Advanced Evidence and Advocacy for Civil and Commercial Litigators
Issues covered include: paperless litigation, communications, expert evidence, oral and written advocacy
Description
Courtroom litigation is a dynamic process, but the key to your client’s success lies in effective evidence and your ability to persuade the bench. This advanced programme offers valuable insights on enhancing your advocacy and provides high-level examination, evidence and electronic discovery practices. Master the rules and walk away with the tools for success in any matter.
Attend the full day and earn 6 hours
Session 1
Paperless Litigation and Effective Communications Between Lawyers
Chair: TBA
9.00am to 10.00am: Running a Paperless Litigation File from Start to Finish (Including Trial)
- Technology tools required:
- The start of the file: meeting client, obtaining documents & filing/sorting
- Managing the pleadings and discovery
- Running a mediation using an iPad or tablet only
- Preparing for trial
- Running a trial with no paper
Presented by James Skinner, Director, Skinners Law
10.00am to 11.00am: Communications Between Lawyers: Using Communications to Best Effect in Litigation and Pitfalls
- Considering purpose and audience for communications
- Rules relating to communications between lawyers
- Open, ‘without prejudice’, and ‘without prejudice save as to costs’ communications and admissibility considerations
- Waiver of privileged communications
- Court powers to disallow privilege in respect of communications
Presented by Katerina Wendt, Barrister, Richmond Chambers
Learning Objectives
- Receive practical guidance on presenting effective expert evidence
- Ensure your written and oral advocacy is ethical
Session 2
Advanced Expert Evidence Strategies and Oral and Written Advocacy
Chair: TBA
11.15am to 12.15pm: Advanced Strategies for Clear and Effective Expert Evidence
When disputes arise, it is often necessary to engage an expert. The winning or losing of a dispute can turn on that expert’s evidence. It is imperative that expert witnesses, and legal counsel, understand how to present effective expert evidence. This session will cover:
- The role and responsibilities of an expert witness
- The process of giving expert evidence
- How to present effective expert evidence
- Potential pitfalls and how to avoid them
Presented by David Broadmore, Partner, Buddle Findlay and Jason Weir, Partner, Deloitte Forensic
12.15pm to 1.15pm: The Ethical Art of Oral and Written Advocacy
This session will look at the difference between written and oral advocacy and the manner in which lawyers ought to advocate bearing in mind their professional and ethical duties as an officer of the Court. Whilst advocacy styles can vary, acting ethically towards other counsel, witnesses and the judiciary is a centre piece of advocacy, in any forum. This session will cover:
- The ethical boundaries in differing advocacy scenarios
- How oral advocacy can breach ethical rules
- Recognising the situations when ethical problems in advocacy arise
- Duties as an officer of the Court
- Complying with professional conduct rules
- Avoiding conflicts of interest
- Acting ethically with opposing counsel, the bench and witnesses
Presented by Paul Collins, Barrister, Shortland Chambers
Learning Objectives
- Learn how to run a paperless litigation file from start to finish
- Consider how to use communications to best effect in litigation
Session 3
Cross-Examination and Re-examination in Practice
Chair: TBA
1.30pm to 2.30pm: Enhancing Your Cross-examination Practice and Procedure
- Evaluating your preparation and cross-examination techniques: Questions to ask the witnesses and how to discredit the witness
- Less is more: Avoiding unnecessary cross-examination and re-examination
- Identifying and leveraging cross-examination inconsistencies
- Controlling the witness to elicit the appropriate response
- Revaluating your approach
Presented by Damian Chesterman, Barrister, Bankside Chambers
2.30pm to 3.30pm: Overcoming the Challenges of Re-Examination Procedure
- The rules of re-examination
- When do to it
- How to decide what to ask
- How to formulate the question
Presented by Rob Latton, Barrister, FortyEight Shortland Chambers
Learning Objectives
- Learn how to enhance your cross-examination skills
- Consider the rules of re-examination