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Overcoming Counterfeit Objections and Preserving Evidence for Review

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, September 13, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide litigators through effective techniques to prevent, end, and even leverage counterfeit objections having no basis in the rules of evidence, including infamous speaking objections.

Description

Objections are a necessary skill for every trial lawyer. By objecting, an attorney is asserting that certain testimony or a question violates a rule of evidence. However, some attorneys use the objection process improperly to disrupt their opponent's evidentiary presentation.

Most improper objection behavior comes in the form of "speaking objections." A speaking objection is an outburst made in the form of an objection. Sometimes a speaking objection will reference or be tangentially related to a rule of evidence, and other times the speaking objection may have nothing to do with an evidentiary issue and simply be an argument or assertion by the attorney.

It is one thing to be able to identify a speaking objection, but it is another thing entirely to successfully deal with speaking objections in the heat of a trial.

Listen as this experienced panel of trial lawyers discusses effective techniques to anticipate, prevent, and even leverage speaking objections during depositions and trial.

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Outline

  1. Distinguishing between legitimate objections and speaking objections
  2. Identifying common speaking objections
  3. The problem with speaking objections
  4. Effective countermeasures
  5. Preemptive measures
  6. Counter objections
  7. Responses to objections
  8. Looping
  9. Fight fire with fire
  10. The "nuclear option"
  11. The formal offer of proof and its benefits

Benefits

The panel will review these and other key issues:

  • What form do speaking objections take?
  • What preemptive measures can counsel take before trial or deposition to prevent invalid objections?
  • How can counsel leverage speaking objections?
  • Using the formal offer of proof to encourage the court to reconsider an adverse ruling

Faculty

Bundy, Aaron
Aaron D. Bundy
Attorney
Law Office of Aaron D. Bundy

Mr. Bundy works to obtain positive outcomes for his clients from the fallout associated with failed and betrayed...  |  Read More

Egan, Kathleen
Kathleen Egan
Attorney
Law Office of Aaron D. Bundy

Ms. Egan's legal background includes work on complex injury and civil cases at a plaintiff's firm.

 |  Read More

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