Main content

Emory Law News Center

Students

Contentious new will leads to court battle

Lisa Ashmore |
2024 Kessler-Eidson Trial Techniques

When Alex Subbard at last lost his fight with Parkinson’s, his two children mourned. But when a heretofore unknown handwritten will surfaced, their grief turned to rage. It completely disinherited them and gave almost the entire estate to their father’s caretaker. Wait—what? Call my lawyer!

That’s the outline of a case Emory Law 2L students battled over for a week in May. Thankfully, it’s fiction. The week after final exams, 2Ls take over the law school to learn what it takes to win at trial, via the Kessler-Eidson Trial Techniques Program (KEPTT). Half of the students represent the children, and the other half, the estate. The 2Ls learn from professionals from around the country who litigate and adjudicate for a living. There were more than 100 volunteer faculty this year, including law school professors, state and federal judges, public interest lawyers, prosecutors and public defenders, and attorneys ranging from AM LAW 100 partner to solo practitioners.

“What they have in common is their enthusiasm for teaching the students—paying forward what they have learned through their years of practice,” said KEPTT’s Director Michael Ginsberg. “What it brings to the students is the opportunity to develop critical thinking and presentation skills in a supportive environment. They’re led by a dedicated faculty, many of whom are Emory alums and have their own fond memories of Trial Techniques.” (The program was founded in 1982.)

KEPTT is required for Emory Law students to graduate and is the largest such program in the country. It’s an accelerated version of a real trial including jury selection, direct and cross examination, and closing arguments. Students also conduct Daubert motion hearings on the admissibility of expert testimony, where a judge decides whether the jury will hear evidence concerning critical issues, such as undue influence.

“They have the opportunity to work with actual forensic psychiatrists and psychologists to understand the medical aspects of testamentary capacity,” Ginsberg said. “They spent most of one day doing direct and cross-examinations of those witnesses.”

KEPTT is modeled on the National Institute for Trial Advocacy's program for teaching practicing lawyers. It ends in a trial held before a jury of local high school students and undergrad mock trial team.

"There's nothing like the buzz of energy that accompanies the May session,” Ginsberg said.

The foundation of the program is four workshops starting in January held at Atlanta law firms and public attorney offices. The goal is to make doctrinal knowledge come alive by doing. During the week, every student will have both a Daubert hearing and a jury trial.

“The Kessler-Eidson Program for Trial Techniques is unique because it involves the entire class—it's not an elective course,” Ginsberg said. “That the course is mandatory reflects our faculty’s belief in how important it is for students to develop these skills, no matter their future career paths. The skills we teach in Trial Techniques are transferrable to ​all areas of practice and life."

Thanks to Emory alumni, who made up roughly half of this year’s faculty: Diamond Alexander 21L, Al Amado 86L, Chris Amolsch 97L, Lynsey Barron 09L, Christopher Bly 99C 02L, Natanya Brooks 13L, Chelsea Champion 18L, Rhani Lott Choi 10L, David Cohen 94L, Daniel Conner 09L, Lawrence Cooper 80L, Amos Davis 10T 10L, Rick Duarte 10L, Veronica Finkelstein 04L, Will Fowler 19L, Michael Francisco 20L, Steven Grimberg 98L, Matthew Grossman 13L, Drew Healy 13L, Robert Herzfeld Jr. 98L, Jeanette Holmes 13L, Kurt Kastorf 02C 06L, Erica Kivitz 14L, Christopher Lambden 19L, David Lyles 98L, Elizabeth Markowitz 90L, Michelle McIntyre 18L, Ruth Rocker McMullin 00L, Joe Newman 73L, Craig Nydick 10L, Hannah  Palmquist 12L, Peter Pasciucco 10L, Balean Reid 21L, Claudia Saari 87L, James Scharf 86L, Jamie Schickler 13L, Melissa Softness 12L, Bradley Solomon 88L, Erin Spritzer 12L, Cynthia Stephens 76L, Meg Strickler 97L, Lauren Thrasher 15L, Bruce Udolf 79L, Sanford Wallack 94L, Leigh Ann Webster 05x 07C, Harry Winograd 83L, Steve Wood 84L, and Will Wooten 13L.


Tags