Applying the Rules of Evidence: What Every Attorney Needs to Know
Tuesday, April 10, 2018
9:00 AM - 4:30 PM
Holiday Inn Timonium
9615 Deereco Road
Timonium, MD 21093
$349 / Each Additional
Registration Includes Course Book
Continuing Legal Education
- VA CLE - 6.00
Use Best Litigation Practices Within the Boundaries of Evidence Rules and Procedure
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 a day of intense study, our experienced attorney faculty will 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 - enroll today!
- Learn what you must and cannot do in getting evidence admitted and excluded, lest you ruin your case.
- Gain advanced strategies and tips for overcoming obstacles regarding the authentication of social media and email evidence.
- Examine the differences between common and statutory law, and state and federal rules in controlling admissibility.
- Save time by maximizing your use of stipulations early in the case.
- Learn to quickly spot the admissibility potential of evidence - and save yourself fruitless efforts.
- Explore specific problems you may face in getting evidence admitted and get solutions from experienced attorney faculty.
- Understand what information must be provided for expert witnesses to form their opinions.
- Cover all your bases when qualifying your experts and verifying their theories and methodologies.
- Get reliable litigation tactics for supporting and attacking evidence at trial.
- Find out how recent court rulings are shaping the litigation practice today.
Who Should Attend
This basic-to-intermediate level seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.
- Determining Admissibility
- Authentication of Social Media and Email Evidence
- Hearsay Objections and Exceptions
- Expert Reports and Scientific Evidence
- Electronic Discovery Update
- Authentication, Exhibits and Courtroom Presentation
Continuing Education Credit
Continuing Legal Education – CLE: 6.00 *
* denotes specialty credits
Agenda / Content Covered
- DETERMINING ADMISSIBILITY
9:00 - 10:00, Written and presented by David W. Lease in Rockville and Jan I. Berlage in Timonium.
- Determine Applicability of Rules: State and Federal
- Is it Hearsay?
- Is it Relevant?
- Reasons to Exclude
- Exclusion on Grounds of Prejudice, Confusion, or Waste of Time
- Other Reasons Based on the Types of Evidence
- Character Evidence or Evidence of Habit
- On Subsequent Remedial Measures
- Of Witness Credibility
- Is the Evidence Authentic?
- Is There a Proper Foundation?
- If Evidence is a Writing, a Recording or a Photograph, is the Best Evidence Rule Satisfied?
- Admissibility of Evidence of Subsequent Remedial Measures
- Proper Way to Introduce Items Into Evidence
- AUTHENTICATION OF SOCIAL MEDIA AND EMAIL EVIDENCE
10:15 - 11:00, Written and presented by Steven B. Vinick in Rockville and Jan I. Berlage in Timonium.
- Proper Data Mining and Gathering Procedures
- Does the Evidence Have a Proper Foundation?
- Is it Hearsay?
- Does the Evidence Have Distinctive Characteristics?
- Is the Evidence What the Proponent Claims?
- Linking the Evidence to the Purported Author
- Overcoming Admissibility Obstacles
- HEARSAY OBJECTIONS AND EXCEPTIONS
11:00 - 11:45, Written and presented by David W. Lease in Rockville and Michael G. DeHaven in Timonium.
- Formal Exceptions to Hearsay
- FRE 801(d) Exceptions
- Anticipating and Minimizing Hearsay Objections
- Hearsay in the Direct Examination of Your Client: How to Elicit What You Need Without Inviting Hearsay
- Hearsay Problems When Your Client, or Opposing Party, is Deceased
- Hearsay in Medical Records: When it Comes in, When it Doesn't
- Recent Case Law
12:45 - 1:30, Written and presented by Dennis F. O'Brien in Rockville and Debra B. Cruz in Timonium.
- Opinions and Firsthand Knowledge
- Deposition/Examination Procedure
- Prior Inconsistent Statements/Contradiction
- Dealing With Missing Witnesses, Evidence and Documents
- Disclosures to Opposing Counsel
- Complying With the Scheduling Order
- EXPERT REPORTS AND SCIENTIFIC EVIDENCE
1:30 - 2:00, Written and presented by Matthew J. Focht in Rockville and Michael G. DeHaven in Timonium.
- Assessing the Potential Weight of Scientific Evidence
- Qualifying Experts and Verifying Methodologies/Theories
- Admissibility of What You Give Your Expert
- The Logistics of Obtaining, Analyzing and Admitting Expert Opinion Reports
- Looking out for Red Flags and Errors
2:00 - 3:00, Written and presented by Nathaniel Fick in Rockville and Timonium.
- Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
- Complying With Time Constraints
- Asserting and Challenging Privileges Under Rule 502(d)
- Abusive Litigation Practices and Their Remedies
- Keeping the Client Informed
- What to do When Your Client is Dishonest
- ELECTRONIC DISCOVERY UPDATE
3:15 - 3:45, Written and presented by Wes P. Henderson in Rockville and Jennifer S. Lubinski in Timonium.
- Sedona Principles
- Litigation Holds Case Law Update - Helping Business Clients be Prepared
- Identifying and Communicating With Data Custodians
- E-Discovery Technology Tools and Vendors - A Necessary Evil?
- Top 10 Mistakes That can Jeopardize Admissibility of Electronically Stored Evidence
- AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
3:45 - 4:30, Written and presented by Steven B. Vinick in Rockville and Jennifer S. Lubinski in Timonium.
- Chain of Custody/Care and Handling/Spoliation
- Technical Methods of Preparing and Defending Motions in Limine
- Rules Regarding the Use of Demonstrative Exhibits
- Common Mistakes in Introducing Evidence and Testimony at Trial
- Presenting Deposition Records Without Boring Decision Makers to Tears
- Contemporaneous Objection Rule
- Curtailing Speaking Objections
- Bench (Sidebar) Conferences
- Instructing the Jury to Disregard Information When Objection is Sustained
- Practical Case Studies: Best Ways of Getting Evidence Excluded and Admitted
JAN I. BERLAGE is a partner with Gohn Hankey Stichel & Berlage, LLP. His practice focuses on general business litigation, ranging from commercial disputes to bankruptcy to intellectual property. Mr. Berlage has extensive experience in trials, arbitrations, mediations, and administrative hearings, including arguments before the Maryland Court of Appeals and the U.S. Court of Appeals for the Third and Fourth circuits. He has secured major jury verdicts and large settlements for both businesses and individuals, as well as successfully defended against multimillion dollar claims in both state and federal court. Prior to private practice, Mr. Berlage served as law clerk to the Honorable E. Stephen Derby, U.S. Bankruptcy Court for the District of Maryland. Mr. Berlage has taught pretrial litigation practice at the University of Maryland School of Law, served on the Board of Governors for the Maryland State Bar Association, and the U.S. Commission on Civil Rights, Maryland State Action Committee. Mr. Berlage is a fellow of both the American and Maryland State bar foundations, presents regularly at CLE courses, and has been the chair of numerous committees at both the national and state level. He earned his B.A. degree, with honors, from Wesleyan University; and his J.D. degree from the University of Virginia School of Law, where he served as executive editor of The Journal of Law & Politics. (Timonium location)
DEBRA B. CRUZ is a principal with the law firm of Levin & Gann, P.A., where she practices in the areas of general civil litigation, domestic relations, divorces, custody disputes, child support, alimony, and mediation. She is an attorney mediator in the Family Division of Baltimore City Circuit Court. Ms. Cruz is a member of the Baltimore City Bar (Family Law Committee, Bench and Bar Committee, Ethics Committee, and chairing the Alternate Dispute Resolution Committee), Attorney Grievance Commission of Maryland Peer Review Committee, Baltimore County Professional Committee, and Baltimore-Carroll Chapter of the Women's Bar Association (Board of Directors). She has lectured on recent developments in Maryland family law. Ms. Cruz earned her B.A. degree, with honors, and her J.D. degree from the University of Florida. (Timonium location)
MICHAEL G. DEHAVEN is a partner with Smith, Gildea & Schmidt, LLC, who has tried hundreds, if not thousands, of cases in a variety of areas of the law throughout his career, which began as a law clerk in the Office of the State's Attorney for Baltimore County, where he helped form the first of its kind unit to assist victims of domestic violence. Upon being admitted to the bar, Mr. DeHaven served as an assistant state's attorney, trying dozens of felonies, including numerous murder cases, including two that involved “family violence.” Upon entering private practice, Mr. DeHaven primarily represented members of the Maryland State Teacher's Association accused of child abuse, but later developed experience as a civil litigatorÂ handling multi-million dollar personal injury cases.Â His practice now focuses on family law matters, including numerous referrals from family law practitioners in need of his courtroom experience handling domestic violence cases. Mr. DeHaven is a member of the Maryland State Bar Association (Family & Juvenile Law Section), the Baltimore County Bar Association, and the Maryland Criminal Defense Attorneys Association. He earned his B.S. degree from Frostburg State University and his J.D. degree from the University of Baltimore School of Law. (Timonium location)
NATHANIEL FICK is a mediator with Blackstone Mediation, LLC, where he is board certified in trial practice, discovery strategy, negotiations, and trial by the National Board of Trial Advocacy. He has been recognized for his personal and firm’s efforts in a pro bono effort assisting victims in which over 1,000 attorneys secured awards of more than $2.5 billion for families of 9/11 victims. Mr. Fick has represented military and civilian victims of the attacks at the Pentagon and in the World Trade Center in New York. He is a founding member of Trial Lawyers for Public Justice, a founding member of the Civil Justice Foundation fighting for injury prevention and justice preservation across the country, and a member of Maryland Association for Justice (formerly the Maryland Trial Lawyers Association) and the American Association for Justice (formerly the Association of Trial Lawyers of America). Mr. Fick received his B.A. degree from the University of Maryland and his J.D. degree at the University of Baltimore Law School. (Rockville and Timonium locations)
MATTHEW J. FOCHT is senior counsel for Joseph, Greenwald & Laake, PA, where he is the trial lawyer for the firm's personal injury practice group. Mr. Focht received his B.A. degree from Loyola College in Maryland and his J.D. degree from Catholic University of America Columbus School of Law. Mr. Focht is admitted to practice in District of Columbia, U.S. Court of Appeals for the Fourth Circuit, U.S. District Court for the District of Maryland, and the U.S. District Court for the District of Columbia and Maryland. (Rockville location)
WES P. HENDERSON is the founding and managing member of Henderson Law LLC, a boutique litigation law firm located in Crofton, Maryland. He has more than 10 years of experience representing clients and has a past record of obtaining successful results on behalf of his clients. Mr. Henderson is an experienced litigator having represented both plaintiffs and defendants in lawsuits. While he handles a variety of complex litigation matters, Mr. Henderson tends to focus his practice within the areas of legal malpractice, medical malpractice, automobile accidents, and premise liability accidents. He also regularly defends clients sued by their former lawyers for attorneys' fees. Mr. Henderson is admitted to practice law before the Maryland Bar, the District of Columbia Bar, the U.S. District Court for the District of Maryland, and the U.S. District Court for the District of Columbia. He is a member of various associations, including the Maryland State Bar Association, the Anne Arundel County Bar Association, the Prince George's County Bar Association, and the Bar Association of the District of Columbia. Mr. Henderson earned his B.A. degree from the University of Pittsburgh and his J.D. from the University of Pittsburgh School of Law. (Rockville location)
DAVID W. LEASE is a co-founding member of the Rockville law firm of Smith, Lease & Goldstein, LLC, where he has a broad litigation and appellate practice focusing on complex civil and criminal matters. Mr. Lease has extensively lectured on various litigation topics including discovery, evidence and appellate practice. He was a recipient of American Jurisprudence awards for Excellent Achievement in the study of contracts I, criminal law, domestic relations, corporations and commercial transactions II. Mr. Lease received the Maryland and District of Columbia Super Lawyers awards from Thompson Reuters for 10 consecutive years and maintains a Superb "10" rating from Avvo.com. He is a member of the Montgomery County Bar Association, where he has chaired numerous committees and sections, including the Criminal Law Section and has served two terms on the Board of Governors for the Maryland State Bar Association. Mr. Lease also is a Maryland State Bar Foundation fellow, a member of the Maryland Criminal Defense Attorneys Association and a master of the bench on the Montgomery County, Maryland Inn of Court. He earned his B.A. degree from the University of Maryland at College Park and his J.D. degree, summa cum laude, from the University of Baltimore School of Law, where he was a member of the Law Review. (Rockville location)
JENNIFER S. LUBINSKI of the Heyman Law Firm, practices in the areas of employment, civil rights, police and other government torts, and personal injury litigation. She has extensive experience litigating at the trial and appellate levels; and is admitted to practice in Maryland, the District of Columbia, and Virginia. Ms. Lubinski is a former president of Maryland Defense Counsel, Inc. and the Baltimore Women’s Bar Association and chaired the Women’s Bar Association of Maryland’s Judicial Selections Committee. In 2010, the Daily Record named her one of Maryland’s Fifty Leading Women. She writes and speaks regularly on topics concerning employment, insurance, personal injury and trial skills. Additionally she serves on the Board of Legendary Women, Inc., a national organization devoted to improving opportunities for and the representation of women in media. (Timonium location)
DENNIS F. O'BRIEN is a sole proprietor at the law office of Dennis F. O'Brien, P.A., in Bel Air, Maryland, where his full-time civil litigation practice focuses on serious personal injury; product liability, including drug and medical devices; medical malpractice; nursing home negligence; appellate work; and general civil litigation. He earned his B.S. degree from the University of Maryland Baltimore County and his J.D. degree, cum laude, from the Baltimore School of Law. Mr. O'Brien has served as an officer and governor in the Maryland Association for Justice, including as chair of Legislation, Public Relations, and as editor-in-chief of the Trial Reporter. He is a member of the Maryland State, Harford County, Baltimore County and Baltimore City bar associations; the American Association for Justice; and is admitted to the U.S. District Court, District of Maryland; U.S. Court of Appeals (Fourth Cir.); and the U.S. Supreme Court. Mr. O'Brien is a frequent presenter and moderator for a variety of seminars relating to civil litigation. He is the co-author and author of a variety of articles and is currently working on a book, Accident Reconstruction for Lawyers, to be nationally published by the National Institute for Trial Advocacy (NITA). (Rockville location)
STEVEN B. VINICK is a principal in the civil litigation and criminal defense practice groups at the law firm of Joseph, Greenwald & Laake, P.A. He practices in the areas of personal injury, medical malpractice, and criminal matters. Mr. Vinick has spoken for the Maryland Institute for Continuing Professional Education of Lawyers on "The Nuts & Bolts of Personal Injury Law." He is a member of the Montgomery County, Prince George's County, and Maryland State bar associations; as well as the District of Columbia Bar, the Maryland Association for Justice, and the American Association for Justice. Mr. Vinick earned his B.A. degree, magna cum laude, from the University of Maryland; and his J.D. degree, cum laude, from the University of Baltimore School of Law. (Rockville location)
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