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. Electronic Discovery Update
7. Authentication, Exhibits and Courtroom Presentation

Continuing Education Credits:   

* denotes specialty credits

1. DETERMINING ADMISSIBILITY
   9:00 - 9:50, Written by David B. Lyons. Presented by Murray B. Wells in Memphis and David B. Lyons in Nashville.
   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
   9:50 - 10:45, Written by Murray B. Wells. Presented by Murray B. Wells in Memphis and David B. Lyons in Nashville.
   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
   11:00 - 12:00, Written by David B. Lyons. Presented by Murray B. Wells in Memphis and David B. Lyons in Nashville.
   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
   1:00 - 1:45, Written and Presented by John Daniel Richardson in Memphis and Nashville.
   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
   1:45 - 2:45, Written by John M. Cannon. Presented by Drayton D. Berkley in Memphis and John M. Cannon in Nashville.
   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. ELECTRONIC DISCOVERY UPDATE
   3:00 - 3:30, Written and Presented by John Daniel Richardson in Memphis and Nashville.
   1. Sedona Principles
   2. Litigation Holds Case Law Update - Helping Business Clients be Prepared
   3. Identifying and Communicating With Data Custodians
   4. E-Discovery Technology Tools and Vendors - A Necessary Evil?
   5. Top 10 Mistakes That can Jeopardize Admissibility of Electronically Stored Evidence
7. AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
   3:30 - 4:30, Written by Drayton D. Berkley. Presented by Drayton D. Berkley in Memphis and John M. Cannon in Nashville.
   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

DRAYTON D. BERKLEY is the founder and owner of The Berkley Law Firm PLLC in Memphis, Tennessee. Mr. Berkley has been an attorney for more than 13 years, and focuses his practice on plaintiff's personal injury and wrongful death claims resulting from trucking accidents. He draws from a highly focused and unique background that includes an engineering education that affords him the advanced mathematical aptitude essential to understanding the physics of trucking accidents. Mr. Berkley also has handled claims defending insurance companies, giving him a valuable perspective on defense strategies and tactics. He is a member of The Mississippi Bar. Mr. Berkley earned his B.E. and his J.D. degrees from the University of Mississippi. (Memphis location)

JOHN M. CANNON is a shareholder in the Goodlettsville law firm of Cannon & Cannon Attorneys, P.C. He earned his B.A. degree from Belmont University, his J.D. degree from the Nashville School of Law and his M.A. degree from Middle Tennessee State University. (Nashville location)

DAVID B. LYONS is the managing partner in the Nashville law firm of Lyons & Associates, where he practices primarily in the areas of civil rights, plaintiff's personal injury and family law. He has more than 27 years of trial experience. Mr. Lyons has spoken to various professional groups on topics relating to his areas of practice. He is certified as a civil trial specialist by the National Board of Trial Advocacy. Mr. Lyons is a member of the Nashville Bar Association, the Tennessee Bar Association, The American Association for Justice and The Tennessee Association for Justice. He earned his B.S. degree from the University of Tennessee at Knoxville and his J.D. degree from Nashville School of Law. (Nashville location)

JOHN DANIEL RICHARDSON is a member of The Richardson Law Firm in Memphis practicing in the areas of civil litigation, construction litigation, personal injury and wrongful death. He is a Rule 31 listed civil mediator. Mr. Richardson is a frequent lecturer on topics pertaining to civil litigation. He earned his B.A. degree from the University of Memphis and J.D. degree from the University of Memphis School of Law. (Memphis and Nashville locations)

MURRAY B. WELLS is a partner with Horne and Wells PLLC. Mr. Wells' practices in a wide variety of litigation centered matters, focusing primarily on plaintiff's work. He has successfully filed and settled many class actions, Section 1983 claims, malpractice claims, and regularly represents clients in state and federal court. Mr. Wells is an approved attorney under the Criminal Justice Act and has successfully defended his client accused of 1st degree murders and other serious felonies. He is licensed to practice law in California, where he began his practice litigating insurance coverage and bad faith defense at McCormick, Barstow, Sheppard, Wayte and Carruth, PLLC. Mr. Wells then enhanced his trial skills by becoming an assistant district attorney at the Fresno County District Attorney's office. He attended University of Arkansas School of Law, where he was president of the Student Bar Association, and competed on the National Traveling Moot Court and National Traveling Trial Advocacy Teams. (Memphis location)

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