Ethics and Theory of Cross-Examination

This program is intended to instruct lawyers on how to zealously represent the client, yet remain within the rules of professional and legal conduct. These expert criminal lawyers will share the secrets of cross-examination while also covering the primary rule of consideration during cross-examination, the Browne v. Dunn rule.

Agenda re: Professionalism Content: 40 minutes

1. Law Society Rules of Professional Conduct ⇒ Professionalism: Ethical advocacy, managing client relationship, professional responsibility

2. The Fairness Aspect of the Rule in Browne v. Dunn ⇒ Ethical Advocacy: Ensures the witnesses has an opportunity to explain if the opposing party intends to later contradict or discredit them

3. When the Known Facts Restrict the Scope of Cross-Examination ⇒ Ethics and Professional Responsibility: Duty to not offer false evidence; when the client has confessed; best practices for analyzing ethical dilemmas

4. When a lawyer must ask the Question – Rule in Browne v. Dunn

5. Do the Unknown Facts Restrict the Scope of Cross-Examination ⇒ When the client is unclear as to the facts ⇒ Foundation for cross-examination drawn from the evidence presented by the prosecution or opposed party’s case

6. How to Advance the Case for your Client ⇒ How much of the defence theory or anticipated evidence of your client does a lawyer put to the prosecution witnesses, or witnesses for the opposing party? ⇒ How to maximize the effectiveness of prior statements, transcripts or other written forms of evidence in cross-examination of a complainant or other witnesses? ⇒ When to use demonstrative evidence? At the outset, middle or end of a cross examination? ⇒ Where to look for demonstrative evidence; or how to produce demonstrative evidence if not readily available in the disclosure?

Presenter(s)

• Dirk Derstine • Joseph Neuberger