No case can be won on sheer brilliance alone. Evidence is the backbone on which effective advocacy is borne. Are you making the best use of all types of evidence in each case? In this comprehensive legal guide, experienced attorney faculty share their tips on how to recognize key evidence and then traverse the obstacle course of qualifying rules and opposing counsel's attempts to strike it, to deliver it to the decision maker unscathed and introduce it for maximum impact. Learn to use the rules of evidence with surgical precision – order today!

1. Determining Admissibility
2. Hearsay Objections and Exceptions
3. Witnesses
4. Expert Reports and Scientific Evidence
5. Ethics
6. Authentication, Exhibits and Courtroom Presentation

Continuing Education Credits:   

* denotes specialty credits

1. DETERMINING ADMISSIBILITY
   9:00 - 10:00, Patrick S. Bedard
   1. Determine Applicability of Rules: State and Federal
   2. Is it Hearsay?
   3. Is it Relevant?
   4. Reasons to Exclude
      1. Exclusion on Grounds of Prejudice, Confusion, or Waste of Time
      2. Other Reasons Based on the Types of Evidence
         1. Character Evidence or Evidence of Habit
         2. On Subsequent Remedial Measures
         3. Of Witness Credibility
   5. Is the Evidence Authentic?
   6. Is There a Proper Foundation?
   7. If Evidence is a Writing, a Recording or a Photograph, is the Best Evidence Rule Satisfied?
   8. Admissibility of Evidence of Subsequent Remedial Measures
   9. Stipulations
   10. Proper Way to Introduce Items Into Evidence
2. HEARSAY OBJECTIONS AND EXCEPTIONS
   10:15 - 11:15, Patrick S. Bedard
   1. Formal Exceptions to Hearsay
   2. FRE 801(d) Exceptions
   3. Anticipating and Minimizing Hearsay Objections
   4. Hearsay in the Direct Examination of Your Client: How to Elicit What You Need Without Inviting Hearsay
   5. Hearsay Problems When Your Client, or Opposing Party, is Deceased
   6. Hearsay in Medical Records: When it Comes in, When it Doesn't
   7. Recent Case Law
3. WITNESSES
   11:15 - 12:15, William L. Vickerson
   1. Qualification
   2. Opinions and Firsthand Knowledge
   3. Deposition/Examination Procedure
   4. Impeachment
      1. Prior Inconsistent Statements/Contradiction
      2. Bias
      3. Character-Related
      4. Other
   5. Dealing With Missing Witnesses, Evidence and Documents
   6. Disclosures to Opposing Counsel
   7. Complying With the Scheduling Order
4. EXPERT REPORTS AND SCIENTIFIC EVIDENCE
   1:15 - 2:15, Stephen C. Whiting
   1. Assessing the Potential Weight of Scientific Evidence
   2. Qualifying Experts and Verifying Methodologies/Theories
   3. Admissibility of What You Give Your Expert
   4. The Logistics of Obtaining, Analyzing and Admitting Expert Opinion Reports
   5. Looking out for Red Flags and Errors
5. ETHICS
   2:15 - 3:15, William L. Vickerson
   1. Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
   2. Complying With Time Constraints
   3. Asserting and Challenging Privileges Under Rule 502(d)
   4. Abusive Litigation Practices and Their Remedies
   5. Keeping the Client Informed
   6. What to do When Your Client is Dishonest
6. AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
   3:30 - 4:30, Stephen C. Whiting
   1. Chain of Custody/Care and Handling/Spoliation
   2. Technical Methods of Preparing and Defending Motions in Limine
   3. Rules Regarding the Use of Demonstrative Exhibits
   4. Common Mistakes in Introducing Evidence and Testimony at Trial
   5. Presenting Deposition Records Without Boring Decision Makers to Tears
   6. Contemporaneous Objection Rule
   7. Curtailing Speaking Objections
   8. Bench (Sidebar) Conferences
   9. Instructing the Jury to Disregard Information When Objection is Sustained
   10. Practical Case Studies: Best Ways of Getting Evidence Excluded and Admitted

PATRICK S. BEDARD is a partner in the Eliot, Maine firm of Bedard & Bobrow, P.C., where his practice consists primarily of state civil litigation in Maine and New Hampshire (representing both plaintiff and defendant), dealing with most state court issues, including construction property, collection, probate and other civil actions. His practice also includes criminal defense and family law. Mr. Bedard is a member of the Maine State and New Hampshire State bar associations. He has practiced law for more than 22 years and earned his J.D. degree from the University of Maine School of Law.

WILLIAM L. VICKERSON is a partner with the Portland law firm of LevensonVickerson, where he practices personal injury, employment law, criminal law, mediation and general litigation. He has led seminars on personal injury law and employment law, and has earned the designation of advocate from the National College of Advocacy. Mr. Vickerson is a member of the Maine State Bar Association, the Maine Trial Lawyers Association, the Maine Employment Lawyers Association, the American Association for Justice and the Maine Association of Criminal Defense Lawyers. Mr. Vickerson earned his B.A. degree from Fairfield University and his J.D. degree from Loyola University.

STEPHEN C. WHITING is a partner in The Whiting Law Firm, P.A., in Portland, Maine, where he focuses his practice on plaintiff's personal injury. Mr. Whiting spent 19 years practicing in insurance defense litigation prior to his plaintiff's personal injury work. Prior to law school, Mr. Whiting was a litigation paralegal for a Washington, D.C., law firm. He has been a speaker at numerous National Business Institute seminars. Mr. Whiting is a member of the Maine State Bar Association and the Maine Trial Lawyers Association. He earned his B.A. degree, magna cum laude, from Dartmouth College and his J.D. degree from the University of Virginia.

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