CANCELLED: Advanced Evidence and Advocacy for Civil and Commercial Litigators
Issues covered include: Enhancing Your Cross-examination Practice and Procedure, Overcoming the Challenges of Re-Examination, Advanced Advocacy on Interlocutory and Urgent Applications, The Ethical Art of Oral and Written Advocacy, Advanced Strategies for Clear and Effective Expert Evidence, Running a Paperless Litigation File from Start to Finish, Communications Between Lawyers,
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 masterclass 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 7 CPD hours
Session 1
The Strategic Art of Advocacy
Chair: Kate Dillon, Barrister, William Martin Chambers
9.00am to 10.00am: 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
10.00am to 11.00am: Overcoming the Challenges of Re-Examination
- 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
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: Advanced Advocacy on Interlocutory and Urgent Applications
- Assessing urgency and determining when to approach the court
- Effect of delay
- Proceeding ex parte or inter partes
- Notifying the other side
- Preparing the necessary documents
- Tailoring the evidence according to the facts and the time available
- Presenting the facts and the documents
- Assisting the court
- Duties of disclosure during the hearing
Presented by TBC
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 enhance your cross-examination skills
- Consider the rules of re-examination
- Enhance your advocacy skills on interlocutory and urgent applications
- Ensure your written and oral advocacy is ethical
Session 2
Evidential Issues and Correct Communications
Chair: Andrew Gilchrist, Barrister, Southern Cross Chambers
2.00pm to 3.00pm: 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
3.00pm to 4.00pm: 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
4.00pm to 4.15pm: Afternoon Tea
4.15pm to 5.15pm: 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
- Learn how to run a paperless litigation file from start to finish
- Consider how to use communications to best effect in litigation
Venue
Rydges Auckland
59 Federal St
Auckland 1010
New Zealand