Understanding and mastering the art of cross-examination is critical in any trial setting. This program addresses foundational theory and explore practical applications. Topics include: the theory of cross-examination within the adversarial advocacy system, effective planning and preparation for cross-examination, cross-examination of sexual offence complainants and vulnerable witnesses, impeachment, and dealing with difficult witnesses. Faculty includes experienced counsel who practice in the areas of civil litigation, criminal law, and family law, along with members of the judiciary. These on-demand programs were originally presented on March 5, 2024. The total running time for each presentation ranges between 36 minutes and 1 hour, 5 minutes.

The cross-examination of children or other vulnerable witnesses raises special concerns for an advocate. Explore steps on how to prepare and modify an approach in sensitive cases while still serving a clients’ best interests. This on-demand program was originally presented on March 5, 2024 as part of Practice Foundations: Cross Examinations.  Total running time is 53 minutes.

Understanding and mastering the art of cross-examination is critical in any trial setting. From the perspective of experienced counsel, this roundtable discussion explores topics of interest to litigators in their early years of practice including advice the panelists would give to themselves if they could go back to their early years of practice, common mistakes they see counsel make in cross-examination, and how they organize their cross-examination materials. This on-demand program was originally presented on March 5, 2024 as part of Practice Foundations: Cross Examinations.  Total running time is 55 minutes.

Filing a criminal appeal to the Court of Appeal requires careful consideration of many factors, not the least of which is the likelihood of success.  In her paper, this experienced counsel provides advice on issues like whether to appeal, and how and when to do it, She also provides specific advice on both conviction appeals and sentence appeals, including considerations relating to bail hearings pending appeal, factum preparation, the oral hearing and the post-hearing.  Lastly, she discusses special circumstances like introducing new evidence and arguing, as a ground of appeal, the incompetence of counsel in the court below. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.  

According to the Hon. J E L Cote, author of the first paper, “the importance of factums is colossal, almost impossible to overstate”.  The factum is a lawyer’s basic argument, read by the judges before they ever see that lawyer, and read again by the judges before they prepare their decisions.  However, as the author explains in the first paper in this two-paper set, many factums filed with the Court are not persuasive and they achieve very little. This valuable piece of advice explains why. Sample appellant and respondent factums are attached. The second paper in this set, written by experienced counsel, complements the Hon. JEL Cote’s paper. In it, the author provides advice on things like planning the factum, drafting, creating a persuasive argument, and fine tuning. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.

This paper addresses the examination of witnesses during examination in chief and cross-examination. Topics include preparation, conduct, refreshing memory, past recollection recorded, introducing exhibits, re-examination, and cross-examination on prior inconsistent statements. The following checklists are included: Ground Rules for a Testifying Witness, and Considerations for Planning an Examination in Chief. This paper was presented at the Running Your First Trial program held in January and February 2015.  

The cross-examination of children or other vulnerable witnesses raises special concerns for an advocate. This paper discusses steps on how to prepare and modify an approach in sensitive cases while still serving a clients’ best interests. This paper is part of a collection presented at LESA’s Practice Foundations: Cross-Examinations program in Calgary on February 27, 2024 and in Edmonton on March 5, 2024.