Jury Trial Skills Workshop
The Naples Beach Hotel and Golf Club, Naples, FL
Tuesday, April 12, 2011
Continuing Education Information
Schedule
Hotel Information
Registration Information
Brochure
Register Online
Executive Summary: This course will utilize a mock jury for focus group style feedback. This workshop is for expert witnesses who want to raise their trial performance to the next level. Expert witnesses who can excel in front of a jury are extremely valuable to retaining counsel. Trial lawyers utilize mock jurors in their own CLE Trial Practice courses. SEAK is pleased to now offer a similar opportunity for expert witnesses. The highly experienced faculty will teach sophisticated techniques for excelling during direct and cross examination. Numerous demonstrations will be conducted in front of the mock jury. Attendees will be encouraged to submit their C.V. and one expert report which can be used during demonstrations.
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 has recently trained both the FAA and FBI) 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.
James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses. He is a former litigator with experience in defense and plaintiff personal injury law and insurance law. He currently serves as Vice President and General Counsel of SEAK, Inc. Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. His publications include the texts Depositions: The Comprehensive Guide for Expert Witnesses, The A-Z Guide to Expert Witnessing, Cross-Examination: The Comprehensive Guide for Experts, National Guide to Expert Witness Fees and Billing Procedures, Writing and Defending Your IME Report, How to Excel During Depositions: Techniques for Experts That Work, Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies, and The Biggest Mistakes Expert Witnesses Make and How to Avoid Them.
Registration Information: The $495 tuition includes continental breakfast, lunch with the faculty and jury, a workshop manual not available elsewhere, and a unique opportunity to get honest, direct & unvarnished focus group style feedback from an impartial jury. 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 (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 6 CEUs.
Accountants: Earn 7.5 CPE credits in the field of study of Specialized Knowledge and Applications. SEAK, Inc. 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. There are no prerequisites for this intermediate group-live program. No advanced preparation is required.
Appraisers: The American Society of Appraisers will accept 6.5 continuing education hours for this program.
Arborists: SEAK has applied for Continuing Education Units 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 (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. There are no prerequisites for this intermediate 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 6.5 CEUs. Course number 1128.
Physicians: SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this live activity for a maximum of 6.5 AMA PRA Category 1™ Credits. Physicians should only claim credit commensurate with the extent of their participation in the activity.
Psychologists: 6.5 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. There are no prerequisites for this intermediate group-live program. No advanced preparation is required.
SCHEDULE
8:00–8:30 Registration and Continental Breakfast
8:30–10:00 DIRECT EXAMINATION TECHNIQUES
Faculty will explain and demonstrate with the aid of the attendees 20 crucial techniques that experts need to master to excel during their direct examination including:
• Speaking at a healthy, confident pace
• Stating objective and persuasive reasons why you disagree with the other expert
• Using appropriate analogies to explain complex concepts
• Using easy-to-understand language
• Using language that clearly indicates that you were hands-on
• Using numbered lists
• Using powerful language
• Using precise language
• Using short preview and review summaries
• Using visual aids
• Using your qualifications as an opportunity to teach
• Appearing confident and enthusiastic and using confident language
• Citing detailed facts
• Citing references
• Connecting the dots as to why your qualifications are relevant to this case
• Dealing with problem areas and weaknesses during direct examination
• Emphasizing key points
• Getting to the point: Giving your conclusions first (headline) then filling in reasons
• Name dropping
• Show you have things in common with the jury
QUESTIONS & ANSWERS Learning Objective: List techniques to be more effective during direct examination.
10:00–10:15 Break and Networking Opportunity
10:15–12:00 DIRECT EXAMINATION DEMONSTRATIONS
Faculty will call on a series of volunteer attendees who have pre-submitted their CVs and reports to participate in a brief direct examination demonstration. Attendees will be encouraged to use one or more of the 20 direct exam techniques previously taught. Jurors will give their frank feedback on how the expert excelled and how he/she can improve his/her jury trial skills. QUESTIONS & ANSWERS Learning Objective: Describe methods for providing more effective direct testimony.
12:00–1:00 LUNCH (PROVIDED) WITH FACULTY & JURORS
1:00–2:15 CROSS-EXAMINATION TECHNIQUES
Faculty will explain and demonstrate with the aid of the attendees the 40 crucial techniques that expert witnesses should master to excel during their cross-examination including:
• Dealing with Questions You Do Not Understand
• Dealing with Sarcasm Effectively
• Dealing with Tests You Did Not Perform
• Dealing with the Issue of Testifying for Plaintiffs/Defendants
• Dealing with Your Preparation Session(s) with Retaining Counsel
• Disclaimers in Report
• Disputing the Premise of the Question
• Explaining First, Then Answering
• Explaining How You Verified What Counsel Sent/Told You
• Explaining Your Fee Schedule and Income
• Giving a Detailed Reply to An Inadvertent Open-Ended Question
• How to Ask Opposing Counsel Questions Effectively
• Making Concessions
• Pointing Out Hypocrisy
• Pointing Out That You Haven’t Been Allowed to Explain
• Repeating Damaging Testimony
• Springing Personal Information That Will Make the Jury Sympathetic to You
• Using Analogies during Cross-Examination
• What to Do When Trapped on Cross-Examination
• “Isn’t It Possible?”
• “Now, That’s a Good Question.”
• A Matter of Honor
• Admitting Mistakes Gracefully
• Allegations of Cherry-Picking
• Answering Hypothetical Questions or Questions with New Assumptions
• Answering Questions about Missing Credentials or Certifications
• Answering Questions from the Judge
• Answering Yes or No Questions
• Attacks on One or More of Your Assumptions
• Authoritative Texts/Learned Treatises
• Avoiding Getting Pushed Outside Your Area of Expertise
• Being Accused of Being a Professional Witness
• Breaking Counsel’s Momentum
• Commenting on the Opposing Expert’s Reputation
• Dealing with a Reasonable Degree of Certainty
• Dealing with Demonstrations
• Dealing with Documents You Have Never Seen Before
• Dealing with Interruptions by Counsel
• Dealing with Marketing Questions
• Dealing with Mischaracterizations by Opposing Counsel during Cross-Examination
QUESTIONS & ANSWERS Learning Objective: List techniques to be more effective during cross examination.
2:15-2:30 BREAK AND NETWORKING OPPORTUNITY
2:30-4:15 CROSS EXAMINATION DEMONSTRATIONS
Faculty will call upon a series of volunteer attendees who have pre-submitted their CVs and a report to participate in a brief demonstration in front of the jury. Jurors will give their frank feedback on how the expert excelled and can improve his/her jury skills. QUESTIONS & ANSWERS Learning Objective: Describe methods for being more effective during cross examination.
4:15-4:30 TAKEAWAYS, CONCLUSION, AND EVALUATION
Faculty will take any final questions and solicit from attendees a series of takeaways on how all the attendees can improve their jury skills and become more effective in front of a jury. QUESTIONS & ANSWERS Learning Objective: List the most important concepts, techniques and action steps learned in the program.
HOTEL INFORMATION
A limited block of rooms will be available at special rates at the site hotel ($199 Resort View / $229 Gulf View). Rooms are limited and this rate expires Monday, March 14, 2011. To make your reservations please call 1-800-237-7600 and mention that you are with SEAK, Inc. These rates are available for a limited time and on a limited number of rooms so you are strongly encouraged to make your reservations as soon as possible. The Naples Beach Hotel & Golf Club (www.naplesbeachhotel.com) features a gorgeous beach on the Gulf of Mexico, onsite championship golf, an award winning Tennis Center, large beachside swimming pools,complete fitness center, a world class Spa and a complimentary Beach Klub 4 Kids. It is located in the heart of Olde Naples and is a 2-3 minute drive to the world famous shops, galleries and restaurants of Fifth Avenue. Most major domestic carriers and several international airlines provide frequent service into Southwest Florida International Airport, just 40 minutes from the resort. Naples is located approximately 100 miles west of Miami and Ft. Lauderdale, 150 miles south of Tampa and is easily reached by automobile. To make your hotel room reservation please click here.