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Hone Your Expert Witness Skills and Apply the Rules Using Surgical Precision

You need to make sure your experts can shore up your case, using their knowledge in the most favorable way possible. Are you strategically using the court rules to maximize the effectiveness of your experts while discounting the validity of opposing expert' experience, methodology and more? What if you could tap into the knowledge of veteran litigators who have years of experience getting key information from experts and answering these questions? In this focused legal program, seasoned civil litigators will provide expert witness strategies and practical insights on using your experts to the full advantage - while preventing the opposing party from doing the same. From hire to trial, gain real-world best practices and so much more - register today!

  • Learn how to get your expert's testimony admitted and keep theirs out.
  • Learn how to handle the ins and outs of direct and cross-examination from both perspectives.
  • Adhere to the rules impacting your expert's testimony to ensure your smoking gun is not ruled inadmissible.
  • Depose even a difficult witness with ease to get the crucial information you need.
  • Recognize the potential and skillfully lay groundwork for impeachment at trial.
  • Learn how to handle sticky privilege and work product issues.
  • Find out steps you should take when regrouping after destructive testimony.
  • Thoroughly vet potential experts and find out what they need from you.
  • Find ways to protect your expert from traps set by opposing counsel.

Day 1

  1. A Judge's Perspective on Expert Witnesses
    9:00 - 9:30, Hon. Judith H. Ramseyer
  2. A Lawyers Brief on Hiring an Expert Witness
    9:30 - 10:15, Matthew R. Wojcik
    1. How to Find an Expert Witness, Including the Timing of the Selection
    2. Looking at Credentials
    3. How to do an Expert Witness Response
    4. How to do an Expert Witness Affidavit
    5. What an Expert Witness Retainer Agreement Should Include
    6. Qualifying an Expert Witness
    7. What an Expert Witness Should Know About Court Proceedings
    8. Should you Always Subpoena an Expert Witness and/or Job File and What to Include in the Subpoena
  3. Working with Expert Consultants/Advisors - Legal Traps and Strategies
    10:15 - 11:00, Avi J. Lipman
  4. Discovery of Expert Witnesses - Views From Both Sides
    11:15 - 12:00, Bryana Blessinger
    1. Work Product Doctrine
    2. What's Discoverable? Consulting vs. Expert Witnesses (i.e. Emails)
    3. Prior Deposition and Trial Testimony
    4. Prior Expert Reports
    5. Discovery of Materials Used by Experts
    6. Additional Discoverable Information
  5. Applying the Rules to Expert Reports
    1:00 - 1:45, Bryana Blessinger
    1. Should an Expert Report be Prepared?
    2. The Logistics of Obtaining and Requesting Expert Reports
    3. Materials to Give to the Expert (and to Withhold)
    4. Preparing and Analyzing the Report - Top Mistakes That Need to be Avoided
    5. Using Expert Reports to Negotiate and Litigate Damages
    6. Using Expert Reports to Support/Oppose Motions for Summary Judgment
  6. Preparing Your Expert for Deposition
    1:45 - 2:45, Daniel B. Garrie
    1. Ensuring Your Expert Understands the Deposition Procedure
    2. Different Questioning Techniques For Expert Witnesses
    3. Demonstrative Proofs From Expert Depositions
    4. Critical Documents Experts Need for Deposition
    5. Opposing Counsel Questions and Goals: Does Your Expert Understand?
    6. Increasing Expert Effectiveness in Video Depositions
  7. Deposing the Opposing Expert
    3:00 - 3:45, Avi J. Lipman
    1. Do you Depose the Expert (Where it's Permitted)?
    2. Getting and Reviewing the Expert's File
    3. Ensuring Proper Deposition Timing
    4. Objections and Responses
    5. Deposing Difficult Experts
    6. Using Depositions at Trial: Practical Tips
  8. Laying the Foundation for Impeachment During Deposition
    3:45 - 4:30, Craig L. McIvor
    1. Relevant Rules for Expert Impeachment
    2. Necessary Documents to Request
    3. Other Sources of Impeachable Information
    4. Pinpointing Information That Questions Credibility
    5. Utilizing Learned Treatises for Impeachment

Day 2

  1. Qualifying the Expert's Opinion
    9:00 - 9:45, Daniel B. Garrie
    1. Daubert/Frye Gatekeeping Standards: An Overview
    2. Expert Character, Competency and Qualifications
    3. Is the Expert's Methodology Acceptable?
  2. Admission Hurdles for Expert Testimony
    9:45 - 10:30, Daniel B. Garrie
    1. Admissibility of Non-Scientific Expert Testimony
    2. Admissibility of What you Give Your Expert
    3. The Expert's Opinion: is it Hearsay?
    4. Limits for Expert Opinions and the Use of Inadmissible Evidence
  3. How to Block the Opposing Expert's Testimony
    10:45 - 11:30, Craig L. McIvor
  4. Direct Examination
    11:30 - 12:30, Matthew R. Wojcik
    1. Qualification Questions That Illustrate Experience
    2. Humanizing the Expert: Helpful Tips
    3. Using Hypotheticals to Show Relevancy
    4. The Expert's Opinion: What Supporting Evidence Must They Give?
    5. Framing Questions to Build Logical Connections
    6. Magnifying Expert Credibility
    7. Using Experts to Create Exhibits
    8. The Expert as a Teacher: Presentation Best Practices
  5. Cross-Examination
    1:30 - 2:30, Avi J. Lipman
    1. Remember, it's Not About You
    2. Exploiting Weaknesses in the Expert's Testimony
    3. Illustrating the Invalidity of the Expert's Methodology
    4. Objections
    5. Using the Expert's Report Against Them
  6. Redirect and Re-Cross Examination Techniques
    2:45 - 3:30, Craig L. McIvor
  7. Ethical Considerations for Working with Experts
    3:30 - 4:30, Mark D. Kimball
    1. Confidentiality and Privileged Communications with Experts
    2. Work Product Doctrine
    3. Fees and the Expert Opinion
    4. Avoiding Conflicts of Interest
    5. Practical Examples - Real Life Scenarios

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