Wednesday, May 11, 2011

Hon. Debbie O’Dell Seneca, President Judge of the Washington County CCP


President Judge Debbie O’Dell Seneca, a former plaintiff’s attorney, has served on the bench in Washington County for 20 years, and has been president judge since 2007. I sat down with “the P.J.,” as she is known in our county, to talk about advice she would give to both experienced and newer lawyers on trial practice.
Laura Phillips: What do you think is the most important part of a trial and why?
President Judge Debbie O’Dell Seneca: I don’t think that I would say that there is one part of a trial that is more important than another. I will tell you, though:

1.     If the jury doesn’t like your client, you’re not going to win no matter how good your case is. Make sure your client is dressed appropriately, looks pleasant, and that their own lawyer likes them. If those don’t exist, the jury will pick up on it.
2.    If you have a case where the issue is a cervical sprain, and your client is sitting there for three days looking bored and not engaged, the jury will think nothing is wrong with them.
3.    First impressions are very important.
4.    Juries get irritated when lawyers ask the same question over and over again. I’m seeing more and more sophisticated and educated jurors, and they will get angry if you don’t respect their time.
5.    It hurts the case if lawyers put several audio or video depositions  back to back. It just bores the jury.
At a time when many courts are facing budget crises and growing dockets, what can the trial bar do to help the courts work more efficiently?
Settle their cases. “Settlement” is the best word in the English language. I like to talk to people and ask them how much they think it will cost to try the case, especially in the face of the great chance of a zero verdict. Obviously, when there is no offer in a big damages case, we’re willing to try them or to help facilitate settlement.
What advice do you give to young trial lawyers beginning their careers?

1.   Make sure that your pleadings are accurate, and that you don’t misstate the facts.
2.   Always be honest with the court. If you make a mistake, admit it. The court will work with you to correct it.
3.   If it appears that you have lied to the court, your credibility will be looked at with jaundice thereafter.
4.   Find out who the good, statesmen-like trial lawyers are in your area and go watch them.
How can young trial lawyers establish relationships with judges in an ethical way?
First and foremost, always when you approach the court in any fashion, come up to the podium and greet the judge, and introduce yourself and your clients. And be respectful of the court. Then when you see the judge socially at a bar association function, go say hello. Bar functions are a good place to establish a connection.
Any last words of advice?
The old saying in real estate is that it always comes back to location, location, location. With trial work it is preparation, preparation, preparation.
Sustaining Member Laura Philips is an associate with Phillips and Faldowski, P.C., located in Washington, PA. She is Second Vice-Chair of the Future Leaders Section.

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