Expert witnesses are often critical to the success of a case. For legal professionals, their use triggers unique ethical and professional obligations.
This OsgoodePD online program, will take a deep dive into the potentially contentious ethical dilemmas legal professionals encounter when dealing with expert witnesses. Using recent examples to reinforce successful strategies and techniques, topics include:
- Retaining an expert – what can (or should) you include in the initial retainer? What questions can/can’t you ask?
- Drafting the retainer agreement – how to deal with confidentiality and conflicts (during and post termination of retainer)
- Clarifying the role of the legal professional when reviewing and commenting on draft reports – What can you change? How involved can you be?
- Post-Getahun when does ‘reasonable suspicion’ exist? When can opposing counsel demand production of draft reports, along with notes of their discussions?
- What are your obligations when entering an expert report as an exhibit?
- Ethical advocacy – what are the limits on challenging the witness?
- How to respond when your expert provides false testimony or incorrect information?
- Effective communication techniques when dealing with expert witnesses
- Proven strategies for documenting and taking notes – what should (or should not be) included?
- Impact of hot tubbing and narrowing issues
- The Hon. Justice Darla Wilson, Superior Court of Justice (ON)
- Richard Halpern, Thomson Rogers LLP
- Yaan Lilles, Lenczner Slaght LLP
- Paul Pape, Pape Barristers
2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.
The video stream will be sent to you via email as soon as payment is successfully processed.
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