Live Seminar

Hearsay, Email and Social Media - in the Trenches!

Seminar

Date:

Thursday, April 19, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78732ER

Location:

Hyatt Place Baton Rouge

6080 Bluebonnet Boulevard

Baton Rouge, LA 70809

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • LA CLE - 6.00

Program Description

Can You Cleverly Respond to Objections and Utilize Exceptions?

Hearsay is without question one of the most misunderstood types of evidence that trial attorneys routinely encounter. Understanding the rules is something that most trial attorneys have a firm grasp of, but knowing how to apply them in the heat of battle is a different story. This practical guide is designed specifically for attorneys that are looking to fine-tune their evidentiary skills, learn clever ways to navigate the rules, confidently rephrase after objections, successfully employ exceptions and skillfully keep opposing evidence out. Full of real-world scenarios and examples, this unique course will not only provide you with the advanced trial skills you need - but will show you how to successfully employ them during the heat of battle. Register today!

  • Learn how to answer and rephrase after hearsay objections with confidence so you're not subject to another objection.
  • Identify the top hearsay pitfalls made by trial attorneys (and how to avoid them).
  • Learn how to skillfully utilize excited, contemporaneous and spontaneous utterance exceptions.
  • Identify the top mistakes that can jeopardize admissibility of email and social media evidence.
  • Dig deep into expert witness reports, identify the top admissibility obstacles, and get remedies for how to overcome them.

Who Should Attend

This intermediate-to-advanced level seminar offers attorneys advanced skills on how to successfully employ the rules of evidence. Paralegals may also benefit.

Course Content

  1. Insight From a Trial Attorney
  2. Top Hearsay Pitfalls Made by Trial Attorneys (and How to Avoid Them)
  3. Demonstrating How Evidence Falls Under Hearsay Exceptions
  4. How to Get Email, Social Media and Other ESI in - and Keep Theirs Out
  5. Hearsay and Expert Witnesses - Creatively Applying the Rules
  6. Ethical Considerations

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *


* denotes specialty credits

Agenda / Content Covered

  1. Insight From a Trial Attorney
    9:00 - 10:00, Donald R. Dobbins
    1. Tips on Determining Admissibility
    2. What Does Hearsay REALLY Mean?
    3. The Hearsay Rule
    4. Responding to Hearsay in Motions and Pleadings
    5. Responding to Hearsay in Hearings
  2. Top Hearsay Pitfalls Made by Trial Attorneys (and How to Avoid Them)
    10:15 - 11:15, Mary E. Colvin
    1. Using Hearsay for a Non-Hearsay Purpose
    2. Hearsay Within Hearsay
    3. The Residual Exception
    4. Impeaching a Hearsay Declarant
    5. Hearsay in Medical Records
    6. Hearsay and the Confrontation Clause in Criminal Matters
  3. Demonstrating How Evidence Falls Under Hearsay Exceptions
    With Real-Life Scenarios and Examples of How to Practically Apply the Rules During Trial

    11:15 - 12:15, Mary E. Colvin
    1. Defining Unavailability of a Witness
    2. Excited, Contemporaneous or Spontaneous Utterances
    3. Present Sense Impressions
    4. Declarations of Present State of Mind
    5. Past Recollection Recorded
    6. Learned Writings and Commercial Publications
    7. Judgment and Reputation
    8. Child Statements, Police Reports, Public Records and Reports
    9. Former Testimony and Dying Declaration
    10. Statements of Personal or Family History
    11. Declarations Against Interest
    12. Forfeiture by Wrongdoing
    13. Admissions Exceptions
  4. How to Get Email, Social Media and Other ESI in - and Keep Theirs Out
    With Real-Life Scenarios and Examples of How to Practically Apply the Rules During Trial

    1:15 - 2:15, Carey N. Nichols
    1. Top Mistakes That can Jeopardize Admissibility of ESI
    2. Overcoming Authentication Hurdles
    3. The Hearsay Rule Applied to ESI
    4. Email Messages, Chains and Attachments
    5. Social Media, Instant Messages and Blogs
    6. Voicemail, Video and Audio Recordings
  5. Hearsay and Expert Witnesses - Creatively Applying the Rules
    With Real-Life Scenarios and Examples of How to Practically Apply the Rules During Trial

    2:15 - 3:15, Carey N. Nichols
    1. Deposition Strategy
    2. Admissibility of Expert Testimony
    3. Attacking Credibility
    4. Direct Examination: Rephrasing Examples to Avoid Another Hearsay
    5. Expert Witness Reports
    6. Hearsay Evidence at Trial
    7. Character and Competency
    8. Court-Appointed Expert Witnesses
    9. Impeachment
  6. Ethical Considerations
    3:30 - 4:30, Michael Finkelstein
    1. Chain of Custody Considerations
    2. Spoliation, Preservation and Missing Evidence
    3. Handling Highly Prejudicial Evidence
    4. Communicating with Data Custodians
    5. Challenging Privileges Under Rule 502(d)

MARY E. COLVIN is an associate of Erlingson Banks, P.L.L.C. She practices in the areas of commercial litigation, insurance defense, premises liability defense, business law and construction law. Ms. Colvin is a member of the Baton Rouge Bar Association, the Louisiana State Bar Association, and the Louisiana State Bar Association's Committee on the Profession. She earned her J.D. degree, cum laude, from Louisiana State University Law Center.

DONALD R. DOBBINS is the founder of Donald R. Dobbins & Associates LLC, a law firm in Baton Rouge, where his practice is concentrated in the areas of criminal law, family law and civil practice. Mr. Dobbins has lectured for various CLE programs at Southern University Law Center. Mr. Dobbins is a member of the Louisiana State and American bar associations and the Louis A. Martinet Society. He earned his B.S. and J.D. degrees from Southern University.

MICHAEL FINKELSTEIN is an attorney with the law firm of Sternberg, Naccari & White, LLC, in New Orleans, where he provides comprehensive legal solutions across the field of data security, from procuring cybersecurity insurance to drafting internal company policies, compliance with legal regulatory schemes, and post-breach notification and litigation. His 2015 article on data breach litigation was recognized by the Louisiana State Bar Association as the year’s most outstanding publication in the Louisiana Bar Journal. Mr. Finkelstein received his B.A. degree and his J.D. degree from Louisiana State University and is licensed to practice law in Louisiana and Texas.

CAREY N. NICHOLS is an attorney with Mang Bourgeois & Callaway LLC. Ms. Nichols specializes in the area of medical malpractice defense. She is a member of the Baton Rouge Bar Association, the Louisiana State Bar Association, the Federal Bar Association and the American Bar Association. Ms. Nichols earned her B.A. degree from Louisiana State University and her J.D. degree from LSU, Paul M. Herbert Law Center.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

LA CLE: 6.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Mandatory Continuing Legal Education Committee of the Louisiana Supreme Court for a maximum of 6.0 hours (based on a 60-minute credit hour) of credit, of which 1.0 hour will apply to ethics.


Can't Attend?
Purchase the Recording.

Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702