NEWS & UPCOMING PROGRAMS

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Greater Newburyport Bar Association

2022 Schedule

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Ensure Your Compliance with the New Rules of Professional Conduct

Thursday, September 15, 4:30-6:00, via Zoom

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The New Rules of Professional Conduct go into effect October 1. Many of the  latest changes build on the SJC's commitment to civility. But there are other important changes regarding sexual relations and managerial responsibility.

According to Attorney Thomas Maffei. "It's clearly a statement by the court that the use of 'abusive' tactics, whether in court or outside of court, directed to any participant in the process, is on thin ice and could likely involve [loss of] your law license if you carry it to an extreme." Mass. Lawyers Weekly, July 25, 2022, p.29.

 

Attend and learn from Attorneys Thomas Maffei and Martha Bagley the following:

• What the new rules require and prohibit in terms of civility

• How the rules have changed regarding sexual relations with clients

• What the rules say about abusive tactics

• The new obligations for those with managerial authority

 

Speakers

Attorney Martha Bagley, Bagley Law, Boston & Salem 

Attorney Thomas Maffei, Sherin & Lodgen, Boston.

 

To register: https://gnba.ticketbud.com/new-rules-of-professional-conduct-ensure- your-compliance

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Advanced Family Law Practice: Evidence and Forensic Experts

Jointly Presented by The American Academy of Matrimonial Lawyers &

The Greater Newburyport Bar Association

 

Why Attend?

The rules of civil procedure and evidence strictly apply to the designation and admissibility of expert and forensic evidence. Who is an “expert” and not a “lay” witness? When is an expert “forensic” with specialty codes of ethics which apply compared with “ordinary” expert opinion? Is expert opinion related to mental health or psychological and social science different than opinions in accounting, business valuations, or negligence? What are the timing and requirements for designation, form of reports, and pretrial “gatekeeping” motions? What are the standards under Daubert for admitting expert opinion on the ultimate issues in the case? Why does the test for reliability and relevance matter with experts? When is an expert inappropriately offered as a “truth detector”? When is the expert opinion ipse dixit (because I say it is so) and rather than based upon objective data and research? Many a trial lawyer has discovered, to some frustration and risk, responses like de bene, or “goes to weight not admissibility”, or “overruled, we will sort out later.” Unanticipated objections on what is admissible opinion can derail entire cases and clients. 

 

Attend and Learn

• Current best practices, tips and traps in family law practice.

• How to work with the “educational expert”

• How to work with your expert to lay and require a proper foundation and authentication for evidence, including social media, texts, and other postings

• How to effectively manage direct and cross-examination of expert witnesses and reports, and the Daubert standard 

• How to overcome key barriers to getting witness testimony or documents admitted or excluded.

 

Who Should Attend? This seminar is for the advanced practitioner.

 

AGENDA/SCHEDULE

Friday, October 14th, Day One

8:00-9:00    Continental Breakfast and Registration

9:00-10:00    Part I: Pre-trial Considerations When Utilizing an Expert

• Use of the “Educating Expert” 

• Motions in Limine 

• To Report or Not to Report? 

 

10:00-11:00 Part II: Authentication and Foundation 

• Rule 104. Preliminary Questions do matter.

• Rule 106: The “Rule of Completeness” in the Electronic Age

• Rules 401-03: Test for Relevant Evidence (think experts too)

• Preservation of evidence letters and privilege/work product

• Rules 901-03. Authenticating or Identifying Evidence

 

11:00-11:20  Network Break

 

11:20-12:30  Part III: Expert Witnesses: From Reliability to Junk Science 

• Rule 26(b)(4), Privilege, Work Product, and Disclosure

• Ethical Considerations (.5 Ethics credit)

• Rule 701. Opinion Testimony by Lay Witnesses

• Rule 702. Qualifications and Testimony by Expert Witnesses

• Rule 703. Bases of an Expert’s Opinion Testimony

• Rule 704. Opinion on an Ultimate Issue

• Rule 705. Disclosing the Facts or Data Underlying Opinion

• Rule 706. Court-Appointed Expert Witnesses

 

12:30-1:45    Lunch

 

1:45-4:00    Part IV: Use Of Specific Experts

• Daubert and the Trinity of U.S. Supreme Court cases

• Forensic Accounting

• Business Valuations

• Child Custody Evaluations and the Best Interests Standards

 

4:00-5:30    Cocktail Reception

 

Saturday, October 15th, Day Two

8:00-9:00    Continental Breakfast

9:00-11:00    Part I: Trial Considerations and Strategies 

• • Preparations for final trial conferences 

• Direct and Cross Examinations of Experts

• Preserving the Record

• Tactics of Voir Dire 

• De Bene Evidence

• Rule 201. Judicial Notice 

 

11:00-11:20  Networking Break

 

11:20-1:00    Expert Vignettes

• • Psychologist/GAL—

  • Executive Compensation—

  • Forensic Accountant—

 

1:00-2:00    Adjourn & Lunch

Conference Information

Conference registration fee includes continental breakfast and lunch both days and cocktail reception on Friday evening. There is an early bird discounted registration fee available until September 16th. To register: https://gnba.ticketbud.com/advanced-issues-in-evidence-experts-in-family-law

 

To reserve your sleeping room, see https://www.marriott.com/events/start.mi?id=1660244972729&key=GRP

 

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