David Markowitz

Practice Areas

Bet-the-Company Litigation

Commercial Litigation

Government Litigation

Class Actions

Real Estate Litigation

Professional Memberships

Fellow, International Academy of Trial Lawyers since 2010

Fellow, American College of Trial Lawyers since 1991, Former Oregon State Chair

Publications

Oregon Civil Pleading and Litigation – Depositions (Chapter 26), 2020

Adverse Discovery Ruling Writ of Mandamus

Creative Fee Agreements – Blending Interests and Expenses

Sanctions for Deposition Misconduct

The Oregon State Court Perpetuation Deposition: Opportunities for the Prepared and Pitfalls for the Unwary

Organizational Depositions: Do They Allow a Second Bite at the Apple?

Expert Witnesses and Video Depositions: Strategies for Effective Performance

The Basics for Deposing Entities Under Rule 30(b)(6)

Using Depositions During Opening Statements

Legal Issues Involving Video Depositions Revisited

Vexing Questions: Deposing Percipient "Experts" in Oregon

Depositions of Opposing Counsel

Sanctions for Deposition Misconduct Under FRCP 30(d)

Taking Video Depositions: Legal Issues

Depositions of Out-of-state Parties

Reading, Correcting, and Signing Deposition Transcripts

Defending Depositions

Reopening Depositions

Appropriate Conduct in Protecting a Client During Deposition

Depositions: Who Goes First?

Dual-session Depositions

Federal Deposition Practice: New Time Limits

Ask the Deponent to Guess

Personal

Lectures

In addition to his active trial schedule, Dave shares his craft with lawyers of all levels. He is a frequent lecturer on litigation-related topics for state, local and federal bars across the country and in Canada. He regularly presents a nationally-recognized training seminar on depositions. Trial Guides™ has produced a DVD of this popular deposition course, and it has become one of the company's best-selling products. As a follow-up, Trial Guides™ produced Dave's "Mastering the Art of Persuading the Trial Judge" course on DVD and CD. In 2015, Dave's presentation on Canadian "discoveries" earned Seminar Partners’ Best Content award.

His courses include:

Deposition

Deposition Techniques: Strategies, Tactics and Skills (full day)

Deposing the Expert Witness: Strategies, Tactics and Skills

Jury Selection

The Art of Effective Voir Dire

Cross and Direct Examination

Persuading the Trial Judge during Direct and Cross

The Perfect Question: The Use and Misuse of the Leading Question

Trial Advocacy Skills Training: Direct and Cross Examination

Persuasion in the Courtroom

Mastering the Art of Persuading Trial Judges - How to Win at Oral Argument (Half day)

Opening and Closing

The Evidence Will Show: Giving a Successful Opening Statement

Making a Compelling Closing Argument

Witness Preparation

Preparing your Witnesses for Trial: The Key to Winning a Close Case

How to Be a More Effective Expert Witness

Tips for Expert Video Depositions

Alternative Dispute Resolution

Effective Techniques for Reaching a Settlement in Early Mediation

Technology in the Courtroom

Low Rent, High Tech: Effective Use of Technology in the Courtroom

The Use of Demonstratives, Including PowerPoint Slides

Rainmaking and Client Development

Rainmaking: How to Excel at Client Development & Enhance Your Career

How to Win a Beauty Contest

How to Make Creative Fee Arrangements Work for You and Your Client

General Practice

Controlling the Cost of Litigation

Work Highlights

Oregon Super Lawyers

Ranked number one, two, or three in Oregon every year since the list’s inception

Best Lawyers in America®

Recognized as one of Portland's leading commercial Litigators for the past thirty years

Ranked as one of Portland’s top Bet-the-Company litigators every year since the list’s inception

Selected as Portland's "Lawyer of the Year" in 2013 in the category of real estate litigation

Selected as Portland’s “Bet-the-Company” Lawyer of the Year in 2010

Chambers USA, Your Guide to the World’s Best Lawyers

Recognized as one of the top commercial litigators in Oregon, one of only two Oregon litigators to achieve a “Star Individual” ranking

Chambers Global

Recognized as a top national trial lawyer by Chambers Global — one of only three Oregon litigators ranked by the publication, 2013

Other recognition

Listed as a Litigation Star by Benchmark Litigation since 2013

Cited as one of the top ten Oregon litigators by the National Law Journal™

Experience

David Markowitz is considered by his peers to be among the finest trial lawyers in the country. His commanding presence and strategic thinking have made him a courtroom icon. Over the last three decades, Dave has guided Markowitz Herbold from its beginning as an ambitious two-attorney litigation shop to its present status as the premier business litigation boutique in the region. As reported by Chambers USA's Best Lawyers and Law Firms, "Dave earns his status as a litigation legend every day. His wise, measured advice to clients is always spot-on,” and "David is the best trial lawyer in Oregon." Portland publication Willamette Week calls Dave a "legendary litigator" and "famed trial lawyer."

Expert in these Jurisdictions

Oregon

U.S. District Court, District of Oregon

Ninth Circuit Court of Appeals

U.S. Supreme Court

Education

Awards