Advanced Testifying Skills for Expert Witnesses
Crowne Plaza Chicago O’Hare Hotel & Conference Center, Rosemont, Illinois
Tuesday, June 22, 2010
Continuing Education Information
Schedule
Hotel Information
Registration Information
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Executive Summary: Formidable expert witnesses are the most sought after and valuable of all experts. Formidable experts are those experts who are highly resistant to attack, who know how to defeat counsel’s tactics, are skilled at persuading a jury, and who recognize when to seize the moment and turn the tables on opposing counsel. This course will teach its attendees how to become formidable expert witnesses. Advanced Testifying Skills for Experts is an advanced, fast-paced, interactive workshop designed for experienced experts who have already had some formal expert witness training. It is taught by an experienced faculty and features concise didactic presentations coupled with numerous interactive, hands-on exercises. There will also be ample time set aside in each segment for questions and answers. Each registration includes a continental breakfast and lunch with faculty, a workshop manual not available anywhere else and a unique, memorable, educational experience.
Here’s what past attendees have to say!
“A class act”
“Excellent examples”
“Extremely helpful”
“High caliber group of attendees”
“I learned a ton”
Distinguished Faculty: Steven Babitsky, Esq., is the President of SEAK, Inc. Attorney Babitsky was a personal injury litigator for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Mr. Babitsky trains hundreds of experts every year through SEAK’s scheduled programs for expert witnesses, invited presentations, and customized expert witness training programs presented to corporations, associations, and governmental agencies. He also serves as a one-on-one consultant to expert witnesses who desire to improve their expert witness practices. Mr. Babitsky is the co-author of the texts Depositions: The Comprehensive Guide for Expert Witnesses; The A–Z Guide to Expert Witnessing; How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies; Writing and Defending Your Expert Report: The Step-by-Step Guide with Models; How to Excel During Cross-Examination: Techniques for Experts That Work; and How to Excel During Depositions: Techniques for Experts That Work.
Registration Information: The $495 tuition includes a continental breakfast, breaks, lunch with faculty, a detailed manual which can be retained as a bookshelf reference, and a dynamic learning experience. To register by fax please click here. To register online please click here.
Continuing Education Information: Note: If your specialty does not appear below and you desire credits, please contact Karen Cerbarano (781-826-4974 or Karen@seak.com). We can often obtain desired credits upon request, but unfortunately, obtaining some types of credits are not feasible. Please register early, as we can only apply for credits after your registration form has been received and it can take time to get the requested approvals back from the accrediting agencies.
Accident Reconstructionists: The ACTAR Continuing Education Unit has approved this program for 7 CEUs.
Accountants: Earn 8.0 CPE credits in the field of study of Specialized Knowledge and Applications. SEAK, Inc. 108578 is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org For SEAK, Inc.’s complaint and program cancellation policies please call SEAK, Inc. at 508-457-1111. Prior training as an expert witness or significant testifying experience is a prerequisite for this advanced group-live program. No advanced preparation is required.
Appraisers: The American Society of Appraisers will accept 7.0 continuing education hours for this program.
Arborists: SEAK has applied for continuing education hours through the International Society of Arboriculture (ISA).
Attorneys: Credit varies by state. Continuing legal education credits for attorneys will only be applied for if requested in writing when sending in the registration form for the conference. Please contact Karen Cerbarano (781-261-9972, Karen@seak.com) with any questions.
Engineers: SEAK, Inc. has been approved as an Authorized Provider by the International Association of Continuing Education and Training (IACET), 1760 Old Meadow Road, Suite 500, McLean, VA 22102. SEAK, Inc. is authorized by IACET to offer .7 CEUs for this program. PARTIAL CREDIT IS NOT ALLOWED. Prior training as an expert witness or significant testifying experience is a prerequisite for this advanced group-live program. No advanced preparation is required. This is an interactive program where learner-instructor dialog is encouraged. No technological skills or equipment is required.
Life Care Planners: The Commission on Health Care Certification (CHCC) has given the course 7 CEUs. Course number 1076.
Physicians: SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this educational activity for a maximum of 7.0 AMA PRA Category 1 Credit(s)™. Physicians should only claim credit commensurate with the extent of their participation in the activity.
Psychologists: 7.0 CE Credits. SEAK, Inc. is approved by the American Psychological Association to sponsor continuing education for psychologists. SEAK, Inc. maintains responsibility for this program and its content. To receive credit each psychologist must attend the entire program, sign in before the program, sign out after the program and return a completed evaluation form. PARTIAL CREDIT IS NOT PERMITTED. Prior training as an expert witness or significant testifying experience is a prerequisite for this advanced group-live program. No advanced preparation is required.
SCHEDULE
7:30–8:00 Registration and Continental Breakfast
8:00–9:15 Bullet-Proofing Yourself
In order to become dangerous, an expert must deny opposing counsel ammunition to attack the expert’s credentials and credibility. This segment will identify a check list of potential areas of attack that experts may be subject to regarding their credentials and credibility including: problem language on CVs, skeletons in the closet, past testimony, controversial associations, missing credentials, etc. The faculty will provide specific advice on how to insulate yourself as much as possible from these attacks before you ever take the stand. Questions and Answers. Learning Objective: List techniques to insulate yourself from potential attacks by opposing counsel.
9:15–10:00 Bullet-Proofing Your Opinions
Dangerous expert witnesses express opinions that hold up under the most rigorous scrutiny and cross-examination. This segment will identify the most common ways in which opposing counsel is able to poke holes in an expert’s opinion and provide specific action steps to bullet-proof your opinion including, learning how and when to say “no” to retaining counsel, buttressing your opinions with research, conducting a thorough investigation, staying within your true area of expertise, case selection, etc. Questions and Answers. Learning Objective: Describe how to make your opinions more resistant to cross-examination.
10:00–10:15 Break and Networking Opportunity
10:15–11:15 Defeating Opposing Counsel’s Deposition Tactics
Most cases are won and lost in the discovery phase. The expert’s deposition is a crucial component of discovery. The rules under which a deposition is conducted are much different than the rules that apply at trial. For example, there is no judge present at a deposition and the grounds for objection are far more limited at deposition than at trial. In this segment, experts will learn advanced techniques for defeating 25 of opposing counsel’s tactics used to trick and trap an expert at depositions. Many of these tactics and defenses will be demonstrated with student participation. Questions and Answers. Learning Objective: Discuss how to defeat opposing counsel’s deposition tactics.
11:15–12:00 Hitting a Home Run During Your Direct Examination
Experts typically obsess about cross-examination and worry (and prepare) far less than they should for direct examination. Dangerous experts understand that their direct examination testimony is probably more important in most cases than their cross-examination testimony. In this section, a concise lecture on advanced direct examination strategies for experts will be followed by short interactive demonstrations where student experts are asked to provide direct testimony and this testimony is critiqued by the group and judged on understandability, persuasiveness, style, and the all important “intangibles.” Questions and Answers. Learning Objective: List techniques to present more persuasive direct testimony.
12:00–1:00 Lunch Provided With Faculty
1:00–2:00 Defeating Opposing Counsel’s Cross-Examination Tactics
Experts can expect opposing counsel to use numerous tactics, fair and unfair, to attempt to twist and spin the facts and attack and degrade the expert. Dangerous experts are prepared to defeat opposing counsel’s cross-examination tactics. In this segment, experts will learn advanced techniques for defeating 25 of opposing counsel’s cross-examination tactics. Many of these tactics and defenses will be demonstrated with student participation. Questions and Answers. Learning Objective: Explain how to defeat opposing counsel’s cross-examination tactics.
2:00–3:15 Truthfully and Artfully Answering Trick and Difficult Questions
Good experts often do very well while testifying except for one or two trick or difficult questions which they are unprepared to answer and stumble on. Dangerous experts have mastered the techniques for identifying and responding to trick and difficult questions. In this segment, experts will learn advanced techniques for identifying and responding to trick and difficult questions. These techniques will then be demonstrated and students tested and critiqued on their skills as the instructor asks numerous trick and difficult questions to class members. Questions and Answers. Learning Objective: Describe truthful and artful responses to trick and difficult questions.
3:15–3:30 Break and Networking Opportunity
3:30–4:15 Sticking the Knife In
The most dangerous of all experts are those experts who are able to turn the tables on opposing counsel and “stick the knife in.” These experts are particularly dangerous as opposing counsel is quite likely to lose far more ground during cross-examination that she is to gain. In this section the faculty will explain several techniques on how and when seize the opportunity to turn the tables on opposing counsel. Each of these techniques will be demonstrated by brief interactive cross-examination demonstrations using students in the class. Questions and Answers. Learning Objective: Explain how to turn the tables on opposing counsel.
4:15–4:30 Takeaways, Conclusion and Evaluation
The instructor will take any final questions and solicit from the group a concise set of practical “bullet point” takeaways based on what was learned in this workshop. Learning Objective: List techniques to be a more effective expert witness.
HOTEL INFORMATION
The site hotel is the Crowne Plaza Chicago O’Hare Hotel & Conference Center in the village of Rosemont, IL. This full service “fly in fly out” property is easily accessible to Chicago’s O’Hare airport and provides complimentary 24 hour shuttle service to and from O’Hare Airport and is a modern, well-equipped quiet hotel. All of the guest rooms are brand new and come equipped with additional amenities such as refrigerator, in-room safe, cordless telephone, 32 inch High Def. LCD TV, double paned windows and Full size sofa-sleepers in all King bedded rooms.The Crowne Plaza Chicago is located directly across the street from Rosemont Convention Center. The compact Village of Rosemont is a very popular convention destination that features over 5,000 hotel rooms, numerous restaurants including Morton’s, Nick’s Fish Market, The Capital Grille, and McCormick and Schmick’s, the brand new state of the art 101,000 square foot Muvico Theaters Rosemont 18, the Rosemont Theater, the Museum of Hummels and other attractions. The Chicago Loop and Magnificent Mile are accessible via taxi or you can walk to the subway from the Crowne Plaza. SEAK has secured a special group rate of $104/night (single and double). Rooms are limited and this rate expires on June 1, 2010. To make your reservations, please call 888-233-9527 and refer to the SEAK Group rate.