Tag: Mock Trial

What you will learn:

• Common errors some experts make while delivering testimony in court  
• Do’s and don’ts of providing testimony  
• The need to be well prepared  
• The need to simplify knowledge  
• How to maintain credibility  
• The need to be objective and thorough in all relevant reports and logs

Run time approx 2:30 

---

In this package is a video of a model examination, cross-examination, and re-examination of an expert, with an accompanying PDF containing the documents referred to by the expert during the course of his testimony at a mock trial held in the course of an ACFI conference held 15 years ago. This package is more relevant now than when it was taped in 2004, because while it was a model of best practices at that time, it now a model of standard or expected practices today.  In other words, it reflected a “hoped for” level of performance at the time it was taped, and an average or common level of conduct for expert witnesses today.  As such this package assists not only the expert who has never  testified at trial,  and the seasoned expert who has not testified recently and needs to be brought up to speed about current, standard, practices.  

 As a “best practices” demonstration, the model examination was conducted by two of the  best lawyers and one of the best forensic accounting experts in Canada, “adjudicated” by a highly respected, sitting,  trial judge.  Periodically, the presentation is interrupted by an experienced trial lawyer to comment on how the expert might have improved his presentation of his opinion,  which any prospective expert will find especially helpful because the expert’s testimony appears flawless on its face. 

The two and half hours of the video consists of an examination in chief of expert Ken Froese hat lasts about 40 minutes, a brilliant cross-examination by the eminent John Rosen hat lasts approximately 50 minutes, and a short re-examination.   The remainder of the video contains commentary, and a de-briefing by the participants in front of conference attendees. Justice Gans ‘ comments during the panel de-briefing segment should be required viewing for anyone who will be testifying in any forum anywhere in the world. Because of the higher standard of conduct expected of experts now, this package is more relevant and important to  today than when it was produced.

David Debenham, LLB, LLM, MBA, CFI, CFE, CMA, ACIS, DIFA, MFAcc – 2019

Another in the ACFI series of educational and training tools to aid forensic investigators

This programme was designed to demonstrate the application of the basic principles of the law of evidence in Canada in the context of a civil fraud trial directed in the course of a bankruptcy administration.

During this civil trial you will witness the examination in chief and the cross examination of the plaintiff in making his case, as well as the examination in chief and the cross examination of the defendant in putting in its defence to the case.

The participants, seasoned practitioners in their respective fields, allow time at the end of this lively and sometimes convivial trial for a panel discussion which elaborates further on Canada’s law of evidence.

Run time approx 2:00

This video is both a primer and an advanced guide to the rules of evidence at trial.  The background fact scenario is a bankruptcy proceeding, so elements of both civil and criminal law standards are reviewed as bankruptcy proceedings have ther characteristics of each. 

The video starts with a helpful introduction that lasts about 5 minutes, a lengthy examination in chief of the Plaintiff,  a brief cross-examination of the Plaintiff, and a relatively brief examination in chief and cross-examination of the defendant.   In the course of the examinations various evidentiary issues arise, and are dealt with by a sitting Judge of the Superior Court.  All told, half of the 2 hour video is mock trial, and the second half is a panel discussion highlighting the evidentiary issues raised by the mock trial.   Particularly instructive are Justice Murray’s comments on the various issues that arose during the course of the mock trial.  While the video was produced in 2005, it is just as relevant today as when it was made.  

David Debenham, LLB, LLM, MBA, CFI, CFE, CMA, ACIS, DIFA, MFAcc – 2019

Run time approx 2:00

This video contains a video of a cross-examination of a witness on an affidavit sworn in support of interim, injunctive relief, a brief re-examination, and a separate segment where the participants form a panel and debrief the attendees of the 2006 ACFI conference which saw their demonstration.  Unlike most cross-examination, this one was overseen by the eminent Justice Gans, whose interventions are most helpful in illustrating the judicial attitude toward an investigator ‘s testimony during cross-examination.   While almost all  training videos are set in a trial setting, the fact is that many investigators are more likely to be required to submit affidavits in support of court applications or motions and be cross-examined on them than they will be asked to testify at trial.  This video therefore fills an important niche by providing a first class training video on out of court cross-examinations.  Because the process of cross-examination on an affidavit remains unchanged since 2006, this video remains as relevant today as when it was produced.

The video lasts approximately 2 hours, with Mr. Rosenberg’s  cross-examination lasting about 40 minutes, and Peter Wells ‘ re-examination lasting less than 10 minutes.  Then legal argument follows for about 15 minutes.  Justice Gans then renders reasons for his decision to uphold an interim injunction that was being challenged on the motion. The video concludes with an hour long debriefing by the panelists for the attendees of the conference.  

 The video is a good illustration of the process as it shows how lawyers typically fumble around at the start of cross-examination to probe for weaknesses, and then penetrating questions follow once those weaknesses have been pinpointed.  As a witness you will want to see how your evidence is woven into legal argument by watching this video. As always, Justice Gans ‘ comments throughout the proceeding are worth their weight in gold, and should be mandatory viewing for any investigator who may be called upon to give evidence in a court of law.

David Debenham, LLB, LLM, MBA, CFI, CFE, CMA, ACIS, DIFA, MFAcc – 2019