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Event Information
Live Webcast: 2021 It's All A Game: Top Trial Lawyers Tackle Evidence
February 19, 2021
Credits
N/A
MCLE: 6.00
Ethics: 1.00
Pricing
Dates
Friday, February 19, 2021Time
8:55 AM - 4:45 PMRegistration Deadline
Saturday, February 20, 2021The South Carolina Bar-CLE Division presents the 2021
"Pandemic Edition" of one of our most popular seminars. Designed and
moderated by S.C. Supreme Court Justice John Cannon Few, this innovative,
powerful, and practical seminar always takes an entertaining and insightful
look at some of the thorniest evidence problems any trial lawyer or judge could
face. This year is no exception. The trademark feature of "It's All A
Game" is the 30-minute panel discussion of the presenter's topic after the
experienced trial lawyer speaks for 30-minutes—an unforgettable and
entertaining learning experience. The "Pandemic Edition" tracks that
feature as well as possible under the difficult circumstances of early 2021.
This year, we will replay five of our most popular presentations. After each
replay, Justice Few will interview the presenter via Zoom to discuss how the
topic has evolved since it was first presented, how the presenter has evolved
as a trial lawyer (three of whom have become appellate court judges), and how
the jury trial system is enduring the pandemic. The participants this year have
all experienced significant change in their careers since their original
presentations, in Judge Quattlebaum's case thirteen years ago. Check out the agenda
and get ready for a fun-filled dynamic discussion of the law of evidence,
"Pandemic Edition."
For this year’s ethics hour, Tom Spahn will use hypotheticals to explore topics of interest to litigators (and transactional lawyers whose clients might face litigation) -- including such issues as: (1) lawyers' communications (including talking to the press about cases and criticizing judges); (2) deceptive discovery tactics (including tape recording telephone calls, and use of admittedly deceptive tactics in public interest investigations such as housing discrimination tests, and in purely commercial investigations); (3) dealing with fact witnesses (including the permissibility of paying fact witnesses for their time, and preparing them for testimony); (4) claims (including "ghostwriting" pleadings, and filing knowingly time-barred claims); (5) settlements (including acceptable levels of deception during settlement negotiations, silence about the law and facts, and the enforceability of settlement agreements); (6) dealing with courts (including the duty to disclose unfavorable facts and law).
This program qualifies for 6.0 MLCE credit hours,
including up to 1.0 LEPR credit hour.
Please note this program will NOT be archived and available for on-demand viewing until AFTER the March 1, MCLE Compliance Deadline.
The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.
Registration Fees
Price Description | Amount |
---|
Agenda
Speakers
Name | Organization | Speaking At |
---|---|---|
A. Quattlebaum | U.S. Court of Appeals | - |
Andrew Moorman | Moorman Law Firm, LLC | - |
Blake Hewitt | S.C. Court of Appeals | - |
Breon Walker | The Stanley Law Group, PA | - |
John Few | S.C. Supreme Court | - |
Julius Richardson | Fourth Circuit U.S. Court of Appeals | - |
Meghan Dayson | S.C. State Ethics Commission | - |
Thomas Spahn | McGuire Woods | - |
Policy
Continuing Education
Agenda
8:50 a.m.
Welcome and Opening
Remarks
The
Honorable John Cannon Few
Justice,
Supreme Court of South Carolina, Charleston
9:00 a.m.
The Sound of Silence:
The Fifth Amendment and the Right to Remain Silent
Andrew
B. Moorman Sr.
Moorman
Law Firm, Greenville
Original Presentation
Description (2020): The
Fifth Amendment guarantee of the right to remain silent is a complicated, often
misunderstood right. We will explore the use of the Fifth Amendment by the
State to create evidence against your client, and how defense counsel can use
the assertion by other defendants or witnesses to the advantage of the
defendant on trial.
10:00 a.m.
You Can't Handle the Truth!!!: Effective ways for dealing
with difficult, hostile or adverse witnesses
Breon
C.M. Walker
The
Stanley Law Group, P.A., Columbia
He's Quite a Character,
Have You Heard What He's Done?: The use
of character in criminal trials, how
a prosecutor plans to use it in her case in chief, and what (if anything) you
can do about it!
Meghan
L. Walker
Executive
Director, South Carolina State Ethics Commission, Columbia
Presentation
Description: The
dynamic Walker sisters will join us to recount their presentations in 2014, to
discuss how these topics have changed, and to discuss how their careers have
changed (dramatically) in the years since.
11:00 a.m.
Break
11:15 a.m.
Forensic Interviews and Child Hearsay Statutes: What's
Fair, What's Foul, and Are More Problems
Yet to Come?
The
Honorable Blake A. Hewitt
South
Carolina Court of Appeals, Conway
Original Presentation Description
(2015): Don
Henley famously sang that lawyers deal in small details. This disclaimer finds
voice in many areas, but none more so that the evolving area of when and why
certain out of court statements made by a young child may be admitted into
evidence. Some questions in this area
seem to have settled answers, but other issues are less clear, either because
the court has avoided confronting them or because nobody has raised them. We
will explore this area, cover the things that seem established, and tug at the
edges of issues that are yet to come.
12:15 p.m.
Lunch Break
1:30 p.m.
Managing the Changing Scope of Relevance in a Trial: Innovative
Challenges to Traditional Concept
of Admissibility?
The
Honorable A. Marvin Quattlebaum Jr.
United
States Court of Appeals for the Fourth Circuit, Greenville
Original Presentation
Description (2008):
The rules on admissibility of subsequent remedial measures, seat belt usage,
similar claims and settlements, and other instances of defect are often
considered well settled. But are they really? How can the admissibility of this
type of evidence be expanded or narrowed during a trial? What are the strategic
implications of whether, when and how to pursue these approaches?
2:30 p.m.
With Friends like These, Who Needs Enemies: The
Admissibility of Co-Conspirator Statements and
Statements Against Interest
The
Honorable Julius "Jay" N. Richardson
United
States Court of Appeals for the Fourth Circuit, Columbia
Original Presentation
Description (2012):
While co-conspirators, co-defendants, and friends may refuse to testify, their
prior statements could be admissible to prove (or disprove) a criminal
defendant's guilt. We will look at what the Rules require (including how the SC
Rule on statements against penal interest differs from the Federal Rule), how
the Confrontation Clause limits the Rules, and when such statements should be
admitted.
3:30 p.m.
Break
3:45 p.m.
Litigation Ethics: Key
Issues
Thomas
E. Spahn
McGuireWoods,
Tysons Corner, VA
4:45 p.m.
Adjourn