The Litigation Process and The Role Of The Expert Witness. R. Paul Steep and Sarit A. Batner, McCarthy Tétrault LLP
|
|
- Arron Henry
- 8 years ago
- Views:
Transcription
1 The Litigation Process and The Role Of The Expert Witness R. Paul Steep and Sarit A. Batner, McCarthy Tétrault LLP The adversarial system which underpins trial practice in Canada is based on the principle that the truth will emerge if there is a fair contest between plaintiff and defendant before an impartial trier of fact. Historically, our Rules of Civil Procedure reflected this reality and provided wide scope for advocacy on behalf of each party. Each party is free to fully contest the version of facts presented by their opponent. While it is true that rules of evidence restrict admissible evidence to what is truly relevant and reliable, these rules still leave ample room for parties to present sharply diverging pictures of the facts at issue in a particular case. The Judge, or the Jury, is assumed to posses the necessary skill, or common sense, to sort through these competing versions of fact to discern what really happened. In the recent past, it has become clear that whatever the merits of the adversarial system in getting at the truth of a case, it was very poorly suited to presenting and assessing expert evidence. There were notable failures in the criminal justice system that were directly attributable to the failure of courts to detect incompetent experts, to properly define expert qualifications, or to adequately assess the quality of expert testimony, even assuming it was delivered by a competent and properly qualified expert. Although expert testimony was only ever admissible where a properly qualified expert could provide specialized knowledge on a relevant issue that the Court otherwise lacked, expert testimony too often became another, more subtle form of advocacy. Unsurprisingly, the adversarial system incented parties to use experts in a way that advanced their particular case. Armed with impressive qualifications and experience in areas that by definition were outside the expertise of the Court, it was difficult for Courts to distinguish between what was real knowledge and expertise from mere speculation or theory. In some circumstances, Courts could not
2 - 2 - distinguish between expert opinions that were demonstrably right from those that were actually wrong. Over the past 30 years, the use of experts in our Courts became more prevalent. They also covered more diverse academic disciplines than ever before. So Courts were called upon to assess qualifications and testimony very far afield from traditional areas of expert testimony, like medicine, or engineering. The result was that experts were often permitted to testify even when the Court had genuine doubts about the qualifications of the expert, the reliability of the testimony, or it s utility. There was a tendency to allow the evidence in on the assumption that it can be dealt with on cross examination or assessed as to weight at a later stage of the trial. 1 However this was a false hope. Expert testimony admitted in this fashion often confused, rather than clarified, the fact finding mission of the Court. The Court of Appeal has recently pointed out the pitfalls of such an approach. Apart from trial economy, trial judges who fail to properly perform their gatekeeper function run the risk of having their decisionmaking function usurped or severely eroded by expert generalists who profess to know something about everything and who are only too willing to provide the court with a ready-made solution for any contentious issue that might exist. The problem with such witnesses is that while they appear knowledgeable and generally come across well, upon closer scrutiny, their opinions may well turn out to be little more than concoctions consisting of guesswork, speculation, commonplace information and junk science, with a hint of valid science thrown in for good measure. Looking back we can see that these gatekeeping failures occurred despite the fact that the common law permitting the admission of expert testimony always clearly required such testimony to be, properly qualified, independent and necessary to assist the Court. But there are 1 Johnson v. Milton (Town), 2008 ONCA 440 (CanLII)
3 - 3 - disturbing examples of experts who apparently did not understand their role, believing that they were actually engaged to support a particular side rather than to assist the Court. 2 Dr. Smith, for example, claimed to have had little understanding of his role in court. He told the Goudge Inquiry that [i]n the very beginning, when I went to court on the few occasions in the 1980's, I honestly believed it was my role to support the Crown Attorney. I was there to make a case look good. That s the way I felt. The Rules of Civil Procedure now impose on experts a direct duty to the Court. Rule 4.01 imposes a duty to: (a) (b) (c) provide opinion evidence that is fair, objective and non-partisan; opinion evidence that is only within the expert s area of expertise, and other assistance that is reasonably necessary. These duties prevail over any other obligation that the expert may owe to the party who retained him or her. So a properly qualified, and instructed, expert should self police with respect to the opinion he or she renders, before the evidence is ever tendered to a Court. However the Court s gatekeeper function is still important. Courts are now armed with some additional tools to assist them in assessing expert testimony. Expert reports are essentially standardized. Experts are required to disclose their instructions and the factual assumptions, and documents 3, upon which the report is based. Where a range of opinion might be acceptable, the expert must disclose where in that range his or her own opinion is situated. All of this is designed to provide transparency and to focus the expert s attention on the fact that he or she is performing an independent role where their primary duty is to inform the Court with respect to some special knowledge they have, but the Court does not. 2 The Changing Role of the Expert Witness, The Hon. Ian Binnie, Supreme Court Law Review, (2010) 49 S.C.L.R. (2d) 3 Rule (2.1)
4 - 4 - The key to developing useful and admissible expert testimony is twofold; true qualifications and true independence. After the Goudge Inquiry, there is a heightened awareness of the need to be vigilant in assessing these criteria. Neither one is more important than the other. Both are essential and counsel must be confident that their chosen expert can withstand a searching inquiry on each. This includes the extent to which counsel has been involved in instructing the expert and in the preparation of the report. Counsel s instructions are producible and counsel should conduct themselves accordingly. No court is likely to believe that counsel was completely uninvolved in reviewing drafts and providing comments, though many advocate this approach. This is a counsel of perfection that is likely to be observed in the breach. But counsel, like the expert, can police themselves and ensure that any commentary, is fair and objective and does not lead the expert into any area of advocacy. Any involvement of counsel must be able to withstand the scrutiny of the trial judge. For an expert to truly understand his or her role in the trial process would require a legal education. But there are some basic concepts that are easily summarized which will assist experts, especially those who have not testified before, in understanding some of the more technical aspects of giving expert testimony. The Admissibility of Expert Evidence at Trial Expert evidence may be tendered at trial as an exception to the rule against hearsay evidence that confines witnesses to testifying as to matters of fact as opposed to matters of opinion. The rationale for the exception to the hearsay rule allowing experts to tender opinion evidence was articulated by Dickson J. in R v. Abbey. With respect to matters calling for special knowledge, an expert in the field may draw inferences and state his opinion. An expert s function is precisely this: to provide the judge and jury with a ready-made inference which the judge and jury, due to the technical nature of the facts, are unable to formulate. An expert s opinion is admissible to furnish the Court with scientific information
5 - 5 - which is likely to be outside the experience and knowledge of a judge or jury. If on the proven facts a judge or jury can form their own conclusion without help, then the opinion of the expert is unnecessary. 4 It is therefore only in those cases where the issues to be determined are beyond the scope of the knowledge expected of laymen that expert evidence will be admissible. The test for the admissibility of expert evidence was subsequently elaborated upon and refined in R v. Mohan 5. The following four criteria must be met before expert evidence will be admitted at trial: (i) (ii) (iii) relevance; necessity; the absence of an exclusionary rule; and (iv) a properly qualified expert. 6 i) Relevance To be relevant, expert evidence must be logically probative of a fact in issue. However, even if the expert evidence is relevant, the trial judge has the discretion to exclude such evidence where the prejudicial effect of admitting it would outweigh its probative value. 7 When deciding whether to retain an expert to tender evidence, the trial lawyer should consider whether the time required to present such evidence would be inordinate in comparison to its evidential value 8 and, if in the context of a jury trial, whether such evidence is likely to confuse, mislead or overwhelm the jury. 9 The court is more likely to admit expert evidence where doing so will not 4 R v. Abbey (1982), 138 D.L.R. (3d) 202 at 217. More recently, in R v. D. (D.), [2002] 2 S.C.R. 275, the Supreme Court of Canada has upheld the cite (?) 5 [1994] 2 S.C.R. 9 [Mohan]. 6 Ibid at p Ibid at p J. Sopinka, S.N. Lederman and A.W. Bryant, The Law of Evidence in Canada, 2 nd Ed. (Toronto: Butterworths, 1999) at Ibid.
6 - 6 - confound the trier of fact, unduly complicate the issues, or run the risk of mystifying the trier of fact to the extent that the ability to remain objective is compromised. 10 ii) Necessity To meet the requirement of necessity, expert evidence tendered at trial must be deemed to be necessary in the sense that it provides information that is likely to be outside the experience or knowledge of a judge or jury. 11 In R. D. (D.) 12 the Supreme Court stated that expert evidence will be deemed necessary in those exceptional cases where the trier of fact is unable to reach its own conclusion in the absence of assistance from experts with special knowledge. 13 The courts have excluded expert evidence on the basis that an understanding of concepts and principles underlying the action did not require expert assistance and where there existed no specialized and standardized body of conduct to study in the area. 14 Moreover, where the issue for which expert evidence is sought to be tendered amounts to an opinion on a legal issue, the courts will not permit the expert to usurp the function of the court. 15 It is important to bear in mind the ultimate issue rule. This rule stipulates that a court cannot admit evidence which purports to answer the very question which the trier of fact must resolve for itself. In professional liability cases, therefore, it is never appropriate to ask the expert whether in her opinion, the defendant was negligent, as this is a finding reserved to the trier of fact. Rather, the expert should be asked to opine as to the applicable standard of care and whether, in the particular case, the defendant met that standard. 10 Mohan, supra at note 3, p. 21; Sopinka et. al., supra at note 6, p. 620; R v. Melangri (1992), 73 C.C.C. (3d) 348 (Ont. Gen Div.) 11 Ibid, Mohan at p [2002] 2 S.C.R Also see Mayfield v. Mayfield (2001), 18 R.F.L. (5 th ) 328 (Ont. Sup. Ct.) where the court concluded that where it is not shown that expert evidence is necessary in the sense described above, it will not be admitted as expert evidence is costly and time consuming. 14 Pente Investment Management Ltd. v. Schneider Corp., [1998] O.J. No (Ont. Gen. Div.); the court refused to admit evidence as to the standard to be applied to the performance of the Board of Directors. 15 Ibid.
7 - 7 - There are particular types of actions where expert evidence will always be necessary to prove essential elements of the case. For example, in a medical malpractice action, the plaintiff must essentially always tender expert evidence that is capable of supporting the conclusion that the defendant physician failed to meet the standard of care, as such matters are by their very nature beyond the knowledge of the trier of fact. In a medical malpractice case, failure to, or undue delay in, filing a medical expert report supporting the allegations related to negligence and/or causation may result in summary judgment against the plaintiff. 16 iii) Absence of any Exclusionary Rule Other than the rule against hearsay, expert opinion evidence is subject to the ordinary rules governing the admissibility of evidence. 17 The fundamental determination that underlies all exclusionary rules is whether the prejudicial effect of the evidence outweighs its probative value. It has been stated that the exclusionary rules likely to be relevant at this stage of the analysis are rules that are particular to specific types of evidence such as the inadmissibility of a polygraph test result. 18 iv) Properly Qualified Expert In order for the evidence of an expert to be admissible, the expert must be shown to be properly qualified by demonstrating that he or she has acquired special or peculiar knowledge through study or experience in respect of the matters on which he or she intends to testify. 19 It is imperative to challenge the admissibility of an expert s evidence on the basis of insufficient qualifications directly after that expert has recited his qualifications to the court and before his 16 Claus v. Wolfman (1999), 52 O.R. (3d) 673 (Ont. Sup. Ct.), aff d. (2000) 52 O.R. (3d) 680 (C.A.); Ngo v. Toronto Western Hospital, [1994] O.J. No. 250, (Ont. Gen. Div.). 17 Niels Ortved, The Trial Judge as Gatekeeper: A New Level of Scrutiny for the Introduction of Expert Opinion Evidence, Internal Memorandum, McCarthy Tétrault, LLP (May, 1998)[Ortved]. 18 Mark J Freiman and Mark L. Berenblut, The Litigator s Guide to Expert Witnesses, ( Aurora: Canada Law Book, 1997) at 11. As the authors explain, the results of a polygraph test, and the testimony of the person who administered it, may arguably be necessary and reliable, however, they are inadmissible because it infringes the common law rule against he admissibility of evidence presented exclusively to affirm the truthfulness of another witness. [Freiman and Berenblut] 19 Mohan, supra at p. 25; Ortved, supra at p. 10; Freiman and Berenblut supra at p. 12.
8 - 8 - substantive testimony is given. If counsel wishing to object on this basis waits until after the substantive testimony is underway, any lack of qualification, regardless of its extent, will only go to weight as opposed to admissibility. 20 It is also important to carefully assess the precise area in which the expert is asking permission to testify. For example, it is important in cases where the expert is retained to tender evidence with respect to the standard of care in a professional liability case that the expert be qualified in the same field as that of the defendant. Qualifications of the Expert Technical expertise of the expert in the relevant field is essential. It is prudent to seek an expert who possesses the right balance of education, training and experience. 21 Although an expert may be highly educated and published, lack of experience in the relevant field may affect the weight that will be given to his evidence in some cases, particularly those where the issue to which the expert is testifying is the standard of care in professional liability cases. In such cases, it is expected that the expert testifying as to the requisite standard of care will be a member of the defendant s community of the same experience as the defendant who is able to appreciate all of the circumstances of the particular case. It is best in professional liability cases to retain an expert with practical experience comparable to that of the defendant. In other cases, however, where an expert may be required to tender evidence as to economic or sociological trends, a highly academic background which an established record of peer reviewed research may be preferable. It is always prudent to consider the source of the expertise and its practical relevance to the issues at hand. It is advisable to retain an expert with some previous experience in a courtroom setting. The expert will then know what to expect of examination-in-chief and cross-examination and will 20 Effective Use of Expert Evidence, The Advocate s Society London 1996 Courthouse Series, February 1, 1996, pp Otoway B. Denny Jr. How to Select an en Expert Witness, Expert Testimony and the Defence of Litigation, Donald J, Hirsch Ed., (Chicago: The Defence Research Institute Inc., 1990).
9 - 9 - have gotten over any nerves borne of inexperience. Be especially cautious, however, to avoid experts who have gained a reputation as a professional witness. It is prudent to enquire into the percentage of the expert s income comprised of expert witness fees. Although the expert may not wish to divulge such information, asking experienced colleagues and other persons practicing in the same field as the potential expert will likely provide a good indication of the expert s courtroom experience. It may be inadvisable to retain an expert whose past experience has been confined solely to testifying for plaintiffs or defendants. They can appear biased from the outset. If the expert has a reputation for being plaintiff oriented for example, opposing counsel who have researched that record and may be in a position to object to the expert s evidence on the basis of bias. Although it may not be likely that the expert s evidence will be ruled inadmissible, the appearance of such bias or favourable disposition to one party may affect the weight that will be given to his evidence, since it places the objectivity of such evidence into question. Assisting The Expert in Being An Effective Courtroom Witness Experts must be qualified and independent, but it is helpful, if not essential, that they also have effective communication skills. Effective communication skills on the part of an expert are important throughout the litigation process, especially at the following three stages: when educating counsel prior to trial when educating the fact-finder during trial; and, during cross-examination. 22 The most highly qualified expert will be of little value if that expert lacks the ability to effectively communicate her opinion in a precise, clear and cogent manner: 22 James H. Seckinger, Presenting Expert Testimony Canadian Bar Association Conference, May 1 and 2, 1992, Advocacy 92: The Changing Role of the Expert Witness at 39 [Seckinger]; Morrison and Bryant, supra at p.5.
10 Although the independence, integrity and strength of the expert s opinion is critical, the value of the opinion is diminished if it cannot be effectively communicated to the fact-finder at trial. 23 The issue upon which experts are retained to opine are usually complex and often times technical. It is advisable to remind your expert that the concepts and terminology that are familiar to him will not be familiar to the trier of fact, and it is best to use plain language and break down complex and technical concepts into simplified parts. When preparing an expert for trial, work with the expert to ensure that her testimony is presented in a sequence with which he or she feels most comfortable. Doing so helps to ensure that the expert does not become flustered or forget an important point. Although counsel is likely to catch any missed points, it is often most effective when the information appears to come naturally as opposed to being coaxed by counsel. Moreover, as with any other witness, the testimony of the expert will appear more confident if the expert is in his comfort zone and this will affect how credible the expert is perceived to be. During pre-trial preparation of the expert, ensure that any weaknesses in the expert s opinion are put to him so that he will not be taken by surprise by opposing counsel once he is in the box. Some tips to ensure that your expert is able to effectively communicate his opinion to the fact-finder include: ensuring that the expert makes eye contact with the trier of fact rather than the lawyer when giving evidence; instructing the expert to use clear, concise and plain language when discussing complex and technical concepts; avoid jargon familiar to the expert and his or her peers but not to the Court having the expert give viva voce evidence in a conversational manner; 23 Ibid [Seckinger] at 39.
11 allowing the expert to present his evidence in a sequence that is most comfortable for him; and having demonstrative evidence available to the expert. 24 During the pre-trial preparation stage of the action, the expert should be apprised of all the relevant facts and issues of the case, whether helpful or harmful and whether or not they are pertinent to his particular evidence. Fully informing your expert of all the relevant facts and issues will safeguard against the expert being taken by surprise or inadvertently appearing to lack independence because he avoided unpleasant facts. The Objective and Independent Expert The opinion of an expert who lacks independence and objectivity, whether actual or perceived, will likely be given little weight and in some cases, may be ruled inadmissible. As noted above, an expert with a reputation amongst lawyers and her peers as always testifying to one side or another may be perceived as biased to one party over the other and this lack of objectivity may affect the weight to be given to her testimony. In the pre-trial preparation stages of the litigation, the expert must conduct an independent examination of the issues at hand. 25 While it may be acceptable for the lawyer to explain the theory of the case that he or she will pursue, it is ultimately the job of the expert to objectively assess the facts that underlie that theory and come to his own conclusions based on the available information. It goes without saying that counsel will seek out an expert that supports the theory of the client s case. However, even the strongest endorsement by an expert of a theory that helps the client s case will be wasted if the expert appears to be nothing but a gun for hire willing to say anything he is paid to say. To that end, it is important to ensure that there are no personal circumstances that would render the retainer of the expert 24 The use of demonstrative evidence is discussed further below. 25 Morrison and Bryant, supra note 19 at p. 5. Appendix A contains a list of databases which may be helpful in locating experts.
12 inadvisable, such as the expert having a stake in the client s business, or demanding an exorbitant fee to appear. 26 When determining the appropriateness of retaining a particular expert, the lawyer should enquire into the expert s background, associations and memberships. The duty of the expert is to assist the court in its truth finding function and an expert who lacks the requisite objectivity and impartiality will jeopardize this mandate and imperil his own professional reputation. It is essential when retaining an expert that the lawyer be aware of the expert s duties as set down in Rule Expert evidence has been ruled inadmissible on the basis of bias where the expert retained has been deeply involved in the litigious matter for a prolonged period of time and has through this involvement become an advocate for the party by which he has been retained. 27 Exorbitant retainer and contingency fees have been found to preclude the expert from being neutral and objective. 28 Actual bias is not necessary when the independence and objectivity of the expert is being challenged; the appearance of bias will suffice to affect the weight or admissibility of expert evidence. Regardless of how unbiased the expert s conclusions are, where a reasonable person, informed of the relevant facts might think that the circumstances may be capable of affecting the expert s views, the evidence ought not to be admitted. 29 Properly Qualifying Your Expert Introducing your expert witness to the court is not simply a technical formality. Rather, it is the key to safeguarding the expert evidence against any challenges by opposing counsel based on lack of, or insufficient, qualifications. Simply launching directly into the substantive 26 Wright, supra note 1 at p Ibid. 28 Bank of Montreal v. Citak, [2001] O.J. No. 1096; See also Brampton Vee World Motors Ltd. v. R (2004), 2004 CarswellNat 4951; Schreiber v. R. (2004), , (sub nom. R v. Eurocopter Canada Ltd.) 185 C.C.C. (3d) 233 (S.C.J.) past relationships do not necessarily act as a complete bar to the expert evidence, but may affect the weight 29 Liverpool Roman Catholic Archdiocese Trustees v. Goldberg (No. 2), [2001] 4 All E.R. 951; Expert Essentials Conference of the Advocates Society (CLE), (February 15, 2005).
13 evidence of the expert will provide opposing counsel the opportunity to challenge the admissibility of the evidence on the basis that no foundation for the expert s opinion has been established. An inadequate introduction of the expert may limit the weight given to the expert evidence. For example, merely introducing an expert as an accountant will likely be deficient to demonstrate the requisite expertise required to render an opinion on complex actuarial issues. 30 It is highly advisable that the expert be qualified in all areas for which the expert will be rendering her opinion. It is advisable to have thoroughly reviewed the expert s curriculum vitae with the expert prior to trial and to identify any publications, speeches, and practical experiences that are directly relevant to the issues to which the expert will be opining. The following framework for qualifying the expert is a useful guide: 31 (a) identify the expert s training and experience applicable to the expert s evidence (either by asking direct questions or guiding the expert through his curriculum vitae) making sure to highlight all relevant: (i) (ii) (iii) (iv) (v) (vi) (vii) academic credentials; posts, if any, which the expert holds; academic and practical experience; positions in professional organizations and on committees; executive positions held within the profession; professional recognition and honours; publications written by the expert pertaining to the particular field of expertise, giving the dates and names of the publisher or publication in which they appear; and 30 Dealing with Experts in the Box a demonstration prepared by Justice Stephan Goudge (Ont. C.A.), Michael Barrack (McCarthy Tétrault LLP), Ron Dimock (Dimock, Stratoon, Clarizio LLP) and Bob Martin (Pricewaterhouse Cooper) for The Advocates Society CLE conference Expert Essentials (Toronto: February 15, 2005) 31 This list was developed out the Advocates Society s 2004 Expert Evidence program chaired by Barry Leon (Torys LLP) and Bonnie A. Tough (Tough & Podrebarac LLP) with the assistance of Saro Sarmazian (student-at-law, Torys LLP).
14 (viii) appointments to lectureship. 32 (b) (c) (d) (e) have the expert provide the contextual framework for the testimony (i.e.: a description of the investigation or examination that the expert was retained to do); relate the expert s expertise to the issues in the case to which the expert will opine; permit the expert to discuss more fully the material aspects of his curriculum vitae and guide him through the less material parts; and advise the expert that modesty is not always a virtue-the expert should be confident to speak about his experiences and training. It is important to highlight the most relevant aspects of the expert s curriculum vitae rather than canvassing every minute detail. At the time that the expert is qualified before the court, his curriculum vitae will be entered as an exhibit and the fact finder will have it at its disposal for reference if need be. The expert s curriculum vitae should, therefore, contain all the information about the expert that is pertinent to his qualifications and the issues at hand. Even if offered the opportunity by opposing counsel, do not forego spending some time qualifying your expert. It is the first chance you have to introduce him to court, demonstrate his expertise, and get him comfortable on the stand. Conclusion An expert who understands the basic concepts concerning his or her role as an expert will be of true assistance to the Court. They will not be misled by the adversarial process and will be able to focus on the task at hand; imparting specialized knowledge on a matter of relevance in an independent and unbiased manner. 32 Freiman and Berenblut, supra note 16 at p. 37.
Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association
Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion
More informationWHAT NEEDS TO KNOW EVERY PROSPECTIVE EXPERT WITNESS THE LAW OF EXPERT EVIDENCE: Expert Witness Academy. April 28 April 30, 2011.
at The Advocates' Society Presented Expert Witness Academy National C. Murray Andrew LLP Lerners & Solicitors Barristers Box 2335 PO ON N6A 4G4 London 519.640.6313 Phone: LAW OF EXPERT EVIDENCE: THE EVERY
More informationPROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE
PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE ) - \ These materials were prepared by Jeffrey Scott of.jeffreyd. Scott Legal Professional Corporation,. Regina, Saskatch13wan for the
More informationExpert Witnesses in the Federal Courts A Discussion Paper of the Federal Courts Rules Committee on Expert Witnesses
Expert Witnesses in the Federal Courts A Discussion Paper of the Federal Courts Rules Committee on Expert Witnesses Background The role of the expert witness is to assist the court through the provision
More informationMoore v. Getahun: Practical Questions About Expert Witness Interactions Paul J. Pape and Joanna Nairn
Moore v. Getahun: Practical Questions About Expert Witness Interactions Paul J. Pape and Joanna Nairn I. Introduction In January 2015, the Court of Appeal released its highly-anticipated decision in Moore
More informationExpert Demonstrative Evidence. by Richard M. Bogoroch and Melanie A. Larock. Bogoroch & Associates
Expert Demonstrative Evidence by Richard M. Bogoroch and Melanie A. Larock Bogoroch & Associates Introduction Expert evidence is critical to the outcome of a personal injury case. As the reliance of expert
More informationWriting an Effective Expert Report: The Nuts and Bolts of Complying with Rule 53.03
Writing an Effective Expert Report: The Nuts and Bolts of Complying with Rule 53.03 Adam R. Little Partner Oatley Vigmond 2 Introduction Most lawsuits settle. It is therefore quite infrequent that an expert
More informationThe Shifting Landscape for Treating Professionals Giving Evidence: The Implications of Westerhof and Moore
The Shifting Landscape for Treating Professionals Giving Evidence: The Implications of Westerhof and Moore PIA Practical Strategies for Experts: The Shifting Landscape October 23, 2014 The Carlu Rikin
More informationBECOMING AN EXPERT AS AN EXPERT WITNESS
Whether you are anticipating your first courtroom experience as an expert or are highly familiar with the rigors of the witness stand, being an effective and successful expert is a critical skill for anti-fraud
More informationFACTORS TO CONSIDER WHEN RETAINING MEDICAL EXPERTS IN PROFESSIONAL LIABILITY AND PERSONAL INJURY CASES
FACTORS TO CONSIDER WHEN RETAINING MEDICAL EXPERTS IN PROFESSIONAL LIABILITY AND PERSONAL INJURY CASES Gary Srebrolow 416.597.4875 gsrebrolow@blaney.com Factors to Consider When Retaining Medical Experts
More informationLaw Office Searches: A Primer 1. Ian R. Smith Fenton, Smith Barristers Toronto, Ontario
Law Office Searches: A Primer 1 by Ian R. Smith Fenton, Smith Barristers Toronto, Ontario Introduction This paper is intended for the lawyer who finds him- or herself in the following unpleasant situation:
More informationTECHNIQUES IN CROSSING THE SCIENTIFIC WITNESS
TECHNIQUES IN CROSSING THE SCIENTIFIC WITNESS by Jane Clark 2011 CBA Spring Advocacy Program Advocacy for the Courts in Intellectual Property Matters: The Art of Cross-Examination Ottawa, May 5, 2011 Jane
More informationWorking with an Expert
EXPERT EVIDENCE PAPER 2.1 Working with an Expert These materials were prepared by Leslie J. Mackoff of Mackoff & Company, Vancouver, BC for the Continuing Legal Education Society of British Columbia, October
More informationINFORMATION PACKAGE CONCERNING EXPERT OPINION EVIDENCE IN BRITISH COLUMBIA EFFECTIVE
INFORMATION PACKAGE CONCERNING EXPERT OPINION EVIDENCE IN BRITISH COLUMBIA EFFECTIVE July 1, 2010 CONTENTS Introduction..iii Major changes in the new Rules...1 Deadlines imposed by Part 11...2 Glossary
More informationCOURT PRACTICE AND PROCEDURE FOR EXPERTS
COURT PRACTICE AND PROCEDURE FOR EXPERTS Justice Peter Biscoe 1. It is a pleasure to present this paper to the Environmental Institute of Australia and New Zealand s Professional Environmental Practice
More informationHow To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider
April, 2011 VOL. 5, ISSUE 2 How To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider Cary N. Schneider is a partner at Beard Winter LLP who specializes in accident benefit and
More informationGuidelines for Guardians ad Litem for Children in Family Court
Guidelines for Guardians ad Litem for Children in Family Court Preamble The following are guidelines for attorneys and non-lawyer volunteers appointed as guardians ad litem for children in most family
More informationNew York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack
New York Law Journal Tuesday, August 22, 2000 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack Ben B. Rubinowitz and Evan Torgan BODY: Expert testimony adds a
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2
More informationMSPB HEARING GUIDE TABLE OF CONTENTS. Introduction... 1. Pre-Hearing Preparation... 2. Preparation of Witness... 4. Preparation of Documents...
MSPB HEARING GUIDE TABLE OF CONTENTS Introduction........................................................ 1 Pre-Hearing Preparation............................................... 2 Preparation of Witness................................................
More informationGuidance for the instruction of experts in civil claims
Guidance for the instruction of experts in civil claims Introduction 1. The purpose of this guidance is to assist litigants, those instructing experts and experts to understand best practice in complying
More informationTHE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS
THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601
More information(416) 601-2384 (416) 867-2446 RETAINING FILE IN PERSONAL INJURY LITIGATION THE EXPERT AND PRODUCTION OF THE EXPERT'S. Toronto, Neii P.
THE EXPERT AND PRODUCTION OF THE RETAINING FILE IN PERSONAL INJURY LITIGATION EXPERT'S LLP Lerners 2400 Suite Adelaide Street West 130 Ontario M5H 3P5 Toronto, (416) 601-2384 Tel (416) 867-2446 Fax: Neii
More informationBUSINESS VALUATION 101. Legal Counsel Communications with Expert Witnesses
2015 Legal Counsel Communications with Expert Witnesses 1 Legal Counsel Communications with Expert Witnesses 2 The role of the expert witness continues to be a hot topic of discussion. Two recent decisions
More informationLegal Aid Ontario. Complex Case Rate (CCR) policy
Legal Aid Ontario Complex Case Rate (CCR) policy Legal Aid Ontario Complex Case Rate (CCR) policy Title: Complex Case Rate (CCR) policy Author: Legal Aid Ontario Last updated: June 13, 2012 Table of Contents
More informationManagerial Strategies for Dealing With Pro Se Employment Lawsuit
Management-Side Strategies for Handling the Pro Se Employment Litigant By Mark M. Whitney i As someone who litigates employment claims on behalf of management primarily in state and federal courts, one
More informationExperts in Environmental Litigation
Experts in Environmental Litigation Marc McAree Partner, Specialist in Environmental Law Certified by the Law Society of Upper Canada Willms & Shier Environmental Lawyers LLP www.willmsshier.com Law Society
More informationFormer Law Office of Vincent DiCarlo
Former Law Office of Vincent DiCarlo As of September 1, 2008,Vincent DiCarlo is no longer engaged in the private practice of law. This site is no longer maintained, may no longer be accurate, and is provided
More informationCOMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401
09-EV-01 9 COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401 ARTICLE IV. RELEVANCY AND ITS ARTICLE IV. RELEVANCY AND LIMITS
More informationA Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients
A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP
More informationNOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
More informationAn action brought against an attorney alleging negligence in the practice of
5.51 LEGAL MALPRACTICE (Approved 6/79) CHARGE 5.51A Page 1 of 9 A. General Duty Owing An action brought against an attorney alleging negligence in the practice of law is referred to as a malpractice action.
More informationSTEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.
STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.
More informationExpert Witnesses: Scotland
Expert Witnesses: Scotland 1.When is expert evidence admissible? An ordinary witness must, as a rule, confine himself to matters of fact which are within his own direct knowledge. By contrast, the opinion
More informationTrial Practice and Procedure WILLIAM VEEN
Trial Practice and Procedure www.plaintiffmagazine.com Annuity costs don t equal damages Caution: Calculating the present value of future damages by using the cost of an annuity can be injurious to your
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Toor v. Harding, 2013 BCSC 1202 Amrit Toor and Intech Engineering Ltd. Date: 20130705 Docket: S125365 Registry: Vancouver Plaintiffs Thomas
More informationThe Effect of Product Safety Regulatory Compliance
PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere
More informationTYPES OF EXPERTS. Psychological/Psychiatric Experts are used to determine the mental health of the parties and/or children.
WORKING WITH EXPERTS IN FAMILY COURT by J. Benjamin Stevens and Jenny R. Stevens The Stevens Firm, P.A. Family Law Center 349 E. Main Street, Suite 200, Spartanburg, SC 29302 www.scfamilylaw.com :: (864)
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationAssume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ):
ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file
More informationAdvisory Committee on Professional Ethics. Appointed by the Supreme Court of New Jersey
N.J.L.J. N.J.L. Opinion 699 Advisory Committee on Professional Ethics Collaborative Law Advisory Committee on Professional Ethics Appointed by the Supreme Court of New Jersey This inquiry involves application
More informationCase 3:09-cv-00432-HEH Document 77 Filed 02/19/2010 Page 1 of 7
Case 3:09-cv-00432-HEH Document 77 Filed 02/19/2010 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY, Plaintiff,
More informationThe John Crane Decision: What It Means and What It Does Not Mean
The John Crane Decision: What It Means and What It Does Not Mean By Roger T. Creager Virginia attorneys have been reviewing their expert disclosures more carefully to make certain they are sufficient under
More information2013 IL App. (1st) 122221-U. No. 1-12-2221 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2013 IL App. (1st 122221-U THIRD DIVISION June 26, 2013 No. 1-12-2221 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
More informationWhat to Expect In Your Lawsuit
What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.
More informationIf the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result.
VICTIMS OF CRIME If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result. Introduction - John Abrams The Attorney
More informationEvaluating a Medical Malpractice Case
Evaluating a Medical Malpractice Case As a consumer justice attorney, I have the privilege of representing and helping people through difficult times every day. Oftentimes, my clients are horrifically
More informationTaking an Expert Witness Deposition like an Expert
Taking an Expert Witness Deposition like an Expert Lynn R. Levitan Crowell & Moring LLP 515 South Flower Street, 40 th Floor Los Angeles, CA 90071 (213) 622-4750 Lynn R. Levitan is a counsel in Crowell
More informationThe Defense Lawyer s Tool Kit For Working With Medical Experts
The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office
More informationLegal view of digital evidence
Chapter 2 Legal view of digital evidence Before developing a model or a theory, it is important to understand the requirements of the domain in which the model or the theory is going to be used. The ultimate
More informationJURY INSTRUCTIONS. 2.4 Willful Maintenance of Monopoly Power
JURY INSTRUCTIONS PRELIMINARY INSTRUCTIONS 1. ANTITRUST CLAIMS 2. Elements of Monopoly Claim 2.1 Definition of Monopoly Power 2.2 Relevant Market 2.3 Existence of Monopoly Power 2.4 Willful Maintenance
More informationINQUIRY REPORT File #s 10-021AR, 10-022AR, 10-025AR and 10-026AR. Michael McEvoy Acting Information and Privacy Commissioner
INQUIRY REPORT File #s 10-021AR, 10-022AR, 10-025AR and 10-026AR Michael McEvoy Acting Information and Privacy Commissioner Public Body: Date: May 22, 2012 DEPARTMENT OF JUSTICE ENERGY, MINES AND RESOURCES
More informationACTUARIAL CALCULATIONS IN CONNECTION WITH PERSONAL INJURY CLAIMS
ACTUARIAL CALCULATIONS IN CONNECTION WITH PERSONAL INJURY CLAIMS Prepared by Ian M. Karp, F.S.A., F.C.I.A., March, 2003 for posting to www.karpactuarial.com. The original version of this document was used
More informationTHE ROLE OF AN EXPERT WITNESS
THE ROLE OF AN EXPERT WITNESS What is an Expert Witness? An expert witness is a person who has specific knowledge, training, education, skills, and/or experience that is superior to that of the average
More informationMEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys
MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest
More informationExpert Witnesses. looking back thinking forward. The Honourable Madam Justice Jane A. Milanetti. Ontario Superior Court of Justice.
Expert Witnesses looking back thinking forward The Honourable Madam Justice Jane A. Milanetti Ontario Superior Court of Justice April 2011 (With sincere thanks to Christine A. Jackson, Judicial Law Clerk
More informationETHICAL CONSIDERATIONS IN ALTERNATIVE FEE AGREEMENTS FOR THE DEFENSE LAWYER
ETHICAL CONSIDERATIONS IN ALTERNATIVE FEE AGREEMENTS FOR THE DEFENSE LAWYER BRIAN P. VOKE CAMPBELL CAMPBELL & EDWARDS ONE CONSTITUTION PLAZA BOSTON, MA 02129 (617) 241-3000 bvoke@campbell-trial-lawyers.com
More informationSTATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee,
IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee, v. THE HONORABLE RONALD KARP, Justice of the Peace Pro Tempore,
More informationThe Land Surveyor as Expert Witness
PDHonline Course P141 (1 PDH) The Land Surveyor as Expert Witness Instructor: Thomas Strong, P.L.S. 2012 PDH Online PDH Center 5272 Meadow Estates Drive Fairfax, VA 22030-6658 Phone & Fax: 703-988-0088
More informationOPINION Richard B. Klein DATE: June 14, 2001. Plaintiff, Patricia Daniels, filed this lawsuit on behalf of
PATRICIA DANIELS, p/n/g of : PHILADELPHIA COUNTY RODERICK STERLING, a minor : COURT OF COMMON PLEAS : TRIAL DIVISION v. : June Term, 1996 : HOSPITAL OF PHILADELPHIA : NO. 2450 COLLEGE OF OSTEOPATHIC :
More informationhttp://www.xmission.com/~sgolding/publications/sgfp.htm
Page 1 of 12 SPECIALTY GUIDELINES FOR FORENSIC PSYCHOLOGISTS Committee on Ethical Guidelines for Forensic Psychologists Division 41 American Psychological Association March 9, 1991 Introduction The Specialty
More informationAdvice Note. An overview of civil proceedings in England. Introduction
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
More informationChapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573
6 CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 569 Introduction 26.1 This chapter deals with the ability of substitute decision makers to
More informationSettlement. conference; Tips for Judges
Settlement Conference Tips for Judges (with a Form and a List of Things Lawyers Should NOT Do) Hon. Morton Denlow Most cases eventually settle. The guidance offered by the judge at the settlement conference
More informationSUPERIOR COURT OF THE STATE OF DELAWARE
SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES SUSSEX COUNTY COURTHOUSE JUDGE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 TELEPHONE (302) 856-5264 February 20, 2014 Bradley J. Goewert, Esq. Thomas
More informationRepresenting Yourself. Your Family Law Trial
Representing Yourself at Your Family Law Trial - A Guide - June 2013 REPRESENTING YOURSELF AT YOUR FAMILY LAW TRIAL IN THE ONTARIO COURT OF JUSTICE This is intended to help you represent yourself in a
More informationYour Voice in Criminal Court
Your Voice in Criminal Court a guide to court orientation for adult witnesses INFORMATION + RESOURCES FOR VICTIM SERVICE WORKERS introduction Victim Service Workers have an important role to play in the
More informationProtocol for the Instruction of Experts to give Evidence in Civil Claims
Protocol for the Instruction of Experts to give Evidence in Civil Claims June 2005 amended October 2009 CONTENTS Page No. 1. Introduction... 3 2. Aims of Protocol... 3 3. Application 4 Limitation. 4 4.
More informationWhat Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?
SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court
More informationAmendments to the Rules to Civil Procedure: Yours to E-Discover. Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP
Amendments to the Rules to Civil Procedure: Yours to E-Discover Prepared by Christopher M. Bartlett Cassels Brock & Blackwell LLP September 25, 2009 Amendments to the Rules of Civil Procedure: Yours to
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES HILL, JR., No. 381, 2011 Plaintiff Below, Appellant, Court Below: Superior Court v. of the State of Delaware, in and for New Castle County RICHARD P.
More informationQUALIFICATIONS, PRESENTATION AND CHALLENGES TO EXPERT TESTIMONY-DAUBERT (i.e. is a DFPS caseworker an expert) PRESENTED TO:
QUALIFICATIONS, PRESENTATION AND CHALLENGES TO EXPERT TESTIMONY-DAUBERT (i.e. is a DFPS caseworker an expert) PRESENTED TO: 6TH ANNUAL: ADJUSTING THE BAR: THE DEFINITIVE AD LITEM SEMINAR IN DFPS CASES
More informationQuestion 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.
Question 5 Attorney mailed a professional announcement to several local physicians, listing his name and address and his area of law practice as personal injury. Doctor received Attorney s announcement
More informationTHE IMPACT OF DAY IN THE LIFE VIDEOS IN CATASTROPHIC INJURY CASES
THE IMPACT OF DAY IN THE LIFE VIDEOS IN CATASTROPHIC INJURY CASES Presented and Prepared by: Roger R. Clayton rclayton@heylroyster.com Peoria, Illinois 309.676.0400 Prepared with the Assistance of: J.
More information*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)
NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule
More informationTORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians
This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and
More informationGUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT
NEW YORK STATE SUPREME COURT APPELLATE DIVISION, FOURTH DEPARTMENT HONORABLE HENRY J. SCUDDER PRESIDING JUSTICE GUIDELINES FOR ATTORNEYS FOR CHILDREN IN THE FOURTH DEPARTMENT PREFACE The Departmental Advisory
More informationSUPREME COURT OF ARKANSAS No. 12-408
SUPREME COURT OF ARKANSAS No. 12-408 JAMES K. MEADOR V. APPELLANT T O T A L C O M P L I A N C E CONSULTANTS, INC., AND BILL MEDLEY APPELLEES Opinion Delivered January 31, 2013 APPEAL FROM THE BENTON COUNTY
More informationVirtual Mentor American Medical Association Journal of Ethics January 2013, Volume 15, Number 1: 46-50.
Virtual Mentor American Medical Association Journal of Ethics January 2013, Volume 15, Number 1: 46-50. HEALTH LAW Medicine, the Law, and Conceptions of Evidence Valarie Blake, JD, MA Evidence-based medicine
More informationFactors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability
Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on
More informationSTEPS IN A MOCK TRIAL
STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge
More informationNotes on Capacity to Instruct Counsel
Notes on Capacity to Instruct Counsel 1 By Ed Montigny 1 OVERVIEW In Ontario, the presumption is that an adult client is capable of instructing counsel. This presumption is not rebutted by the mere fact
More informationFederation of Law Societies of Canada
Submission to the Standing Committee on Public Safety and National Security in respect of Bill C-44, An Act to Amend the Canadian Security Intelligence Service Act and other Acts Federation of Law Societies
More informationJAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT
[2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN
More informationSATISFYING THE GATEKEEPER A GUIDE TO ATTORNEYS FEES IN PROBATE CASES By Charles T. Newland
SATISFYING THE GATEKEEPER A GUIDE TO ATTORNEYS FEES IN PROBATE CASES By Charles T. Newland I. Introduction. Like any legal matter, the Illinois Rules of Professional Conduct is the guiding light for attorney
More informationSUPREME COURT OF WISCONSIN
SUPREME COURT OF WISCONSIN 2008 WI 37 NOTICE This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 07-12 In the matter
More informationIN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON
More informationINTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N
INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the
More informationHow to Prepare for your Deposition in a Personal Injury Case
How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,
More informationHow To Be Tried In A Court In Canada
Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
Case 6:09-cv-01968-PCF-KRS Document 222 Filed 06/29/11 Page 1 of 13 PageID 3127 VOTER VERIFIED, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION -vs- Case No. 6:09-cv-1968-Orl-19KRS
More informationNEGOTIATION AND SETTLEMENT TECHNIQUES DURING TRIAL. It is trite, but none the less true, that success at anything during trial is highly
NEGOTIATION AND SETTLEMENT TECHNIQUES DURING TRIAL It is trite, but none the less true, that success at anything during trial is highly dependent on preparation. In the first place, it is preparation that
More informationThe Road to E-Discovery: More Garden Path, Less Mountain Climb?
The Road to E-Discovery: More Garden Path, Less Mountain Climb? By Daniela Bassan January 2016 1 Any discussion of e-discovery in Canada including how to make the process more efficient and user-friendly
More informationMedical Malpractice Litigation. What to Expect as a Defendant
Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.
More information1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )
Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO
Filed 1/26/16 Marriage of Rissas CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
More informationDISCLOSURE BY THE CROWN IN CRIMINAL CASES FIRST ISSUED: DECEMBER 23, 1999
DOCUMENT TITLE: DISCLOSURE BY THE CROWN IN CRIMINAL CASES NATURE OF DOCUMENT: AG DIRECTIVE FIRST ISSUED: DECEMBER 23, 1999 ADDENDA: 1. Practice Note Re Certain Photographs and Recordings 2. Practice Note
More informationHow To Appeal To The Supreme Court In North Carolina
QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The
More informationRole Preparation. Preparing for a Mock Trial
Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13
More informationSample. Session 4: Case Analysis & Planning. Identify potential legal and non-legal options for achieving client goals
Session Goals Session 4: Case Analysis & Planning Demonstrate ability to clarify client s goals Identify potential legal and non-legal options for achieving client goals Evaluate legal options using a
More information