When preparing for a trial, it is often important to secure the co-operation of non-expert lay witnesses in advance of the trial. You can issue a summons and require a witness to attend at trial, but it can be very risky to call a witness when you don’t know what they will say.
Sometimes during an intake meeting, a potential new client will tell me that they want to hire an “aggressive” lawyer. Their expectation usually has to do with making threats at the outset and being difficult and uncooperative with the other side.
Samantha Cain has joined the partnership
Carroll Heyd Chown and partners Ted Chadderton, David Thompson, and Jeff Beleskey are pleased to announce that Samantha Cain has joined the partnership effective January 1, 2021.
Our former partner Roger Chown was appointed to the bench on October 2, 2020, and as a result, as of that date, he is no longer a partner in the firm.
In Fonseca v. Hansen et al, released April 26, 2016, the Court of Appeal has provided further clarification on what type of communication is appropriate between counsel and an expert witness. One of the questions on appeal was whether the trial judge erred by failing to instruct the jury that pre-trial communication between the appellant’s counsel and an expert witness was not a proper basis on which to reject the expert’s testimony.
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