Joel Oster, Esq.

Attorney

Biography

Joel is a litigator and national speaker to attorneys. He currently is in private practice specializing in attorney ethics, including implicit bias elimination and competency. Being the host of the podcast, DeBriefing the Law, Joel regularly speaks on attorney ethics nationwide on issues relating to attorneys reaching their full potential in the practice of law. Joel has spoken at numerous bench and bar conferences and as well as other specialized attorney conferences.

Joel was counsel for the Town of Greece, New York in the landmark case Galloway v. Greece. Joel argued the case before the United States District Court for the Western District of New York and the Second Circuit, and was part of the legal team presenting the case to the U.S. Supreme Court where they successfully defended the Town against a challenge to its practice of opening its sessions with an invocation.

Oster regularly litigates First Amendment issues. As lead counsel in Freedom from Religion Foundation v. Obama, Oster skillfully defended the constitutionality of the National Day of Prayer against an Establishment Clause challenge. Before the U.S. Court of Appeals for the 8th Circuit, he successfully defended the right of an organization to have a pro-life specialty license plate in Missouri in Roach v. Stouffer. In Wigg v. Sioux Falls School District, he successful represented an elementary school teacher in obtaining equal access to school facilities after contract time after she was denied that right based on the viewpoint of her speech. In addition, Oster has defended various churches based on the Religious Land Use and Institutionalized Persons Act, against discriminatory zoning codes and regulations. Oster also has defended various individuals, corporations, and political committees against discriminatory and unconstitutional campaign finance regulations.

Joel has also spoken to thousands of attorneys across the United States and has learned from their successful and unsuccessful legal practices. Joel brings this practical perspective to all his seminars.

Oster earned his J.D. in 1997 from the University of Kansas School of Law. Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts.

CLE Presentations

Avoiding Knockout Bench Slaps

It’s every litigator’s worst nightmare. Worse than appearing before a court sans-trousers. Being on the receiving end of a harsh rebuke from a judge does not end up on too many lawyer’s “Top 10 Fondest Memories” list. That being said, there is a lot to learn about oral argument from bench slaps. We look at some of the worst bench slaps, analyze why the slap occurred, and most importantly, how you can avoid it happening to you!
Legal Writing Story Telling

What does Walt Disney, Johnny Cash and your little sibling have in common? They all know how to tell good stories! And everyone loves a good story, including courts. This class, for all attorneys but especially for those communicating with courts, explores how the art of storytelling can be accomplished in your complaints, pleadings and memos. You won’t ever rush through a statement of facts section again after taking this class! The goal? To make your legal writing into a real page turner that the court won’t be able to set down.
Guide on Lying from Honest Abe

Lawyers, liars, and lunatics! This class focuses on why some people (lunatics) think that lawyers have a problem with lying. We go to the top of our profession – good ol’ Honest Abe – to see what he has to say about honesty in the legal profession. Do we have a problem with honesty? And if so, what can we do to fix it? In this class, we look at the various model rules requiring honest legal practices, such as 3.3, 4.1, 7.1 and 8.4, and then look at case examples where attorneys have been disciplined for dishonest activities. And of course, we end by vowing to not do likewise.
The Amanda Knox Trial: Evidence of a Murder

Amanda Knox, a student from Seattle, Washington, had saved diligently to study abroad and immerse herself in Italian culture for a year in Perugia. However, her dream turned into a nightmare when her roommate, Meredith Kercher, was murdered, and Knox found herself at the center of a global media storm.
Amanda Knox’s Forced Confession: Abusive Police Tactics and Constitutional Rights

This tragic case serves as a stark reminder that American legal principles, such as the right to counsel and protection against self-incrimination, are not universal. The Knox trial highlights the differences in legal systems and reinforces the importance of understanding these variations when advising clients facing legal issues abroad.
The Amanda Knox Trial: Comparing Italian Due Process with American Due Process

By examining this case, you’ll gain valuable insights into due process and practical considerations for navigating foreign legal systems, deepening your appreciation for the protections offered by our own legal traditions.
The Appeal and Second Trial – Comparing the American Appellate System with International Systems

This session delves into the appeal and second trial of Amanda Knox, offering a comparative analysis of the American appellate system versus international legal frameworks. Attendees will explore key procedural differences, the role of appellate courts, and how legal standards vary across jurisdictions. Through an in-depth review of Knox’s case, this presentation will highlight critical distinctions in due process, evidentiary rules, and judicial review, providing valuable insights into global approaches to criminal appeals.
Salem Witchcraft Trials

In 1692, nineteen men and women were convicted of witchcraft, carted to Gallows Hill, and executed. Hundreds were accused of witchcraft. Dozens languished in jail awaiting trial. Then, almost as soon as it had begun, it ended. The story of how the Salem Witch Trials came to be is a cautionary tale to us today to ensure the law is not used for hysterical purposes. But … do we permit modern day Salem Witch trials?
Leo Frank Trial

The body of a 13-year-old girl was found in the basement of a pencil factor in a small Georgian town. The town was devastated. The town demanded justice. Leo Frank, the superintendent of the factory, was arrested and convicted. But according to the Georgia Governor and the U.S. Supreme Court, the conviction might have been based more on rage than due process. Was the wrong man hanged?
West Memphis Three Trials

In 1993, three eight-year-old boys’ bodies were found bruised and mutilated, hog-tied, naked in a stream. The community demanded justice, and swiftly. Within a month, investigators found three out-of-the-mainstream teenagers who would become known as “The West Memphis Three.” Authorities and the community were convinced they were the killers. The convictions and court battles that followed provide a cautionary tale of when police zero in with tunnel vision in pursing justice.
10 Ethical Tips from Hollywood Movies

In this class, we review the Model Rules of Professional Responsibility as those rules are depicted in popular movies. We also analyze the difference between professionalism and ethics, encouraging attorneys to view their career as a professional calling.
Examining the Charges Against Socrates

Socrates, the wisest man alive, was put on trial for corrupting the youth and introducing new deities. While the Trial of Socrates happened well before the advent of Instagram, and the tweets from that period are somewhat limited, the impact on the legal system was and continues to be significant. Socrates was on trial for corrupting the minds of the youth. Which is rather ironic because most youth think the word revolves around them. The Trial of Socrates has significantly impacted the law to this day. In this session, we will learn the importance of public trials, trials by jury, the importance of academic freedom and controlling freedom of thought. This class will prove one thing – the more things change, the more they stay the same.
The Socrates Trial: The Prosecution and Defense Strategies

Comparing the advantages and disadvantages of the jury system then as compared to now, the analysis covers the benefits and flaws of the current system, including the prosecution’s case against Socrates. The impiety and corruption charges are examined in detail, highlighting the defense’s strategy, which leverages sympathy, the merits of the case, the illogical nature of the charges, and Socrates’ status as a war hero. The discussion also explores the verdicts, the pendulum-style motivations behind the death penalty, and Socrates’ own offer. The final vote is considered alongside the application of Socrates’ trial to current trials, emphasizing the role of government and the debate between democracy and philosopher kings/oligarchy. The cross-examination techniques, including the Socratic method, are evaluated, as well as the origins of freedom of thought and speech. The summary concludes by questioning why, in a society with unprecedented freedom and democracy, a 70-year-old philosopher would be put to death for his teachings.
The Legacy: Cross Exam Your Way to the Truth

Socrates was known for his brilliant use of cross-examination, giving rise to the “Socratic Method.” In our legal system, cross-examinations are crucial for uncovering the truth. This discussion will explore the theories behind the importance and value of cross-examination, review techniques for effective cross-examination, and examine how our laws incorporate cross-examination in the admission and exclusion of evidence. We will address the problem with modern cross-examinations, including examples of poor questions and how a poor cross-examination can harm a case by failing to meet expectations. The objective should be to collect points for your summation. Federal rules derived from the value of cross-examination will be reviewed, alongside ten rules for effective cross-examination: keep it short, keep it simple, lead the horse to water, be prepared, listen, avoid mud fights, resist revisiting points, get off the other side’s payroll, focus on summation building, and always maintain credibility.
Current Law on Corrupting the Minds of Our Youth

This class examines the protection and influence of youth from both historical and contemporary legal perspectives. It begins with an exploration of Socrates’ trial for corrupting young minds, questioning the relevance of such charges today. The course also delves into the Lenny Bruce trials, analyzing his 1964 conviction under obscenity laws and subsequent legal challenges. Pivotal Supreme Court cases like Miller v. California (1973), IANCU v. Brunetti (2019), and Mahanoy Area School District v. B.L. (2021) are reviewed to illustrate how these decisions shape current laws concerning the impact of speech and actions on youth, reflecting on whether laws today still protect the cultivation of young minds.
Current Law on Impiety

This class delves into the legal framework of religious freedom in the United States, exploring historical impiety laws and the implications of the First Amendment’s Establishment and Free Exercise Clauses. It reviews landmark Supreme Court cases such as Hosanna-Tabor (2012) and Trinity Lutheran (2017), alongside recent decisions like Ramirez v. Collier (2022) and 303 Creative LLC v. Elanis (2023). Discussions span the impact of these laws on religious teachings, practices, and their application in various contexts including workplaces, public schools, and current cases before the Supreme Court on religious freedom issues.
The Sparta/Athenian Conflict Still Plagues Us Today

This class provides a deep exploration of the intersection between law and ancient Greek political ideologies. It contrasts Athens’ advocacy for pure democracy with Sparta’s preference for rule by a select few, a conflict reminiscent of the Peloponnesian Wars that continues to influence our legal system today. Discussions encompass how these foundational principles shape our constitutional framework, Supreme Court decisions, and laws affecting religious freedoms in workplaces and schools. Modern cases such as Ramirez v. Collier (2022) and 303 Creative LLC v. Elanis (2023) are analyzed, highlighting the enduring relevance of ancient political debates in contemporary legal practice and the essential understanding required by litigators to effectively argue cases.
Deal or No Deal: Socrates Style

This session offers a dynamic and entertaining exploration of legal ethics through Joel’s engaging game-show format. Co-host of the podcast “De-Briefing the Law,” Joel presents real-life cases that are both bizarre and humorous, showcasing ethical dilemmas in legal practice that will surprise, amaze, and provoke thought about career choices. Discussions cover misconduct like inappropriate juror contact, courtroom fights, attorney deceit, and ethical breaches involving clients. The class also delves into key rules from the Model Rules of Professional Responsibility and examines landmark cases where ethical boundaries were tested, challenging participants to weigh the risks of accepting deals versus facing trial.
Molly’s Game and the Legality of Gaming

There is no better teacher than Hollywood. In this class, lawyers will learn the law in a unique way – through the lens of Hollywood. We will start with the movie Molly’s Game which tells the story of a former mogul skier who runs an illegal gambling operation. During this session, we will learn the federal law on gaming and how it is currently being enforced.
Armistad – U.S. v. Schooner Amistad

We discuss the Supreme Court case U.S. v. Schooner Armistad and the importance of this decision to current civil rights litigation.
On the Basis of Sex and the Jurisprudence of RBG

On the Basis of Sex is the story of how Ruth Bader Ginsburg sought to eradicate discrimination on the basis of sex. This story culminates with the decision of the U.S. Supreme Court in Loving v. Virginia, and opinion written by RBG herself.
Truth and the Law on Journalistic Defamation

We learn about how the law deals with potentially defamatory journalism practices.
Mississippi Burning and Implicit Bias in the Law

The 1964 murders of civil rights activists in Mississippi, known as the Mississippi Burning case, exposed deep-seated racial injustice and systemic bias within the legal system. This session will examine the legal and ethical implications of implicit bias, both historically and in today’s legal profession. Through an analysis of this pivotal case and its impact on civil rights law, we will explore how implicit bias influences legal decision-making, trial outcomes, and access to justice. Attendees will gain insights into ethical obligations under professional responsibility rules and strategies for mitigating bias in legal practice. This engaging discussion will challenge attorneys to recognize and address their own biases, fostering a more equitable legal system in alignment with the principles of justice and professional ethics.
The Nuremberg Trials: Legal Precedents and Ethical Lessons

his CLE session explores the Nuremberg Trials, one of the most significant legal proceedings in history, which established the foundation for modern international law, human rights, and war crimes prosecution. Through an in-depth analysis of the trials, attorneys will examine the legal principles that emerged, including due process, individual accountability, and the development of international tribunals. The session will also address the ethical dilemmas faced by prosecutors, defense attorneys, and judges, providing insights into the intersection of law, morality, and justice. By studying these landmark cases, participants will gain a deeper appreciation for the role of the legal profession in upholding justice and the continuing relevance of Nuremberg’s legal legacy today.
10 Ethical Tips from Hollywood – Suits Edition

This engaging CLE course explores the Model Rules of Professional Responsibility through the lens of popular Hollywood films, bringing legal ethics to life in a dynamic and relatable way. By analyzing key scenes, attorneys will gain insights into ethical dilemmas, misconduct, and best practices as portrayed on screen. The course also distinguishes between professionalism and ethics, encouraging attorneys to view their practice not just as a job but as a professional calling. Through discussion and analysis, participants will deepen their understanding of ethical decision-making while reflecting on the broader impact of integrity in the legal profession.