Continuing Legal Education

Foundations, Evidence & Objections: Before Trial, During Trial, On Appeal, or After a Settlement

September 10, 2014
8:30 a.m. – 12:45 p.m.
4.00 MCLE hours, including 0.50 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Presented by Tort Law

Chicago
ISBA Chicago Regional Office
20 S Clark St, Ste 900
(map and directions)
Or Online Course

Click here to register for the LIVE program.

Click here to register for the live WEBCAST.

 

Laying foundations, introducing evidence, and responding to objections are some of the most basic facets of a lawyer’s professional role, yet these tasks can often be the most difficult part of the trial process. This seminar is designed to teach young attorneys (and remind more experienced lawyers) how to make objections, admit evidence, and preserve the record for appeal. Topics include:

  • Strategies for drafting, presenting, and arguing motions;
  • Preserving issues by making a record;
  • Knowing how and when to object during a deposition;
  • Understanding what you can and can’t do during voir dire and opening statements;
  • Using expert witness testimonies and introducing medical literature;
  • Understanding the standard objections that are frequently raised during trial;
  • Objecting to settlement release language;
  • Handling lien issues;
  • Knowing which ethical issues to consider throughout your next trial; and
  • Much more!
     

Program Coordinator/Moderator:
John L. Nisivaco, Boudreau & Nisivaco LLC, Chicago

 

Agenda

8:30 – 9:00 a.m.  Written Objections: Motions in Limine
This segment teaches you the successful strategies for drafting, presenting, and arguing motions in limine, including motions to bar and motions for admissibility.
Robert R. McNamara, Swanson Martin & Bell, LLP, Chicago
David C. Wise, Burke Wise Morrissey & Kaveny, Chicago

9:00 – 9:15 a.m.  Objections in Depositions
Learn how to object during a deposition, as well as the right time for doing so with this informative presentation. Topics include state vs. federal courts and preserving issues by making a record.
Martin J. O’Hara, Much Shelist, P.C., Chicago

9:15 – 9:30 a.m.  Objections during Jury Selections and Opening Statements
This session explores what you can and can’t do during voir dire and opening statements, discusses the use of exhibits, and shows how your opening statement is an important first step in setting the stage for stating your client’s case.
Thomas F. Boleky, Beutel, Hurst & Boleky, LLC, Chicago

9:30 – 10:00 a.m.  Laying Foundations
Don’t miss this presentation that offers actual demonstrations of laying foundations for medical records, medical bills, statements, tape recordings, photographs, accident diagrams, accident reconstruction, business records, medical literature, impeachment, and refreshing recollection.
Martin L. Glink, Law Office of Martin L. Glink, Arlington Heights
William G. Warshaw, Bruce Farrel Dorn & Associates, Chicago

10:00 – 10:15 a.m.  Break (refreshments provided)

10:15 – 11:00 a.m.  Presenting Expert Witness Opinion Testimony and Supporting Evidence
This insightful segment provides hypothetical scenarios and each speaker’s personal practices when presenting an expert witness to the jury. Learn how to admit evidence of standards or guidelines, to use inadmissible medical literature, and to offer or exclude evidence of informed consent as a defense.
Kurt D. Lloyd, Lloyd Law Group Ltd., Chicago
Robert W. Smyth, Jr., Donohue Brown Mathewson & Smyth, Chicago

11:00 – 11:30 a.m.  Trial Objections
This comprehensive overview explores the standard objections that are frequently raised during trial and how to effectively present an objection of your own. Additional topics include: moving to strike; offers of proof; and sidebars/discussions outside of the presence of the jury.
Albert E. Durkin, Miroballi Durkin & Rudin, LLC, Chicago
John M. Stalmack, Ruberry, Stalmack & Garvey, LLC, Tinley Park

11:30 – 11:45 a.m.  Preserving the Record for Appeal
Learn how to preserve the record for appeal, including voir dire examination of witnesses; offers of proof; avoiding reversible error; and opening the door and waiver of appellate issues.
Leslie J. Rosen, Leslie J. Rosen, P.C., Chicago

11:45 a.m. – 12:15 p.m.  Settlement Releases, Liens & Medicare Set-Asides
This segment addresses objections to the settlement release language, how to handle lien issues, and the controversy regarding applicability of Medicare Set-Asides.
John R. Bailen, Bruce Farrel Dorn & Associates
Ronald W. Kalish, Steinberg, Goodman & Kalish, Chicago

12:15 – 12:45 p.m.  Ethical Considerations: Submitting Evidence and Trial Tactics*
Join us for an in-depth look at various hypothetical fact patterns that are discussed in terms of the applicable Rules of Professional Conduct, including: Rule 3.3 (Candor Toward the Tribunal), 3.4 (Fairness to Opposing Party & Counsel), and 4.1 (Truthfulness in Statements to Others).
Karen A. Enright, McNabola Law Group, Chicago
Hon. Thomas V. Lyons II, Circuit Court of Cook County, Chicago
William Yu, Lewis, Brisbois, Bisgaard & Smith, LLP, Chicago

 

*Professional Responsibility MCLE credit subject to approval