Practical Advice: Basics of Scientific Evidence (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Trial Practice/Litigation (Designations Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 03/31/2024

Information

A pre-recorded streaming VIDEO replay of the March 2023 webcast, Practical Advice: Basics of Scientific Evidence.


Course Outline

  • Explore the latest in both DNA preservation and analytical tools, and also learn about the uses of functional MRIs for psychiatric diagnosis
  • Understand how the latest developments can be helpful and how they can be misused
  • Find out how to work with your experts using state and federal discovery rules to challenge unreliable opinion testimony
  • Anticipate and overcome challenges to experts on direct or show the court the unreliability of certain scientific methods on cross-examination

Attorney, professor, and author Paul J. Zwier provides countless tools and strategies to help understand and use scientific evidence in litigation. He explains how lawyers in the forensic scientific community ensure that scientific evidence is based on properly applied and validated methodologies. While the National Commission on Forensic Comparison Methods has promoted research and standard development, the expert witnesses who testify are largely self-regulated. As a result, Zwier shows how, using the Commission’s research, FRE 701, and Daubert standards, lawyers can best present their own experts, and, in addition, how trial lawyers can effectively challenge unreliable expert opinions.

Topics Covered:

DNA Evidence

  • Terminology and definitions
  • Investigation techniques for recovering biological material
  • Basic principles of DNA analysis
  • Professional standards for collection and testing
  • Current DNA analysis methodology and new software and databases for gathering samples
  • New techniques for gathering biological samples on the scene
  • Trial and analogies for presentation
  • Other resources

Forensic Psychiatry and Psychology Evidence

  • Terms and definitions
  • Evidentiary uses
  • Evaluations and tools
  • Neuroimaging, structural
  • Neuroimaging, functional, fMRI, MRS, EEG, MEG, PET, SPECt

Other Topics Include:

  • Evidence issues related to relevance, admissibility, and ultimate issue
  • Trial exhibits and analogies
  • Constitutional protections in the Fifth and Sixth Amendments
 
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Schedule

Faculty

ABOUT THE SPEAKER

Paul J. Zwier, Emory School of Law / Atlanta, GA

Paul J. Zwier II is Of Counsel to Guttman, Buschner & Brooks PLLC with offices in Atlanta and Washington, DC. Mr. Zwier is one of the nation’s most distinguished professors of advocacy and skills training. He joined the Emory Law School faculty in 2003, taking on several roles. As director of the Advocacy Skills Program, director of Emory’s Program for International Advocacy and Dispute Resolution, and a professor of law, Professor Zwier joined the Emory University Law School faculty from the University of Tennessee Law School. He also teaches evidence, torts, products liability, and an advanced international negotiation seminar. He previously served as professor of law and director of the Center for Advocacy and Dispute Resolution at the University of Tennessee. Prior to that he taught at the University of Richmond School of Law from 1981 to 1999.

Mr. Zwier has served as former director of Public Education for the National Institute for Trial Advocacy (NITA) and has taught and designed public and in-house skills programs in trial advocacy, appellate advocacy, advocacy in mediation, motion practice, negotiations, legal strategy, e-discovery, supervisory and leadership skills, and expert testimony at deposition and trial for more than 25 years. In 1998, Mr. Zwier received NITA’s Prentice Marshall Award.

His clients benefit from his expert advice on trial strategy, jury analysis, and negotiation and mediation strategy. He consults on a wide variety of disputes and topics including litigation involving bad faith insurance, products liability law, federal civil procedure, evidence law, the False Claims Act, securities fraud, patent litigation, MDLs, and other complex litigation matters. He is also an expert and consultant in the area of international dispute resolution. He has provided consulting services with The Carter Center (TCC), including its work in Israel/Palestine, in Syria, and in Liberia. In 2007 he was part of a TCC delegation working on the conflict in Gaza. In Liberia, his consultations included working with a delegation from Emory’s Institute for Developing Nations (IDN), providing TCC with an assessment of its GBV programming in Liberia, and working with magistrates, judges, and lawyers in building capacity following its civil war. This led to consultation and collaboration with the TCC in its collaboration with the Liberian Truth and Reconciliation Commission.

Mr. Zwier has trained judges and lawyers for the international criminal courts, including the ICC, ICTY, ICTR, and ICT-Sierra Leone. He has also led training for Lawyers Without Borders and NITA, for the governments of Liberia, Tanzania, and in Kenya. He has also taught advocacy skills to international lawyers and judges in Yekaterinburg, Russia; Mexico City, Mexico; Quito, Ecuador; Monrovia, Liberia; Nairobi, Kenya; Tbilisi, Georgia; Northern Ireland; Scotland; England; and led seminars in negotiation and dispute resolution for black South African lawyers as part of a State Department program in 1999.

Mr. Zwier is the author of numerous books and articles. He received his JD from Pepperdine University in 1979, LLM from Temple University in 1981, and BA from Calvin College in 1976.

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