Litigation often turns on the testimony of witnesses. A central focus of attorneys is preparing witnesses, whether they are parties, fact witnesses, or experts. But preparing them before their testimony or conferring with them during breaks in their testimony is full of ethical traps. Expert witnesses are paid for their time, not their testimony. Though they may be engaged to support a particular view of the facts, there are real limits to how experts can be coached.
Friday, January 15, 2016
12:00 PM - 1:00 PM
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Nebraska Activity #118219, 1.0 hour Ethics
Litigation often turns on the testimony of witnesses. A central focus of attorneys is preparing witnesses, whether they are parties, fact witnesses, or experts. But preparing them before their testimony or conferring with them during breaks in their testimony is full of ethical traps. Expert witnesses are paid for their time, not their testimony. Though they may be engaged to support a particular view of the facts, there are real limits to how experts can be coached. There are also real limits to how attorneys can prompt fact witnesses, for instance to “not remember” unfavorable facts. There are also significant ethical challenges involving how to handle inadvertently produced privileged documents and when testimony goes in a sharply unexpected direction. This program provides you with a practical guide to the ethical issues and traps of working with witnesses.
• Ethical issues in preparing and examining witnesses for litigation
• Dishonest witnesses—what are your obligations to the court and your client?
• Understanding the essential difference between paying witnesses for their time versus their testimony
• Conferring with witnesses during deposition breaks and the limits of what you advise
• Prompting a witness to “not remember” unfavorable testimony
• How to handle the inadvertent production of privileged documents
• Drafting witness affidavits without interviewing the witness
John M. Barkett is a partner in the Miami office of Shook Hardy & Bacon LLP, where his litigation practice encompasses contract disputes, employment, antitrust, trademark, and environmental and toxic tort litigation. He also has a substantial practice as an arbitrator, mediator, facilitator, and allocator in a variety of substantive contexts. He is former cochair of the ABA Section of Litigation Environmental Litigation Committee. Mr. Barkett serves as an adjunct professor at the University of Miami School of Law.
Bruce Green is the Louis Stein Professor at Fordham Law School in New York City, where he directs the Louis Stein Center for Law and Ethics. He previously served on the ABA Standing Committee on Ethics and Professional Responsibility and as the reporter to both the ABA Task Force on Attorney-Client Privilege and the ABA Commission on Multijurisdictional Practice. Professor Green also cochaired the ABA Litigation Section and Criminal Justice Section ethics committees.
Paul Mark Sandler is a partner in the Baltimore office of Shapiro Sher Guinot & Sandler PA, where he has developed a national reputation for successfully representing notable clients in trial and appellate courts. His trial practice ranges from representation of defendants in criminal cases to representation of plaintiffs in civil lawsuits, including personal injury and constitutional law cases. He is a Fellow of the American College of Trial Lawyers and founder and cochair of the ABA Litigation Section Institute of Trial Training.
To Register:Cost $89.00
If you need additional information on your CLE credits please contact:
- Click on abo9ve link
- Click “Login to add to cart” button at the bottom of the program page
- This will take you to the log in page, FIRST time users will need to create a user name and password that is separate and distinct from any information you may have used for the Nebraska State Bar website
- Please be sure to use the attorney name and contact information of the person who is to receive the CLE credit
- Once completed click “Update & Proceed to Payment”
- The final step is to click “Submit Payment”
- At this point you will receive an email confirmation of the purchase
- The day before the Program you will receive the dial in information and program materials
- We will submit the program participation information to the Nebraska State Bar Association within 48 hours of the program completion
Sara Weber, Nebraska State Bar Association
(402) 475-7091 ext # 131; firstname.lastname@example.org