Civil Litigation: From discovery to closing arguments

James M. Susag | Larkin Hoffman

James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes.

Representative Experience

Franchise Litigation and Arbitration

Jim represents franchise and dealer clients across various industries including food and beverage, retail, leisure and fitness, health care, hospitality and commercial and consumer services. His experience spans disputes relating to claims of violation of state franchise or dealership laws, trademark infringement, breach of contract, system-standards enforcement, consumer class actions, post-termination rights, disclosure and registration issues, fraud claims, vicarious liability, independent contractor misclassification and joint employment issues.

Real Estate Litigation

Land owners, developers, buyers, sellers, lenders, contractors and brokers rely on Jim to defend their property in all types of real estate disputes, including purchase and sale agreements, commercial and residential leases, construction contracts, mechanic’s liens, commercial and residential construction and design defects, title claims, premises liability, boundaries and easements, valuation, zoning, land use and governmental approvals.

Business Litigation

Jim handles complex commercial disputes involving contract interpretation and enforcement, unlawful business practices, civil fraud and unfair competition. He also represents clients in disputes among owners of closely-held businesses.

I. Discovery | 12:00pm – 12:15pm

1. Common Tactics and Mistakes to Avoid

II. Motion Practice | 12:15pm – 12:30pm

1. What Information the Judge Needs to Make a Ruling
2. Tips for Successful Motion Practice
3. Enhancing Oral Arguments
4. Practical Tips for Remote Hearings

III. Pre-Trial | 12:30pm – 12:45pm

1. Utilizing the Pre-Trial Order

IV. Jury Selection and Voir Dire | 12:45pm – 1:00pm

1. Introducing Your Case During Jury Selection
2. Peremptory and For Cause Challenge Tactics
3. “Challenges for Cause” in the Jury Selection Process

Break | 1:00pm – 1:10pm

V. Effective Opening Statements | 1:10pm – 1:25pm

1. Maximizing the Impact of Opening Statements

VI. Direct and Cross Examination Techniques | 1:25pm – 1:40pm

1. Preparation Tips for Direct Examination
2. Persuasive Witness Testimony
3. Finding the Right Tone and Demeanor

VII. How to Cross-Examine a Tough Expert | 1:40pm – 1:55pm

VIII. Creating and Delivering Closing Arguments | 1:55pm – 2:10pm

1. What to Include
2. Length and Style Tactics
3. Use of Pace and Voice Inflection to Emphasize Key Elements
4. Addressing Weak Points in Your Case
5. Cleary Asking for What You Want