This program qualifies for 6.0 MCLE credit hours, including 1.0 LEPR credit hour and 1.0 SA/MH credit hour.
The South Carolina Bar-CLE Division is proud to present the 2013 edition of one of our most popular seminars every year. Designed and moderated by Court of Appeals Chief Judge John 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, and this year is no exception. Judge Few has brought together a truly outstanding faculty of talented and experienced trial attorneys for an unforgettable and entertaining learning experience. Judge Few and faculty – Debbie Barbier, Katryna Salisbury, Wes Few, Lakesha Jeffries and Wally Fayssoux – have prepared exhaustively for this entertaining and challenging program. Each member of our faculty will advance his or her position on a difficult evidentiary issue, then, led by Judge Few our remaining faculty – and you the audience – will have the opportunity to debate the merits of the position.
In addition, Lisa Holland, PhD, will provide you with some keen and practical insights on why suppressing your emotions can lead not only to heightened and potentially destructive anxiety, but can also negatively impact your legal career. This presentation fulfills the Supreme Court’s new one hour substance abuse/mental health requirement - and also counts as an LEPR credit hour!
If you are a South Carolina litigator who wants to sharpen your evidence skills and knowledge, or you simply want to come to the most exciting CLE program you have ever attended, then you don’t want to miss It’s All a Game: Top Trial Lawyers Tackle Evidence!
8:30 a.m. Registration
8:50 a.m. Welcome and Opening Remarks
Hon. John C. Few
Chief Judge, S.C. Court of Appeals
9:00 a.m. Inflaming the Jury: Examining the Boundaries of Rules 403 and 609
Deborah B. Barbier
Deborah B. Barbier, LLC
Rule 403 affects the admissibility of almost all evidence. Rulings on Rule 609 can have a significant impact on a defendant's decision to testify or a lawyer's decision to call a critical witness. We will discuss how our courts have been balancing the probative value of evidence against the danger of "unfair" prejudice. We will examine what evidence our courts have found to be "unfairly prejudicial" and how they are measuring the probative value of evidence, and will compare the federal court's analysis of these issues.
10:00 a.m. Unreliable Expertise: Managing the Supreme Court's Mandate on Expert Opinion and Other Recent Developments Regarding Expert Testimony
Katryna B. Salisbury
Thirteenth Circuit Solicitor’s Office
Though implicit in evidentiary jurisprudence, the South Carolina Supreme Court has recently taken the opportunity to remind the bench and bar that expert testimony is subject to explicit findings regarding the reliability of the substance of the expert's testimony. We will tackle the developing law on expert testimony, which remains clouded with conflicting notions of what is required of both practitioners presenting expert testimony and judges determining whether to admit expert testimony.
11:00 a.m. Break
11:15 a.m. Credibility: Methods and Strategies of Impeachment
Wesley D. Few
Ellis Lawhorne & Sims, PA
Fact finders want reliable evidence. Most trials are won on the credibility (or lack of credibility) of one or more witnesses. We will examine methods and strategies for enhancing witness credibility and anticipating how opposing counsel might attempt to discredit or impeach your witness. We will also discuss trial situations with a focus on Rules 608, 609, and 806.
12:15 p.m. Lunch
1:30 p.m. Out of the Mouths of Babes and Other Surly Grownups: Out of Court Statements Offered for Use During Trial
Lakesha W. Jeffries
Jeffries Law Firm, LLC
We will discuss the Rules of Evidence, various statutes, and case law applicable to laying the proper foundation, and attacking an improper foundation, for out of court statements offered for use during trial.
2:30 p.m. Products Liability in South Carolina: Is Anything Admissible?
James Walter Fayssoux Jr.
Fayssoux Law Firm, P.A.
We will discuss why products liability still has a pulse in South Carolina and how the current opinions on other similar incidents, post-manufacture evidence, and expert testimony are not as prohibitive as many think. We will review the current standards and why it is the question you ask and the purported reason for offering the evidence that are being excluded rather than the substance of the testimony.
3:30 p.m. Break
3:45 p.m. Beyond "Just the Facts Ma'am": Using Your Emotional Brain to Help Your Clients and Benefit You
Lisa Holland Ph.D., LMFT
Has your focus on logic and reason kept you from “feeling” your life? Are you suppressing your emotions because they make you feel uncomfortable? The thing is, if you disregard your emotions you also disregard the information they provide. Lawyers are trained to be logical, rational and objective decision-makers. They worry that emotion will cloud their judgment, but actually the opposite is true. The idealization of clear thinking, one of the greatest strengths of the legal profession, can also be a tragic flaw for the legal practitioner because it can keep them from making real connections with others. When you tap into the emotional regions of your brain you are able to gain better clarity for the bigger picture. More importantly, your emotions remind you that you're human and not just a provider of legal information.
4:45 p.m. Adjourn