For the second time, the Monroe County Bar Association has selected Stephen G. Schwarz of Faraci Lange LLP, as its Raymond J. Pauley Award winner.

Schwarz is being honored for his outstanding contribution to the Bar Association’s continuing legal education process. Schwarz, previously recognized with the Pauley Award in 2004, was presented the 2010 award at the Monroe County Bar Association’s annual Installation Dinner.

Faraci Lange’s managing partner, Schwarz focuses his legal practice on personal injury and business litigation, including medical malpractice, serious auto accident cases, product liability, and toxic tort and environmental contamination cases in both state and federal courts.

Stephen Schwarz resides in the town of Fairport, N.Y.

5.  Techniques in Cross-Examination

Once you have plotted your strategy there are techniques that can be used to help you execute that strategy effectively. Below are a number of techniques to keep in mind.

 a.  The rule of probability in human behavior

For a truly effective cross examination the examiner must be knowledgeable and aware of common principles of human behavior. In a trial you will be called upon to instantly analyze and react to a witness’s use of a certain word, phrase, or obvious body language. The examiner’s questions test what the witness is saying against widely known common experiences. You do not have to have direct knowledge to ask the witness certain questions since common human experience provides us with a probable answer. More…

d.  Prior testimony, publications, website text

Except for medical malpractice cases in state court, you will know who the opposition’s expert is before the trial. In federal court you will also be provided with a listing of cases in which the expert has recently testified. There is almost always something useful you can find that was authored or testified about by the expert in the past.

In a recent state court medical malpractice case the expert disclosure provided sufficient information to fairly conclusively identify who the expert was. That expert had an extensive website advertising his expertise in the field and discussing the maladies he could treat. On that website were a number of statements that were helpful in emphasizing the seriousness of the damage sustained by the plaintiff. These statements were presented at trial to the expert, who had no choice but to agree with them as he authored each of them. More…

Suit against Spall Realty Corp. and two other companies went to trial June 7, 2010

A Monroe County Supreme Court jury awarded Neil and Patti Goldstein a verdict that totals $187,393.35 (including interest) against Spall Realty Corporation and Brookwood Building Corporation for causing a mold infestation of their home at the Settlers Green development in Pittsford, New York. The jury did not find that the TJI joists on which most of the mold grew were defective at the time they left the manufacturer. The court found that Spall and Brookwood were liable for the damages due to numerous construction defects proven at trial that made the basement wet and promoted the mold growth. The homeowners’ experts had also testified that because one particularly dangerous species of mold was discovered not only on the outside of the Weyerhaeuser TJI joists but also inside them, and also inside other TJI joists that were tested from other sources, that the mold must have been inside since the time of manufacture. However, the jury did not find sufficient proof to make that determination of when the mold entered the construction materials and therefore found in favor of Weyerhaeuser on this point. More…