Litigation & Appeals

4.3

The Top 9 Evidence Mistakes Trial Lawyers Make

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 47 minutes
Peter Walsh
Marc Dobin
Michael Dean
Emily Will
Michael Simmons
Matthew Jorden
With Peter G. Walsh from The Cruise Injury Law Firm + 5 others
Recorded August 28, 2025.
Product ID 100667

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Overview

Which of These Evidence Issues Have Tripped You Up?

You introduce a piece of hearsay evidence that you believe to fall within an exception to the rule against hearsay, thinking it will strengthen your argument. Your opponent raises an objection, and the judge sustains it. The out-of-court statement you hoped would strengthen your case is now gone, leaving you with a less impactful argument for consideration by the judge or jury.

 

Don't let your case get chipped away by mistakes you hoped to avoid. This guide highlights the top evidence issues that trip up trial attorneys. From foundational matters to expert testimony, our seasoned faculty will show you how to sidestep pitfalls and present cases with confidence. Build your mastery of the rules - register today!

  • Prevent preservation oversights that will make it difficult to prove authenticity.
  • Ensure you're taking the correct steps to authenticate documents, electronic records, and other evidence.
  • Avoid introducing inadmissible hearsay or failing to recognize exceptions that would allow hearsay to be admitted.
  • Stop improper evidence about a person's character or past from being introduced.
  • Discover how to properly apply Rule 403's balancing test.
  • Don't allow damaging testimony to stand: develop effective cross-examination and impeachment techniques.
  • Strike the right balance: prevent damaging evidence from slipping through while not over-objecting.

Abbreviated Agenda

  1. Preservation Pitfalls and Chain of Custody Issues
  2. Misunderstanding the Hearsay Rule and Exceptions
  3. Not Properly Authenticating Documents, Electronic Records, and Other Items
  4. Improperly Introducing Character Evidence and Failing to Recognize Exceptions
  5. Introducing Marginally Relevant Evidence or Failing to Weigh Probative Value vs. Prejudicial Effect
  6. Mismanaging Expert Testimony
  7. Failure to Effectively Cross-Examine or Impeach the Credibility of Opposing Witnesses
  8. Ineffective Evidence Presentation and Mishandling Technology

Related Topics

Product ID 100667

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Preservation Pitfalls and Chain of Custody Issues

  2. Misunderstanding the Hearsay Rule and Exceptions

  3. Not Properly Authenticating Documents, Electronic Records, and Other Items

  4. Improperly Introducing Character Evidence and Failing to Recognize Exceptions

  5. Introducing Marginally Relevant Evidence or Failing to Weigh Probative Value vs. Prejudicial Effect

  6. Mismanaging Expert Testimony

  7. Failure to Effectively Cross-Examine or Impeach the Credibility of Opposing Witnesses

  8. Ineffective Evidence Presentation and Mishandling Technology

Who Should Attend

This program is designed for attorneys.

Speakers

Peter G Walsh
Peter G.
Walsh
The Cruise Injury Law Firm
Marc S Dobin
Marc S.
Dobin
DobinLaw, P.S.
Michael D Dean
Michael D.
Dean
Withered Burns, LLP
Emily Will
Emily
Will
Emily J. Will Board Certified Document Examiner
Michael D Simmons
Michael D.
Simmons
Cosmich, Simmons & Brown, PLLC
Matthew B Jorden
Matthew B.
Jorden
Jorden Law Group
Speaker bio
Peter G Walsh

Peter G. Walsh

The Cruise Injury Law Firm
Peter Walsh

is the founder of The Cruise Injury Law Firm, in Miami, FL. Mr. Walsh isn't just a cruise injury attorney - he's the attorney the cruise lines hope you never hire. With a career defined by courtroom victories and a relentless commitment to justice at sea, he is the founder of The Cruise Injury Law Firm and one of the nation's most respected authorities in maritime injury law. Mr. Walsh is the only lawyer in Florida to achieve the maritime law "Triple Crown" - Master of Laws (LL.M.) in Maritime Law, Board-Certified by The Florida Bar as an Expert in Maritime Law, and Board-Certified by The Florida Bar as an Expert in Civil Trial Law. He is admitted to the Florida Bar, United States Court of Appeals for the Eleventh Circuit, United States District Court for the Middle District of Florida, United States District Court for the Northern District of Florida, United States District Court for the Southern District of Florida, and the United States Supreme Court. Mr. Walsh earned his J.D. degree from George Washington University Law School and his LL.M degree in Maritime Law from the University of Miami School of Law.

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Speaker bio
Marc S Dobin

Marc S. Dobin

DobinLaw, P.S.
Marc Dobin

is the founder of DobinLaw, P.S., in Kirkland, Washington (formerly known as DobinLaw, P.A. in Port St. Lucie, Florida). He practices in the areas of securities litigation, securities arbitration, consumer rights, arbitration, mediation and labor and employment. Mr. Dobin is a member of the King County Bar Association, Washington State Bar Association and The Florida Bar. He is admitted in the states of Washington and Florida, as well as the Southern and Middle Districts of Florida and the Western District of Washington.  He is an arbitrator and mediator for FINRA Dispute Resolution, Inc. and is on the Commercial and Consumer Panels of the American Arbitration Association. Mr. Dobin is a former trustee for the Town of Jupiter Police Officers' Pension Plan. Mr. Dobin was designated as a Super Lawyer in Florida in the area of Securities Arbitration from 2021-2024.  He earned his B.A. degree from Franklin and Marshall College and his J.D. degree from New York Law School.

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Speaker bio
Michael D Dean

Michael D. Dean

Withered Burns, LLP
Michael Dean

is a partner at Withered Burns, LLP in Lafayette, Indiana, a general civil litigation firm. He earned his B.S. degree from Indiana University and J.D. degree from the University of Dayton School of Law, where he received the awards for Academic Achievement and served on the University of Dayton Law Review. Mr. Dean dedicated the first 12 years of practice to criminal litigation as a public defender, prosecutor, and private practitioner. He is a member of the Indiana State Bar Association. Mr. Dean has authored numerous articles published by Criminal Justice Magazine, an American Bar Association publication. He previously was responsible for his own quarterly column titled "Bootcamp Esq." which focused on advice for new criminal practitioners.

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Speaker bio
Emily Will

Emily Will

Emily J. Will Board Certified Document Examiner
Emily Will

, D-BFDE, is a forensic document examiner with more than 38 years of experience in private practice. She is a board-certified diplomate of the Board of Forensic Document Examiners (BFDE), which is accredited by the Forensic Specialties Accreditation Board (FSAB). Ms. Will is a past president of FSA and of the Association of Forensic Document Examiners (AFDE), and a certified member of the National Association of Document Examiners. Within the practice of forensic document examination, her specialties are the examination of handwriting and revelation of altered documents. More information about Ms. Will and Forensic Document Examination is available at https://Qdewill.com.

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Speaker bio
Michael D Simmons

Michael D. Simmons

Cosmich, Simmons & Brown, PLLC
Michael Simmons

is an attorney in the Jackson law firm of Cosmich, Simmons & Brown, PLLC, where he practices in the areas of mass torts, commercial litigation, tort litigation, insurance litigation, employment law and appeals. While in law school, he was on the editorial board of Mississippi College Law Review and was a member of two national moot court competition teams. Mr. Simmons is a member of The Mississippi Bar, Defense Research Institute, International Association of Defense Counsel, and Government Investigations and Civil Litigation Institute. He also is a contributing writer to the Encyclopedia of Mississippi Law (West Group) and a frequent seminar speaker. Mr. Simmons earned his B.A. degree from the University of Georgia and his J.D. degree, with special distinction, from Mississippi College School of Law.

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Speaker bio
Matthew B Jorden

Matthew B. Jorden

Jorden Law Group
Matthew Jorden

is founding member at Jorden Law Group, where his practice focuses on plaintiff's personal injury, criminal defense and representation of licensed professionals in administrative proceedings. He has handled complex litigation involving products liability, transportation accidents, and governmental liability. Additionally, Mr. Jorden has defended clients in high profile cases prosecuted by the SEC and has had the opportunity to argue before the Ninth Circuit Court of Appeals. He is admitted to practice in Pennsylvania, California, U.S. District Court for the Western District of Pennsylvania, Third Circuit Court of Appeals, Ninth Circuit Court of Appeals and U.S. Supreme Court. Mr. Jorden earned his B.A. degree from Allegheny College and his J.D. degree, cum laude, from Thomas M. Cooley School of Law.

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