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ABOUT THE PROGRAM
The South Carolina Bar-CLE Division is proud to present the 2018 edition of one of our most popular seminars. Created by Associate Justice 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. Course Planner and Moderator Andy Moorman has brought together a truly outstanding faculty of talented and experienced trial attorneys for an unforgettable and entertaining learning experience. 
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 the 2018 It’s All a Game: Top Trial Lawyers Tackle Evidence!

AGENDA
8:30 a.m. Registration 

8:55 a.m. Welcome and Opening Remarks

9 a.m. “Who’s with Me?” Litigators often have to prove the existence of agreements 
Andrew B. Moorman, Sr., Assistant U.S. Attorney, Greenville 

Evidence of an agreement may be necessary to establish an element of a cause of action or offense, to prove a defense, and/or to satisfy the foundation required by a rule of evidence. This presentation focuses on what an agreement is, how to prove that two or more people “agreed,” and how one proves the existence of an agreement in different contexts.

10 a.m. “Do We or Don’t We?” Advocating for clients in administrative proceedings 
Jack E. Cohoon, Head Attorney, Employment Unit, SC Legal Services, Columbia 

Advocating has become an increasingly important aspect of the practice of law. One of the first issues an attorney may face in such a forum is determining what rules govern the admissibility of evidence. Do the rules of evidence apply in the same manner as in a civil or criminal trial? If not, what are the limits on admissibility and consideration of evidence, and what are effective strategies? This presentation will provide a framework for considering evidentiary issues in administrative proceedings and will examine several real-life examples.

11 a.m. Break

11:15 a.m. “I Feared for My Life” Reasonableness in the context of police misconduct allegations 
Alyssa Richardson, Assistant U.S. Attorney, U.S. Attorney’s Office, Columbia 

The reasonable person standard asks whether someone has acted with the same standard of care as would a “reasonable person.” This standard appears in many areas of the law and often offers justification or exoneration for otherwise criminal or negligent actions. In this presentation, we will discuss reasonableness in the context of police misconduct allegations. Case studies will also explore the standard in the civil and criminal contexts, including negligence and self-defense.

12:15 p.m. Lunch

1:30 p.m. Being an Expert on Experts: Daubert and Beyond 
Joshua Kendrick, Kendrick and Leonard, P.C., Greenville 

Most litigators know how to make a standard Daubert challenge. This presentation will discuss creative ways to challenge experts and build a record. More importantly, when an expert is qualified, how do you handle the witness? We will discuss how to cross-examine an expert, how to appropriately use expert testimony, and how to frame your case around this type of evidence, whether it is for or against you.

2:30 p.m. Break

2:45 p.m. “The Witness May Die, But The Statement Lives On!” 
Jamie Demint, Demint Law Firm, Greenville 

Absent witnesses often present significant adversity for litigators. Arguably, this adversity is most profound when the witness has died. This presentation examines how the rules of evidence interact with statements of deceased witnesses in different contexts, and advances strategies that may render these statements admissible.

3:45 p.m. Making Trial Objections: Does It Matter/Can I Win? 
Steven Edward Buckingham, The Law Office of Steven Edward Buckingham, Greenville 

This presentation focuses on the role of the advocate at trial, examines the purpose and utility of objections, and proposes a simple analytical framework that trial lawyers may use to make split-second decisions about whether to object at all. Evidence may be “all a game,” but some play it better, and more wisely, than others.

4:45 p.m. Adjourn

All registrations must be pre-paid. Cancellation & Refund Policy: Refunds, less $25 administrative fee, will be made for cancellations received in writing to the CLE Registrar at registrar@scbar.org by 5 p.m., one week prior to the seminar. Cancellations will not be accepted within one week of seminar date. One-time transfers to seminars of like value or to the live webcast of the seminar (if available) will be accepted for a $25 administrative fee in lieu of cancellations within one week of seminar. Requests to transfer to the live webcast must be received by 1 p.m. the day prior to the program. Designated substitutes may take the place of registrants unable to attend.

Locations
  • Columbia
    In-Person Seminar
    Bar Conference Center
    1501 Park Street , Columbia, SC 29201
  • Aiken
    In-Person Seminar
    Aiken (USC)
    471 University Parkway Room 124, Aiken, SC 29801
  • Anderson
    In-Person Seminar
    Anderson - Center for Excellence
    200 Bleckley St. Room 112, Anderson, SC 29625
  • Beaufort
    In-Person Seminar
    Beaufort Town Center
    2015 Boundary St. Training Room, Beaufort, SC 29902
  • Charleston
    In-Person Seminar
    Charleston School of Law
    81 Mary Street Room M101, Charleston, SC 29403
  • Florence
    In-Person Seminar
    Florence - South Eastern Institute of Manufacturing Technology
    1951 Pisgah Rd. Room 249, Florence, SC 29501
  • Greenville
    In-Person Seminar
    Greenville Technical College - Buck Mickel Center
    216 S. Pleasantburg Dr. Room 135, Greenville, SC 29607
  • Hilton Head Island
    In-Person Seminar
    Hilton Head Island Public Library
    11 Beach City Rd. Sm Conf. Room, Hilton Head Island, SC 29926
  • Myrtle Beach
    In-Person Seminar
    Myrtle Beach-Horry Georgetown Tech, Grand Stand Campus
    950 Crab Tree Lane Room 601, Myrtle Beach, SC 29577
  • Rock Hill
    In-Person Seminar
    Rock Hill - New Port Fire Dept.
    5198 Hampton Ridge Rd. , Rock Hill, SC 29730
  • Spartanburg
    In-Person Seminar
    Spartanburg County Public Library
    151 S. Church St. Hoechst-Celanese Room, Spartanburg, SC 29306
  • Summerville
    In-Person Seminar
    Summerville - SC Mediation and Conference Facility
    1516 Old Trolley Rd. , Summerville, SC 29485
  • Sumter
    In-Person Seminar
    Sumter
    200 Miller Rd. , Sumter, SC 29150