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NYSBA | Zealous Representation: Ethical Limits & Trail Techniques (2007) = 15

Zealous Representation: Ethical Limits & Trail Techniques (2007)

Non-Member Price:	$170.00
Member Price:	$95.00

Stock Status:	In Stock
Product Code:	80734

Product Description

PRODUCT DESCRIPTION

Live Program Held: Friday, May 11, 2007 - Albany

Litigators owe their clients a duty of zealous advocacy and must present the strongest legally legitimate evidence to a court and jury, in furtherance of a client’s interest under applicable law. What one attorney considers zealous conduct might seem overzealous to another - or to a court or disciplinary panel.

When does zealous advocacy and “pushing the envelope” cross the line and become an ethical violation? How do you reconcile your role as officer of the court with that of the zealous advocate?

The Criminal Justice Section and the Committee on Continuing Legal Education are pleased to present Zealous Representation: Ethical Limits and Trial Techniques.

Starting with an overview of ethical limits, this seminar will feature an experienced panel of experts and practitioners examining the tension between being ethical and zealously defending a client charged with a crime.
Attendees will learn about the major areas where ethical dilemmas arise and learn ways to avoid the most common ethical pitfalls.

The panelists will explore following duties:

• Duty to the client’s interest
• Duty to the court as an officer of the Court
• Duty to the pursuit of justice

The second half of the program will cover trial strategies, methods and techniques within the ambit of the ethic. Registrants will gain insights on jury selection, communication styles, use of themes, and storytelling techniques.

You will learn to advance your client’s interest zealously within the bounds of the law and become a better trial lawyer. New and experienced attorneys alike will benefit from this program’s coverage of all the major aspects of a trial.

Agenda

PART ONE: ETHICAL LIMITS ON ZEALOUS ADVOCACY (118 min.)

A. Ethical Issues Pertaining to Counsel’s Contacts with Witnesses
—Contacting Unrepresented Witnesses
—Urging Witnesses to Refrain From Cooperating With the Adverse Party
—Offering Legal Advice to Witnesses
—Tape Recording Witnesses

B. Honesty in Litigation: Counsel’s Obligation of Candor to the Tribunal
—Preventing False Testimony Made by a Client
—Correcting False Statements Made by the Client
—Correcting False Statements by Counsel
—Correcting False Statements Made by a Non-client Witness

C. Ethical Boundaries of Witness Preparation
—The Obligation to Prepare a Witness
—Informing the Witness About the Legal Elements of a Defense
—Informing the Witness About Other Evidence That May Alter His or Her Recollection of Events

PART TWO: TRIAL TECHNIQUES WITHIN THE AMBIT OF THE ETHIC (89 min.)

A. Preparation—Persuasion—and You
—Overcoming the Perfection Trap
—Unlocking Your Internal Prisoner: The Gift of Fear

B. Jury “De-Selection”
—Voir Dire: Finding Leaders and Followers
—Establishing Credibility/Rapport
—Reducing Psychological Distance From the Jury
—The Art of Listening
—The Juror Who Poisons the Panel

C. The Art of Storytelling
—Visualization Techniques
—Turning Facts Into Vivid Word Pictures
—Courtroom Geography – Persuasion Through Movement
—Non-verbal Communication

D. The Trial: Client Centered Representation in a Jury Centered Courtroom
—The Criminal Trial Notebook
—Establishing the Theory of the Case
—Anticipating Bad Facts
—Creating Timelines: Recreating the Possibilities
—Maintaining Control
—The “Kiss” Principle
—Tactical Use of Prosecution Exhibits
—Simplified Rules of Cross Examination
—Direct Examination Checklists
—Summation: Where You Want to End

PROGRAM SPEAKERS

Overall Planning
Co-Chairs

Brad Rudin, Esq.
Prisoners’ Legal Services of New York
Ithaca

Ray Kelly, Esq.
Law Offices of
Ray Kelly
Albany

Local Panel

Albany: William P. Fanciullo, Esq. (Chair), Law Office of William P. Fanciullo, Albany * Michael G. Gaynor, Esq., Committee on Professional Standards, 3rd Judicial District, Albany * Ray Kelly, Esq., Law Offices of Ray Kelly, Albany * Alfred A. O’Connor, Esq., New York State Defenders Association, Albany * Thomas J. O’Hern, Esq., Gerstenzang, O’Hern, Hickey & Gerstenzang, Albany * Brad Rudin, Esq., Staff Attorney, Prisoners’ Legal Services of New York, Ithaca.

4.0 MCLE crecdits, including 2.0 in ethics.

Each additional person who uses the tapes for MCLE credit must purchase a copy of the "MCLE coursebook."