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1. Developing Case Strategy Through Preparation
2. Dealing With Insurance Coverage Issues
3. Lien Considerations in Regard to Personal Injury Cases
4. Personal Injury Litigation Versus the Use of ADR Techniques: Pros and Cons
5. Trial of the Case
6. Ethical Considerations

1. DEVELOPING CASE STRATEGY THROUGH PREPARATION
   9:00 - 10:00, Chris A. Averitt, Robert B. Buckalew and William C. Frye
   1. Introduction
   2. Initial Considerations for the Plaintiff and Defendant
   3. Thorough Case Investigation Techniques
   4. Things to Consider When Evaluating the Issue of Liability
   5. Evaluating Damages in a Personal Injury Case
   6. Damages for Wrongful Death and Loss of Life
   7. Pleadings in the Auto Accident Case
   8. Plaintiff's Act 649 Pleadings in the Personal Injury Case
2. DEALING WITH INSURANCE COVERAGE ISSUES
   10:15 - 11:15, Chris A. Averitt, Robert B. Buckalew and William C. Frye
   1. Pre-Suit Problems Regarding Liability Insurance Verification
   2. Types of Auto Coverage
   3. Problems That Arise Following Suit
   4. Uninsured/Underinsured Coverage
   5. Statute of Limitations
3. LIEN CONSIDERATIONS IN REGARD TO PERSONAL INJURY CASES
   11:15 - 12:15, Chris A. Averitt, Robert B. Buckalew and William C. Frye
   1. Introduction
   2. Statutory Provisions for Medical Liens
   3. Establishing Attorney Liens
   Handling Subrogation
   1. Introduction
   2. Made Whole Doctrine
   3. Subrogation as it Applies to Third Party Settlements
   4. Subrogation as it Applies to Workers' Compensation
   5. Subrogation as it Applies to UM/UIM Coverage
   6. Subrogation as it Applies to ERISA
   7. Subrogation as it Applies to Government Entities
   8. Subrogation as it Applies to Medicare
   9. Subrogation as it Applies to Medicaid
   10. Other Subrogation Considerations
   11. Conclusion
4. PERSONAL INJURY LITIGATION VERSUS THE USE OF ADR TECHNIQUES: PROS AND CONS
   1:15 - 2:15, Chris A. Averitt, Robert B. Buckalew and William C. Frye
   1. Strategic Time for Discussing Settlement
   2. Determining When to Use ADR Techniques
   3. The Mediation Process
      1. Introduction
      2. What is Mediation
      3. When to Consider Mediation
      4. Settlement Authority
      5. Involuntary or Court Ordered Mediation
      6. Voluntary Mediation
      7. Notice of Mediation
      8. Effective Mediation Preparation
      9. Results of Focus Groups/Mock Trials
      10. Stages in the Mediation Process
      11. Bringing the Mediation Process to a Successful Conclusion
   4. The Arbitration Process
      1. Introduction
      2. Varieties of Arbitration
      3. Lawyers' and Clients' Attitudes About Arbitration
      4. When to Consider Arbitration
      5. General Features of Arbitration
      6. Presentation of Evidence
      7. Use of Demonstrative Exhibits to Enhance the Award
      8. Effective Presentation of Demonstrative Evidence
      9. Preparing Exhibits
      10. Bringing the Arbitration Process to a Conclusion
      11. Conclusion
   5. Concluding a Settlement
5. TRIAL OF THE CASE
   2:30 - 3:30, Chris A. Averitt, Robert B. Buckalew and William C. Frye
   1. Introduction
   2. Thorough Preparation
   3. Choose Your Trial Methods: Jury or Non-Jury?
   4. Jury Consultants
   5. Depositions
   6. Pretrial Motions and Offers of Judgment
   7. Preparing Exhibits
   8. Voir Dire of Jury Panel
   9. Opening Statements
   10. Direct Examination
   11. The Use of Expert Witnesses
   12. Effective Use of Demonstrative Evidence
   13. Demonstrating the Impact of Injuries
   14. Prepare for the Unknown During Cross-Examination
   15. Closing Arguments
   16. Post-Trial
6. ETHICAL CONSIDERATIONS
   3:30 - 4:30, Chris A. Averitt, Robert B. Buckalew and William C. Frye
   1. Following the Rules of Professional Conduct
   2. Maintaining Confidentiality
   3. Avoiding Conflicts of Interest
   4. Pitfalls to Avoid When Representing Multiple Claims
   5. Declining or Terminating Representation
   6. Contacts With Persons Other Than Clients
   7. Settling the Question of Legal Fees
   8. Avoiding Legal Malpractice in Personal Injury Actions
   9. Our Tarnished Image as a Profession

CHRIS A. AVERITT is a partner of Scholtens and Averitt, PLC, where he practices primarily in the areas of civil litigation and appellate practice. Mr. Averitt's areas of practice include personal injury, product liability, commercial litigation, insurance defense and class action litigation. He represents both plaintiffs and defendants in his practice. Mr. Averitt is licensed to practice law in Arkansas state courts, the U.S. District Court for the Eastern and Western Districts of Arkansas, U.S. Court of Appeals for the 8th Circuit and the Supreme Court of the United States of America. He has been lead or associate counsel on numerous cases wherein his clients were awarded in excess of one million dollars. Mr. Averitt earned his B.A. degree, cum laude, with distinction, from Hendrix College. He earned his J.D. degree, summa cum laude, from the University of Arkansas School of Law where he served as the executive editor for the Arkansas Law Review and was a member of the Board of Advocates. Mr. Averitt also served as a member of the National Moot Court Team which advanced from the regionals in St. Louis to the finals in New York City for only the second time in school history. He is a member of the Craighead County and Arkansas bar associations, and the Arkansas Trial Lawyers Association.

ROBERT B. BUCKALEW is a sole practitioner in Little Rock where he has practiced in the area of personal injury since 1979. He has dealt with such issues as automobile accidents, products liability, the Jones Act, industrial accidents and workers' compensation. Mr. Buckalew earned his undergraduate degree from Hendrix College and his law degree from the University of Arkansas at Little Rock School of Law. He is licensed to practice in Arkansas and Missouri. Mr. Buckalew is a member of the Arkansas Trial Lawyers Association.

WILLIAM C. FRYE is president of The Frye Law Firm, in North Little Rock, where he has been devoting his practice to workers' compensation, personal injury and general insurance defense for more than 23 years. Mr. Frye earned both his B.A. degree, cum laude, and his J.D. degree from the University of Arkansas at Fayetteville. He is a member of the Pulaski County, Arkansas (former chair, Workers' Compensation Law Section) and American bar associations and the Defense Research Institute.

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