohio Association of Criminal Defense Lawyers (OACDL). I intended to go last year, but the timing didn’t work with my schedule. When it came up again this year, I made the event a priority on my calendar. I’m so glad I did. The unique seminar format, the interesting topics and the camaraderie made for a great experience.
I have been attending this DUI / OVI seminar since its modern inception in 2002. For five years before that, I practiced all varieties of criminal defense, with a focus on serious felonies. I didn’t think OVI defense was as complex as cases like murder, robbery and burglary. The seminar in 2002 showed me I was wrong. Shortly after that seminar, I decided to make OVI the focus of my practice. Fast forward 16 years, and I co-chaired this year’s two-day seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL). I was primarily responsible for the first day, which means my job was to introduce the speakers without drooling or stuttering.
Lawyers disagree on what part of a trial is the most important. Some lawyers say the closing argument is the most important part because that’s when we tie everything together and persuade. Others say the closing doesn’t matter much: trials are lost or won during jury selection. Still others say the most critical phase of a trial is cross-examination.
In his book Good To Great, Jim Collins discusses ‘the hedgehog concept’. The concept is essentially this: although the fox is a cunning predator, the hedgehog always defeats the fox because the hedgehog focuses on doing one thing well – it rolls into a ball of spiky quills the fox cannot penetrate. The hedgehog concept applies to practicing law: focusing on one narrow area of law and doing it well leads to expertise and effectiveness. In the narrow area of DUI/OVI defense, one great way to learn is attending advanced level seminars like the summer session of the National College for DUI Defense (NCDD).
Lawyers sometimes learn through trial and error; literally. Education at the school of hard knocks can be valuable, but learning from the experience of others has its own value. One way attorneys can shorten the learning curve is by attending high quality continuing education seminars. One outstanding annual seminar for DUI/OVI lawyers is ‘The Premiere Ohio DUI Defense Seminar’ sponsored by the Ohio Association of Criminal Defense Lawyers (OACDL).