Attention:

Examination of Witnesses: Trial Tactics For the Novice Attorney


Level: Intermediate
Runtime: 92 minutes
Recorded Date: March 17, 2020
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Agenda

  • Preliminary Hearing or Indictment
  • Plea Bargaining
  • Discovery
  • Trial and Trial with Multiple Defendants
  • Cooperating Witnesses
  • Federal Rules of Evidence
  • Motions for Acquittal/Motions for New Trial
  • Sentencing
  • Appeal
Runtime: 1 hour, 32 minutes
Recorded: March 17, 2020

Description

Witness examination should be conducted in a manner that has purpose, is comprehensive, and demonstrates the purpose of the case. Practitioners must consistently refine their tools and prepare for the unexpected. Our panel will discuss tips for young lawyers for both direct and cross-examination. Due to the increasing difficulty that novice attorneys face in acquiring trial experience, this webinar will focus on detailed analysis of the legal principles involved and actual witness examination methods.

This program was recorded on March 17th, 2020.

Provided By

American Bar Association

Panelists

Warrington S. Parker III

Partner
Orrick Herrington

Warrington S. Parker is a partner in Orrick's San Francisco office, and a member of the White Collar, Investigations, Securities Litigation & Compliance Group.

Warrington's practice involves the representation of clients in both civil and criminal matters. These matters typically include government involvement or claimed violations of state and federal regulations or statutes. Thus, Warrington has represented clients in False Claims Act matters, claims brought by the Federal Trade Commission, employment discrimination cases involving a federal research facility, allegations of fraud and breach of contract brought against a client by a state, and allegations that a school board inappropriately spent bond monies in violation of California law.

Warrington has conducted criminal and civil investigations, both nationally and internationally, including FCPA and financial irregularity investigations in China, Japan and India. Warrington has handled and managed state and federal civil cases from the filing of complaints to discovery and trial. Since joining Orrick in 2008, Warrington has tried multiple civil and criminal cases.

From 1992 to 1996, Warrington was Assistant United States Attorney for the United States Attorney's Office, Central District of California, Criminal Division in Los Angeles.

Before joining Orrick, Warrington was a shareholder at Heller Ehrman.

Stephen A. Saltzburg

Professor of Law
George Washington University School of Law

Stephen A. Saltzburg joined GW Law in 1990. Before that, he taught at the University of Virginia School of Law, and was named the first incumbent of the Class of 1962 Endowed Chair. In 1996, he founded and directed the master’s program in Litigation and Dispute Resolution at GW. He was named University Professor, the highest title a University can confer upon a faculty member, in 2004. The Chief Justice of the United States appointed him as reporter for, and then as a member of, the Advisory Committee on the Federal Rules of Criminal Procedure and as a member of the Advisory Committee on the Federal Rules of Evidence. He was the reporter for the Civil Justice Reform Act Committee for the D.C. District Court before he became chair. He has served as a special master in two class action cases in the D.C. District Court, and continues to serve as a mediator for the U.S. Court of Appeals for D.C. He has mediated a variety of disputes involving public agencies and private litigants; served as a sole arbitrator, panel chair, and panel member in domestic arbitrations; and served as an arbitrator for the International Chamber of Commerce.

Professor Saltzburg held the following governmental positions: associate independent counsel in the Iran-Contra investigation; deputy assistant attorney general in the Criminal Division of the U.S. Department of Justice, the Attorney General’s ex-officio representative on the U.S. Sentencing Commission; and director of the U.S. Treasury Department Tax Refund Fraud Task Force. He was chair of the ABA Criminal Justice Section from 2007 to 2008, and represents the section in the ABA House of Delegates. He was appointed to the ABA Task Force on Terrorism and the Law and to the ABA Task Force on Gatekeeper Regulation and the Profession in 2001, and to the ABA President’s Advisory Group on Citizen Detention and Enemy Combatant Issues in 2002. In 2001 he was appointed by Chief Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit as co-chair of the Task Force on the Selection of Lead Counsel in Class Actions, which published its final report in 2002. Professor Saltzburg is the author of numerous books and articles on evidence, procedure, and litigation.

Marissel Descalzo

Partner
Tache, Bronis, Christianson and Descalzo, P.A.

Marissel Descalzo is a trial attorney and focuses her practice on complex criminal and civil litigation in both federal and state court. Ms. Descalzo has participated in numerous trials to verdict. Ms. Descalzo handles criminal and civil matters of vital importance to clients’ businesses or their personal lives. She represents individuals and organizations accused of fraud and/or deceptive practices, and assists and advises organizations on corporate governance and compliance matters, including in the area of anti-money laundering. Ms. Descalzo represents hospitals, skilled nursing facilities, pharmacies, and other health care providers, during government investigations and defends them in qui tam (whistle-blower) actions. Ms. Descalzo regularly counsels companies from a variety of industries on the adoption and operation of their compliance programs and, in particular, assists companies in the food and beverage industry with internal investigations and ethics issues.

Ms. Descalzo also represents victims of fraud in federal criminal proceedings during all stages of the criminal process. She has a unique service helping victims—whether businesses or individuals—present criminal cases to prosecutors. Most importantly, she represents victims during the sentencing and restitution proceedings in order to optimize the return of the victim’s funds.

Finally, she has significant experience working with companies in connection with data security and privacy issues. She leads teams responding to data breaches and works with companies and law enforcement investigating potential threats to patient privacy and security.

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