Program/Schedule for Litigation Skills Symposium
Unless otherwise indicated, all events
will be held at King and Spalding LLP, 1180 Peachtree Street, 16th floor
Tuesday, May 23, 2006
5:00–7:00 pm
Program Registration
6:00–7:00 pm
Faculty/Registrant Catered Dinner
7:00–8:30pm
Program Introduction & Trial Preparation/Evidence
7:15–8:15pm
Faculty Training Session
Wednesday, May 24, 2006
7:30–8:30am
ABI Registration and Breakfast
8:30–9:30 am
Lecture and Demonstartion
Introduction of Evidence and Direct Examination
8:30–9:30 am
Faculty Training Session
9:30 am–10:00
- Break
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:
- Financial Statement of Cheatum dated 12/12/01, and
- 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
2:30–3:30 pm - Break
3:00 am–5:00 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:
- Letter by Lane Duck (FNBO) to Cheatum dated 11/12/01;
- Internal FNBO memorandum dated 7/30/02;
- Internal FNBO memorandum dated 8/10/02;
- FNBO Client File Log; and
- 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.
5:00–5:15 pm
Refreshment Break
5:15–6:00 pm
Lecture and Demonstration
Art of Persuasion and Trial Techniques to Win Your Case
4:45–6:00 pm
Faculty Meeting and Wrap-up
Thursday, May 25, 2006
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):
- Internal FNBO memo dated 1/25/03 attached as an exhibit to
Debtor’s Response to FNBO Motion for Relief from Stay, and
- 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
Friday, May 26, 2006
7:30–9:00 am
ABI Registration
8:00–9:00 am
Breakfast/Faculty Meeting
9:00 am–12:00
noon
Trials at Richard B. Russell 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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