Direct Examination 2016

"Last Kick at the Can" Rebroadcast
Friday, December 9, 2016; 9:00 am – 4:00 pm

(Original course: Friday, April 15, 2016)

Who should attend: Both civil and criminal litigators who wish to develop, hone, or renew the skill set that is fundamental to the conduct of a trial.

Learning level: Fundamental

In the world of trial techniques, cross-examination gets a lot of attention while direct examination is usually taken for granted. It is often assumed that direct examination is a very straightforward matter; after all, it is your witness telling his or her own story is it not? Experienced counsel know that matters are not so simple. It is probably true that more cases are won or lost on direct examination than on cross-examination. In this vein, the program has as its objective the improvement of counsel’s skills in direct examination through a review of the principles and practices that underlie effective preparation and execution of direct examination.

At this course you will learn...

• how to preparing your witness: the principles, professionalism issues, and practical pointers governing this critical first step in preparing for trial
• the basics of organizing your evidence and preparing your witness to deliver it in court
• techniques that will help ensure that your case on direct is complete and delivered effectively
• techniques and strategies to manage potential problems with one’s own witnesses
• how to deal with the challenging area of re-examination, perhaps one of the most difficult issues that can arise with one’s own witness
• how to deal with a host of common procedural issues that can arise in direct examination and how to deal with the unexpected
• how to use demonstrative aides to good effect—for the witness and the trier of fact
• how to manage direct examination of expert witnesses—where the challenges are coming from a totally difference place from that of lay witnesses
• the View from the Bench: the truth about what works and does not work at trial

Law Society of BC CPD Hours: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).

Course Chairs
Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver

Pricing

"Last Kick at the Can" Rebroadcast: $475

Registration includes an electronic copy of the course materials.

SPECIAL GROUP RATES! New "plus-one" pricing!
Gather around one computer and SAVE on Live Webinar/Rebroadcast costs. Pay full price for the first registration and have each additional viewer join you for $125 per day. Contact Customer Service for more info.

CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca

Course Chairs
Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver

About the Course Chairs

Michael J. Brundrett was called to the British Columbia bar in 1992 and conducted federal prosecutions for 2½ years before joining the BC Prosecution Service in 1994. As a trial prosecutor for over 13 years, he conducted countless criminal trials in Provincial and Supreme Court in all areas of criminal law. For the last 11 years, he has conducted appeals in the Court of Appeal and the Supreme Court of Canada. Mike is a contributing author of the Working Manual of Criminal Law and has provided presentations to the Continuing Legal Education Society, the CBA, PLTC, the Fraser Valley Bar Association, Osgoode Professional Development, UBC law students, and annual Crown Counsel Conferences in criminal and constitutional law, legal writing, and advocacy.

Lisa Martz joined the local litigation boutique firm Gudmundseth Mickelson LLP early last year; she was formerly a partner at McCarthy Tétrault LLP. A litigation lawyer with more than 20 years’ experience, Lisa's diverse commercial/civil litigation and administrative law practice includes disputes involving real estate, commercial contracts of all kinds, intellectual property, technology, Aboriginal rights, defamation, and regulatory matters. She also has high-profile experience in public law, having served as commission counsel on a number of public inquiries, and as counsel for the Attorney General of BC in a range of civil litigation matters. Lisa prides herself on being a ‘problem solver: a litigator who helps her clients make strategic decisions to avoid litigation, where possible, but who is also ready to present her client’s case effectively in court where that is what solving the problem is going to take.

Faculty
The Honourable Madam Justice Catherine A. Wedge — Supreme Court of BC, Vancouver
The Honourable Judge Melissa A. Gillespie — Provincial Court of BC, Surrey
Sandra A. Cunningham, QC  — Crown Counsel, Ministry of Justice, Vancouver
Jennifer L. Francis — Fasken Martineau DuMoulin LLP, Vancouver
Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver
Eric V. Gottardi — Peck and Company, Vancouver
David E. Gruber — Farris, Vaughan Wills & Murphy LLP, Vancouver
Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver
Daniel L. Mulligan — Crown Counsel, Ministry of Justice, Vancouver
Catherine A. Murray, QC — Crown Counsel, Ministry of Justice, Vancouver
Geordie Proulx, QC — Crown Counsel, Ministry of Justice, Vancouver
Shelene Rail — Crown Counsel, Ministry of Justice, Surrey
Michael J. Slater, QC — Slater Vecchio LLP, Vancouver

Welcome and Introduction

Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Lisa Martz — Gudmundseth Mickelson LLP, Vancouver

Preparing Your Lay Witness

• ethical boundaries of witness preparation
• practical tips: what works, what doesn’t
• communicating with witnesses during trial

Moderator: Lisa Martz — Gudmundseth Mickelson LLP, Vancouver
Jennifer L. Francis — Fasken Martineau DuMoulin LLP, Vancouver
Geordie Proulx, QC — Crown Counsel, Ministry of Justice, Vancouver

Direct Examinations in Both Civil and Criminal Cases

• Part 1: strategies and tactics re the calling of witnesses and the tendering of exhibits
• Part 2: demonstration of one way of leading direct evidence
• Part 3: the art and skill of direct examination
• Part 4: demo of direct examination of same witness incorporating techniques for effective direct examination
• Part 5: managing different types of witnesses and re-examination

Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Sandra A. Cunningham, QC — Crown Counsel, Ministry of Justice, Vancouver
Catherine A. Murray, QC — Crown Counsel, Ministry of Justice, Vancouver

Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Geoffrey B. Gomery, QC — Nathanson, Schachter & Thompson LLP, Vancouver

• refreshing memory and use of past recollection recorded 
• dealing with a witness whose evidence changes on the stand
• hostile/adverse witnesses
• how to deal with a witness you have subpoenaed but haven't interviewed
• what to do if you suspect your witness is perjuring him/herself

Moderator: Michael J. Brundrett — Crown Counsel, Ministry of Justice, Vancouver
Eric V. Gottardi — Peck and Company, Vancouver
David E. Gruber — Farris, Vaughan, Wills & Murphy LLP, Vancouver