Whether at trial or in deposition, the “yes-no” question quite frequently constitutes a Scylla & Charybdis problem for the adverse witness: the “yes” constituting a damaging-to-witness admission, and the “no” creating a risk of the witness being impeached … maybe a BIG risk of a BIG impeachment. Thus, a willing-to-lie witness (and there are so many!!), perhaps coached by an unethical attorney (and there are so many!!), tries to avoid Scylla & Charybdis by claiming “I don’t remember X.” As experienced litigators well know, and newbie litigators will soon discover, these claims can be very tough to successfully attack. Learn the very best lines of attack against these lies.
Not included in IICLE® Online All-Access subscription.
Focused on complex financial testimony in a divorce case from the varied perspectives of the proponent, opponent, and judge, this course covers: income/cash flow for determining support; marital and non-marital characterization of assets and forensic tracing; effectively using lifestyle analyses in court; and crucial ethical issues in preparing for and going to trial.
Learn how to avoid potential ethical traps in researching social media profiles to uncover investigative/ background information about parties, witnesses, experts, jurors, etc., and, in some cases, to use this information as evidence. This program reviews pertinent ethics opinions issued by the ABA and bar associations in many jurisdictions; discusses relevant caselaw; reviews detailed guidelines for social media research issued by the New York State Bar’s Commercial and Federal Litigation Section; and ties them into the ABA Model Rules of Professional Conduct. The program will also explore: Who's your "friend?" Could "friending" violate the deception or ex parte communication ethical rules? Is it ethical to research the social media profiles of parties and witnesses during discovery or trial? Is it ethical to research the social media profiles of potential jurors before trial or seated jurors during trial? Could advising clients to delete, deactivate, or adjust privacy settings on their social networking accounts lead to an ethical violation or spoliation charge against you? How to configure security/privacy settings in your own profile to avoid ethical breaches. The seminar is partially based on the speakers' 55-page Social Media chapter from their book, "The Cybersleuth's Guide to the Internet."
A panel of experienced attorneys, including an IWCC Arbitrator, discuss the use of Supreme Court Rules 204, 216, 213(f) and 213(g) and other best practices for securing effective testimony from witnesses.