| STRATEGIC LITIGATION ISSUES FOR GALs
Macaronis Institute for Trial and Appellate Advocacy
Sponsored with:
Association of Family & Conciliation Courts
Flaschner Judicial Institute
MA Association of Guardians ad Litem
Please Note: This course has already
been held.
Date: Saturday, December 01, 2007
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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High conflict custody cases spawn litigation. Guardians ad Litem find themselves on the witness stand, and attorneys must know both how to introduce their specialized testimony and challenge it. This program is designed especially to assist GALs and counsel to navigate the difficult and technical waters of caselaw, evidence and the various standards and guidelines for GALs.
The day-long intensive program will include an overview of the various guidelines and model standards, including the Category E and F standards for GAL investigators and evaluators; a demonstration of effective cross-examination techniques of Guardians ad Litem; tips on report writing dilemmas, such as hearsay, interim recommendations, and ethical considerations; navigating Daubert; and uses and abuses of psychological testing. Also, throughout the day the various panels will address special issues regarding pro se litigants, domestic violence, substance abuse, and will provide tips for effective testimony.
Benefits of Attending
Lawyers:
- Learn winning litigation techniques for keeping out unwanted testimony and excluding objectionable portions of a GAL report
- Understanding psychological testing and when results should or should not be admissible
GALs:
- Learn how to prepare for effective trial testimony from the first day of your appointment
- Get pointers on writing a report that will stand up to the toughest cross examination
Judges:
- Learn the inner thought processes of some of the most experienced GALs working in Probate and Family Court today about interviewing considerations, report writing in sensitive cases and analyzing the admissibility of psychological testing results in the context of Daubert.
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Janice Bassil, Esq.
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Carney & Bassil, Boston |
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Linda Cavallero, Ph.D.
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UMass Memorial Medical Center, Worcester, MA |
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Honorable Paula M. Carey, Chief Justice
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Probate & Family Court |
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Robin M. Deutsch, Ph.D.
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Massachusetts General Hospital, Boston, MA |
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Honorable Edward F. Donnelly, Jr., Associate Justice
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Middlesex Probate & Family Court |
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Jinanne S.J. Elder, Esq.
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Bowman, Moos, Elder & Noe, LLP, Cambridge, MA |
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Honorable Linda S. Fidnick
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Hampshire Probate & Family Court |
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Honorable Anne M. Geoffrion, First Justice
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Probate & Family Court, Hampden Division |
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Honorable Christina L. Harms, Associate Justice
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Norfolk Probate & Family Court |
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Paul Kane, Esq.
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McGrath & Kane, Boston, MA |
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William M. Levine, Esq.
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Lee & Levine, LLP, Boston, MA |
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David Medoff, Ph.D.
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Associate Professor & Director, Mental Health Counseling Program
Suffolk University |
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Honorable E. Chouteau Merrill
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Probate & Family Court |
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Paul P. Perocchi, Esq.
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Brown, Rudnick, Freed & Gesmer, LLP, Boston, MA |
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Joanna Bunker Rohrbaugh, Ph.D.
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Harvard Medical School & Rohrbaugh Associates, Cambridge, MA |
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Honorable Jeremy A. Stahlin, Associate Justice
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Suffolk Probate & Family Court |
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Peggie Ward, Ph.D.
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Co-Parenting Assessment Center, Natick, MA |
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Ruth Rotundo Whitney, LICSW
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Arlington, MA |
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Robert A. Zibbell, Ph.D.
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Tannabaum & Zibbell, P.C., Framingham, MA |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome and Introductions |
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| 9:10 |
Role of the GAL
Linda Fidnick, Esq., Moderator |
| Compare, contrast and commentary on the various standards; compare and contrast the types of GAL appointments; handling cases with one pro se, with both pro se; communication with attorneys and parties during and after the investigation; the ongoing GAL-is there such a designation? Should there be?
Robin Deutsch, Ph.D., Honorable Edward F. Donnelly, Jr., Honorable Anne M. Geoffrion, Paul Perocchi, Esq. and Honorable Jeremy A. Stahlin
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| 11:00 |
Report Writing
Dr. Robert Zibbell, Moderator |
- Function of the report
- What constitutes a good report-length vs. breadth vs. readability vs. cost control
- Issues of hearsay and unattributable facts
- Difference between allegations and facts
- Making the report readable
- How blunt to be-how to write the facts
- Distinction between facts, conclusions & recommendations
Honorable Paula M. Carey-What does the court want to see? Jinanne S. J. Elder-Legal Perspective Joanna Bunker Rohrbaugh, Ph.D.-Mental Health Perspective
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| 1:15 |
Opinions
Paul Kane, Esq., Moderator |
- Daubert challenges-based on facts or conclusions
- Recommendations
- Appealability of custody judgments that rely on GAL opinions
- How to avoid implications of bias
- How to handle cultural/class differences within the family
- How to prepare for deposition and/or trial
Janice Bassil, Esq., William M. Levine, Esq., Honorable E. Chouteau Merrill, Peggie Ward, Ph.D. and Ruth Whitney, LICSW
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| 3:15 |
Intergration of Specialized Expertise in GAL Evaluation
Professor Ilene Seidman, Moderator |
- The process by which specialized evaluations may be ordered by the court
- Specific specialized evaluations (psychological, sexual offender, substance abuse, trauma, sexual abuse, special education): when they are indicated, what to expect, how to judge their adequacy and compliance with professional standards
- Admissibility of specialized evaluations in conjunction with GAL reports
- Issues arising when parties seek to introduce specialized evaluations
Christine Butler, Esq., Linda Cavallero, Ph.D., Honorable Christina L. Harms and
David Medoff, Ph.D.
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| Date: |
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Saturday, December 01, 2007 |
| Tuition: |
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Tuition is $249; $199 for AFCC & MAGAL members, Suffolk alumni and attorneys admitted to the Bar after 2004. Tuition includes course materials, continental breakfast and refreshments during the breaks.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME and 6.0 GAL credits in category E and F. This conference has also been approved for 4.0 hours of CPCS Mental Health Litigation Credit and 7.0 CAFL Credits.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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