Comments from the Chair

• Pages: 6-7
• Date: 01 April 2025
• Published date: 01 April 2025
• Author: Keith J. Bergeron
• Subject Matter: Civil Law

Published in The Construction Lawyer Volume 44, Number 2, ©2025 by the American Bar Association. Reproduced with

permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any

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Forum on Construction Law The Construction Lawyer Spring 2025

6

COMMENTS FROM THE CHAIR

By Keith J. Bergeron

Keith J. Bergeron is a partner at Deutsch Kerrigan, LLP, New Orleans, Louisiana.

“The value of learning multiplies when we share what we learn with others. ”—Simon Sinek

Do you remember when you made your rst objection in court? Recall the butteries in your stomach

when you rose from your chair at counsel’s table? Remember thinking to yourself, “Why didn’t the

judge sustain it?” All of us privileged to represent a client during a trial can remember the lessons that

we learned in the moment. Some of those lessons were worthy of taking back to the ofce and sharing.

Meanwhile, some of them your brain actively suppressed, and you just remembered them while reading

this column.

In mid-March this year, the Forum held its very popular, biennial Trial Academy in Dallas, Texas, where

seasoned construction litigators shared their lessons learned with very enthusiastic lawyer and expert

attendees. My firm sent two of our younger partners to the last academy and their stories consumed many

a lunch hour. Given scheduling conflicts, faculty members routinely rotate on and off. During one of our

planning calls, I was asked to join as a rookie faculty member. I answered affirmatively, but only after

learning that my rookie class included Allen Estes, Arlan Lewis, and Lu Prats. A fleeting thought crossed

my mind that selfishly, just maybe, I may learn a thing or two from these litigators.

About six weeks before the Academy began, I received the case materials that strikingly resembled a

similar fact pattern that occupied a place on my desk for several years. One weekend I dove into the

voluminous materials because our co-chairs assigned me the mock direct examination of a fact witness

and salivating, ready to conduct a vicious cross-examination was my friend, Arlan. Knowing that one of

your friends in the Forum sits in the opposing counsel chair will motivate even the busiest construction

litigator to ensure that the encounter teaches the students the “ins and outs” of preparing for direct

examination.

Eventually, we arrived in Dallas and walked through the expectations for the faculty and planning

committee. As is typical for all Forum meetings, we met the attendees at a cocktail party. The enthusiasm

sprinkled with trepidation consumed many a conversation. The following day after eating breakfast

and getting through security at the courthouse, the real learning began. I took more notes and read

more of the case materials with each passing moment. I listened and observed each of the students and

from time to time offered support and constructive criticism. Nuggets of wisdom flowed freely. Each

attendee believed in the process realizing the opportunity given them to practice and try new things. The

opportunity was not lost on me as I learned why the First Lady of the Forum, my wife, Tracy, continues

year after year to educate her students. Looking back at the performances from day one to after the mock

trials revealed how much the participants had grown in confidence and skill. Like a proud parent, it was

extremely difficult to craft the jury award. Everyone earned and deserved their time in the spotlight of

trial.

The Forum truly does live its mission to build the best construction lawyers. The Trial Academy is living