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Meetings & Events

Program/Schedule for Litigation Skills Symposium

Unless otherwise indicated, all events will be held at Tulane Law School, 6329 Freret St., Weinmann Hall

Monday, May 23, 2005

5:00–7:00 pm

Program Registration

6:00–7:00 pm

Faculty/Registrant Catered Dinner

7:00–8:15 pm

Program Introduction & Trial Preparation

7:15–8:15 pm

Faculty Training Session

Tuesday, May 24, 2005

8:00–8:45 am

ABI Registration and Breakfast

9:00–10:00 am

Lecture and Demonstartion

Introduction of Evidence and Direct Examination

9:00–10:00 am

Faculty Training Session

10:00 am–12:00 noon

Workshop 1

Direct Examination Of Non-Experts and Introduction of Evidence

Assignment

  • Group A: Counsel for D. Cheatum (Debtor)
  • Group B: Counsel for First National Bank of Oppression (FNBO)

Assume the case In re Cheatum has been called for a trial on FNBO’s complaint to declare Cheatum’s debt to FNBO nondischargeable. Prepare and conduct a direct examination that accredits your witness, that tells an interesting story, that elicits favorable factual information, and that anticipates your opponent’s theory of the case. Introduce and use any exhibits you think appropriate, including:

  1. Financial Statement of Cheatum dated 12/12/01, and
  2. FNBO Promissory Note of Cheatum Copier Services, Inc. (“CCS”), dated 12/12/01.
  • Direct examination of J. Prudent. Assume that J. Prudent is the first witness for FNBO. All B’s will prepare and conduct a direct examination of J. Prudent. All A’s must be prepared to object when appropriate during the examination.
  • Direct examination of D. Cheatum. Assume that FNBO has presented its witnesses and has rested. The debtor’s first witness is Cheatum. All A’s will prepare and conduct a direct examination of Cheatum. B’s must be prepared to object when appropriate during the examination.

12:00 noon–1:00 pm

Catered Lunch

1:00–2:30 pm

Lecture and Demonstration

Effective Cross Examination

2:30–4:30 pm

Workshop 2

Cross Examination of Non-Experts

Assignment

  • Group A: Counsel for Debtor
  • Group B: Counsel for FNBO

Assume that testimony has been given consistent with the direct examinations that you heard in Workshop 1. Prepare and conduct a cross examination. Be sure to use short, leading questions. You may use cross examination here to establish favorable facts, highlight weaknesses in your opponent’s case, create doubt or ambiguity, or to impeach the witness’s testimony. Consider whether to cross examine the witness for memory, perception, sincerity, bias, prejudice, etc. Also, consider using any of the following documents in your cross examination:

  1. Letter by Lane Duck (FNBO) to Cheatum dated 11/12/01;
  2. Internal FNBO memorandum dated 7/30/02;
  3. Internal FNBO memorandum dated 8/10/02;
  4. FNBO Client File Log; and
  5. Letter by P. Pompus to Cheatum dated 8/12/02.
  • Cross examination of D. Cheatum. Assume that FNBO has presented its witnesses and has rested. The debtor’s first witness was Cheatum. All B’s will prepare and conduct a cross examination of Cheatum. A’s must be prepared to object when appropriate during the examination.
  • Cross examination of J. Prudent. Assume that J. Prudent was the first witness for FNBO. All A’s will prepare and conduct a cross examination of J. Prudent. All B’s must be prepared to object when appropriate during the examination.

4:30–4:45 pm

Refreshment Break

4:45–6:00 pm

Lecture and Demonstration

Art of Persuasion and Trial Techniques to Win Your Case

4:45–6:00 pm

Faculty Meeting and Wrap-up

Wednesday, May 25, 2005

7:30 am–6:15 pm

ABI Registration

8:00–9:00 am

Breakfast and Faculty Meeting

9:00–10:30 am

Lecture and Demonstration

Working with Expert Witnesses

10:30–10:45 am

Refreshment Break

10:45 am–1:00 pm

Workshop 3

Direct Examination of Expert Witnesses

Assignment

  • Group A: Counsel for FNBO
  • Group B: Counsel for Small Malls-B-Us, Inc. (Debtor)

Assume that this is the final hearing on FNBO’s Motion for Relief from Stay in the case of In re Small Malls-B-Us, Inc. Prepare and conduct a direct examination of an expert witness. Qualify the witness as an expert. Lay the proper foundation and elicit your expert’s opinion. Elicit information from the expert that makes his/her testimony persuasive. Clear, concise testimony that makes good use of detail, that is internally consistent, compellingly related to the facts of the case and logically explained is almost always persuasive.

  • Direct Examination of P. Pompus. For this exercise only, assume that counsel for FNBO (Group A) has decided to call P. Pompus as an expert witness on prevailing lending and investment practices as they relate to the debtor’s prospects for a successful reorganization within a reasonable period of time and adequate protection of FNBO’s collateral. Group A will prepare and conduct a direct examination of this witness. Group B must be prepared to object as appropriate.
  • Direct Examination of T. Truevalue. Counsel for the debtor (Group B) will conduct a direct examination of T. Truevalue, MAI. Consider introducing the photographs attached as Exhibits B and C to the Truevalue appraisal report dated 6/10/03. Group A, be prepared to object as appropriate.

1:00–2:00 pm

Catered Lunch

2:00–4:15 pm

Workshop 4

Cross Examination of Expert Witnesses

Assignment

  • Group A: Counsel for FNBO
  • Group B: Counsel for Debtor

Assume that the expert witness gave testimony consistent with the direct examinations that you heard in workshop 3. Prepare and conduct a cross examination of the expert. Consider introducing (through the appropriate witness):

  1. Internal FNBO memo dated 1/25/03 attached as an exhibit to Debtor’s Response to FNBO Motion for Relief from Stay, and
  2. Valuation Report of T. Truevalue dated 6/10/03. Also, consider using deposition testimony or the Pompus Declaration for impeachment.
  • Cross Examination of P. Pompus. For this exercise only, assume that counsel for FNBO successfully qualified P. Pompus as an expert witness on prevailing lending and investment practices as they relate to the debtor’s prospects for a successful reorganization within a reasonable period of time and adequate protection of FNBO’s collateral. Group B, prepare and conduct a cross examination of this witness. Group A, be prepared to object as appropriate.
  • Cross Examination of T. Truevalue. Counsel for FNBO (Group A) will conduct a cross examination of T. Truevalue, MAI. Group B, be prepared to object as appropriate.

4:15–4:30 pm

Refreshment Break

4:30 pm

Trial Team Meetings and Strategy Sessions to Prepare Case for Trial

4:30 pm

Faculty Witness Meeting with Trial Teams

Thursday, May 26, 2005

7:30–9:00 am

ABI Registration

8:00–9:00 am

Breakfast/Faculty Meeting

9:00 am–12:00 noon

Trials at Hale Boggs Federal Courthouse

12:00 noon–12:30 pm

Critique, Debriefing

12:30 pm

Catered Lunch at Restaurant

Location to be announced.

 

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