Practical Advice: Basic Strategies for a Bench Trial

A pre-recorded streaming VIDEO replay of the August 2023 webcast, Practical Advice: Basic Strategies for a Bench Trial.

When trying a case, preparing for the trier of fact can be just as important as preparing the facts of the case. Don’t make the mistake of approaching a bench trial in the same way as you would a jury trial. In this comprehensive and practical course, our experienced faculty guide you through the essential strategies and techniques to present your case effectively and persuasively in front of a judge.

• Factors that can influence the decision for a jury or bench trial: statutes, court rules, jury instructions
• Rules of evidence: how hearsay and impeachment rules might make a bench trial better (or worse) for your client
• Financial considerations of a bench trial instead of a jury trial
• Stipulations in bench trials
• Expert witnesses in bench trials
• Reasons why a bench trial can create a better record on appeal
• Ethical considerations of forum selection

Faculty

Hon. Brendan U. Dunning, Halifax Juvenile and Domestic Relations District Court / Halifax

The Honorable Brendan U. Dunning is a Juvenile and Domestic Relations Court Judge in the 10th Circuit of Virginia. Previously, he served as an Assistant Commonwealth’s Attorney and Regional Drug Prosecutor in Halifax County.  After prosecuting, he worked in private practice concentrating on civil litigation and criminal defense. He also served as the Commissioner of Accounts of Halifax County.

Todd M. Shockley, Assistant Attorney General / Charlottesville

Todd Shockley prosecuted his first drug distribution case as a third-year law student intern with the Campbell County Commonwealth’s Attorney’s Office, where he successfully tried the case to a jury. Soon after that sortie, he graduated from Liberty University School of Law and began to cut his teeth—and occasionally his thumb—working with the Commonwealth’s Attorney’s Office in Halifax, where he prosecuted all species of crimes and honed the necessary skills to present drug distribution cases for the government. He worked with the Halifax team until 2017 when he joined the Fluvanna Commonwealth’s Attorney’s Office, where he served as an ACA focusing on cases involving child abuse, sexual assaults, domestic violence, and drug distribution. He was selected to serve as a Special Assistant United States Attorney in the Western District of Virginia.

After leaving the Fluvanna office, Mr. Shockley ventured into private practice to try his hand at criminal defense, family law, and sundry civil matters. His time as an ACA gave him a keen eye for spotting and raising constitutional and procedural issues while also maintaining amicable relations with the prosecution teams throughout the courts he served in central Virginia.

While he enjoyed the thrills of private practice, Mr. Shockley and his wife decided it was time to head home and relocated to Charlottesville where he took a position with the Virginia Attorney General’s Office in 2022. There he is tasked with litigating civil rights violations across the Commonwealth with a focus on enforcing fair housing laws and the newly enacted police misconduct statute.