19th Annual National Expert Witness Conference
The Program for Expert Witnesses of all Disciplines and Levels of Experience
June 24–25, 2010
Chicago, IL
Schedule
Continuing Education Credits
Hotel Information
Brochure
Register Online
Preconferences:
Executive Summary
SEAK, Inc. is pleased to present its Nineteenth Annual National Expert Witness Conference. Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include lectures, trial demonstrations, lively question and answer periods, and intensive breakout sessions led by a highly qualified faculty.
Conference registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and collegial atmosphere. We are proud to present eight preconferences this year. We are also pleased to provide continental breakfast each day, an hors d’oeuvre reception on June 24 and lunch with faculty each day. Our faculty this year includes three distinguished judges. Our expanded program will permit participants to obtain even more information than in past years. We are very pleased to offer continuing education credits this year. Please see page 4 for additional information.
Free with each Registration: Tuition for the Nineteenth Annual National Expert Witness Conference is $995. This tuition includes a detailed course book, coffee breaks, an hors d’oeuvre reception with complimentary drink, two continental breakfasts and two conference luncheons. Tuition for each preconference is $495 and includes all handout materials, continental breakfast, lunch with faculty, and coffee breaks. To register by fax please click here. To register online please click here.
Cancellations: Conference cancellations received in writing before June 1, 2010 will receive a full refund. Persons canceling after June 1, 2010 will not receive a refund, but will be provided with the handout materials.
WHAT YOUR COLLEAGUES HAVE TO SAY:
“High quality–exceeded expectations.”
“Thanks for the great opportunity to enhance my skills.”
“Your program was a pot of gold.”
“Excellent! Excellent! Excellent!”
“The presenters were excellent.”
“This is my fourth year of attendance. I keep coming as long as I go away with new gems of knowledge or technique.”
“Informative, attention holding, practical! Exceeded my expectations in terms of what I would be able to take back with me!”
“Very professionally done.”
“Good job–well done, excellent conference.”
“All speakers were outstanding and should be invited back.”
“Right on point.”
“By far the best value of all training I’ve attended.”
“All speakers were superb. I would not hesitate to recommend the seminar to others and already have!”
“Very well done, great faculty.”
“Excellent presentations, information, handouts, and interaction.”
“Well done, on time, excellent speakers and good topics.”
“All speakers and presentations were very good.”
“Impressed with the intellectual atmosphere, the thought-provoking questions of the attendees and the insight brought by judges, lawyers and trial consultants.”
“Excellent, clear speakers, very good breakout sessions.”
SCHEDULE
THURSDAY, JUNE 24, 2010
7:00–8:00 REGISTRATION AND CONTINENTAL BREAKFAST
8:00–9:00 A View from the Bench
Honorable Marlene F. Lachman
Judge Lachman will discuss how the expert’s demeanor, language, and presentation, together with the content of the expert’s testimony, impacts their effectiveness. She will share recent feedback from jurors on what they liked and did not like about expert witnesses. Judge Lachman will offer practical suggestions for experts on how to improve the quality and effectiveness of their testimony. QUESTIONS & ANSWERS. Learning Objective: List techniques for providing more effective expert testimony.
Marlene F. Lachman is a Judge of the Court of Common Pleas of Philadelphia. Judge Lachman was elected to the Philadelphia Court of Common Pleas in 1995 and re-elected in 2005. Before going on the bench, she served as Prothonotary of the Pennsylvania Supreme Court and deputy general counsel, Office of General Counsel for the Commonwealth. Judge Lachman formerly practiced as a civil litigator at Bernstein, Bernstein and Harrison and at Mesirov, Gelman, Jaffe, Cramer and Jamison in the areas of medical malpractice, products liability and general commercial litigation. She has been active in the Philadelphia, Pennsylvania and American Bar Associations, having served on the Board of Governors and as chair of the YLS of the Philadelphia Bar Association and in the House of Delegates of the Pennsylvania Bar Association. Judge Lachman also has served as a hearing panel member for the Pennsylvania Supreme Court Disciplinary Board, and as Parliamentarian of the National Conference of Appellate Court Clerks. She is involved in numerous professional and civic organizations. Judge Lachman is a frequent lecturer on trial practice and for five years chaired the Judicial Education Committee of the Philadelphia Court of Common Pleas.
9:00–10:00 Direct Examination: What Lawyers Want from Their Expert
Roy DeCaro, Esq.
Attorney DeCaro will explain how lawyers choose experts with an eye toward their direct examination. He will discuss how experts can convey and make understandable complex information for the jury. Attorney DeCaro will review how, through a well planned direct examination, the expert can reveal her personality, likeability, credibility and fairness and deal with potential problem areas and weaknesses. He will demonstrate how the expert can use demonstrative evidence to teach and bond with the jury. Attorney DeCaro will offer practical suggestions on how to excel at their direct examination when delivered live or through a video deposition. QUESTIONS & ANSWERS. Learning Objective: Identify what retaining counsel wants from experts.
Roy DeCaro has tried more than 200 jury trials during his legal career, first as a prosecutor and now as a plaintiff’s attorney. He has achieved on behalf of his clients over a dozen verdicts in excess of $1,000,000.00. As a prosecutor, he persuaded juries to convict murderers, drug dealers, motorcycle gang members, organized crime figures, corrupt police officers and corrupt public officials. As a plaintiff’s trial lawyer, Roy has represented those who have been seriously injured or killed by others’ negligence, including those injured due to medical error, unsafe products, or negligent drivers. For the past few years, Mr. DeCaro has been named a “Super Lawyer” in Philadelphia Magazine, and has been ranked as one of the top 100 lawyers in Pennsylvania. Mr. DeCaro was selected by his peers for inclusion in “Best Lawyers in America”. Most recently, he was named by “Lawdragon” Magazine as one of the 500 best plaintiff lawyers in the United States. According to “Lawdragon,” among the factors utilized in the selection are “extensive research by a staff of award winning journalists who interview thousands of lawyers nationwide and a survey of lawyers and clients who nominate and vote for their peers online.”
10:00–10:15 BREAK AND NETWORKING OPPORTUNITY
10:15–11:15 Marketing Your Forensic Practice: Advanced Cost-Effective Techniques That Work
Richard A. Pollack, CPA, CFF, ABV
Mr. Pollack will discuss how to develop an evergreen referral base and professional capital. He will explain how to distinguish and differentiate yourself from your peers and how to get favorable publicity and word of mouth referrals. Mr. Pollack will review the most effective techniques and strategies for marketing your expert witness practice, including: mailing and contact list development, promoting yourself and firm by public speaking, newsletters/email blasts and writing, types of organizations to be active in, marketing to judges, development and marketing of professional credentials and resume, and your firm brochure and website. QUESTIONS & ANSWERS. Learning Objective: Discuss the effective marketing techniques which experts can utilize.
Richard A. Pollack is the managing director of forensic and valuation services for Berkowitz Dick Pollack & Brant. Mr. Pollack has over thirty years experience serving as a litigation consultant, expert witness, court appointed expert, forensic accountant and forensic investigator. He specializes in damage quantification, fraud claims, commercial disputes, accounting, auditing, business valuation and business planning. Mr. Pollack is a Certified Public Accountant (CPA), and holds many valuation and forensic credentials. He has testified numerous times in a variety of federal and state courts and other dispute resolution forums. Mr. Pollack is a frequent writer and a nationally recognized speaker for the accounting and legal profession.
11:15–12:15 Making Complex Information Understandable: What Works for Experts
Stephen A. Batzer, PhD, PE
Dr. Batzer will discuss and demonstrate how to translate and explain complex scientific concepts, data, and principles in an interesting understandable fashion for judges and juries. He will explain and demonstrate the effective use of simple graphic illustrations, physical demonstrations, animation, and analogies to put concepts and calculations in context for the fact finder in a fashion they can relate to. Dr. Batzer will offer practical suggestions for working with retaining counsel to make complex information come to life in the courtroom. QUESTIONS & ANSWERS. Learning Objective: List the strategies which experts can utilize to translate complex concepts into clear, understandable information.
Stephen A. Batzer, PhD, PE is a Director of the Engineering Institute LLC located in Farmington, AR. He received his BS and PhD in Mechanical Engineering from Michigan Technological University and his MS in manufacturing systems engineering from the GMI Engineering and Management Institute. Dr. Batzer has written and lectured extensively on forensic engineering issues and is an experienced expert witness. Dr. Batzer is an instructor at ASM International and is also an adjunct professor, Mechanical Engineering Department at the University of Arkansas. He currently gives expert testimony regarding the crashworthiness of vehicles and is a national figure on the topic of automotive safety.
12:15-1:15 LUNCH PROVIDED WITH FACULTY
1:15-2:05 BREAKOUT SESSIONS: CHOOSE ONE
A. Demonstrative Evidence and Expert Witnesses
Jeffrey Kroll, Esq.
Attorney Kroll will explain how attorneys use demonstrative evidence with expert witnesses to persuade a judge and jury. He will also show how to maximize damages using demonstrative evidence. He will demonstrate, with the use of video, models, and a computer, how to simplify complex issues so that they are easily understandable for juries. Attorney Kroll will discuss the expert’s role in preparing and working with demonstrative evidence. Attorney Kroll will give practical suggestions for how experts and attorneys can work together to persuade juries in 2010 and beyond. QUESTIONS & ANSWERS. Learning Objective: Describe how to use demonstrative evidence to bolster your testimony.
Jeffrey J. Kroll, Esq. is the principal at the Law Offices of Jeffrey J. Kroll in Chicago. He founded his firm with 19 years’ experience representing victims and their families, and has achieved record settlements and verdicts in a wide range of areas, from medical malpractice to product liability. Kroll has won settlements or verdicts of more than $1 million on more than 40 occasions. He is recognized within the legal community and belongs to many state and national bar associations, holding leadership positions in several. He has given more than 100 lectures throughout the country and had numerous articles published in legal journals on topics such as strategic jury selection, preparing expert witnesses and the role of storytelling in a personal injury trial. In 2002, Kroll was selected by The National Law Journal as one of the top 40 attorneys in America under the age of 40, and was the only personal injury lawyer in the Midwest selected. He also has been selected as one of the Top Plaintiff’s Personal Injury Attorneys in Chicago Lawyer magazine. Kroll has taught Trial Advocacy at his alma mater, DePaul, and Trial Advocacy at Northwestern Law School. He recently was elected to DePaul University’s Board of Trustees. Kroll graduated from DePaul University College of Law and received his B.S.C. from DePaul in Finance and Economics in 1987.
B. Daubert: What Every Expert Witness Needs to Know
Jonathan M. Hoffman, Esq.
Attorney Hoffman will discuss the techniques and strategies attorneys are using to challenge the admissibility of expert testimony under Daubert. Atty. Hoffman will suggest practical suggestions attorneys and experts can and should consider to avoid Daubert challenges or to defend against them. He will explain the precise steps experts should take to protect themselves, their reputation, and careers when faced with a Daubert challenge. QUESTIONS & ANSWERS. Learning Objective: Discuss the strategies attorneys are using to challenge the admissibility of expert testimony under Daubert.
Attorney Hoffman is a senior partner and trial attorney in the Oregon firm of Martin, Bischoff, Templeton, Langslet & Hoffman LLP. His articles on post-Daubert expert testimony, entitled A Briefcase and an Opinion and Out of the Frye-ing Pan: Daubert’s Application to Testimony from Non-Scientific Experts appeared in the Product Safety and Liability Reporter. Earlier this year, his article on the admissibility of experimental evidence, If the Glove Don’t Fit, Update the Glove, was published in the Nebraska Law Review. Atty. Hoffman has offices in Portland, Oregon, and Anchorage, Alaska, where his firm defends aviation and product liability matters throughout those states. Atty. Hoffman is a frequent speaker whose engagements have included the American Bar Association, the Product Liability Advisory Council, the Defense Research Institute, the Oregon State Bar, the Oregon Association of Defense Counsel, The Center for International Legal Studies, and many others.
2:05–2:15 BREAK AND NETWORKING OPPORTUNITY
2:15–3:05 BREAKOUT SESSIONS: CHOOSE ONE
A. Bullet-Proofing Your Retention Agreement
James J. Mangraviti Jr., Esq.
A well draft retention agreement will protect an expert witness from the vast majority of problems that can occur when serving as an expert witness. Attorney Mangraviti will discuss numerous serious problems that can be mitigated or completely eliminated through a well drafted retention agreement. QUESTIONS & ANSWERS. Learning Objective: Explain how a well crafted retention agreement will protect the expert.
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.
B. Case Selection by Experts: Best Practices
Shari Julian, Ph.D., MS, MEd
Dr. Julian will discuss the importance of screening cases and the methodology she utilizes prior to accepting assignments, including: the trial experience of retaining counsel, their understanding of the role of the expert witness, their willingness to work collaboratively on Daubert issues and their case, and the expert criteria in their particular state. She will explain the importance of maintaining consistency, believing in the case, and having the precise qualifications necessary to do excellent work. She will explain the protocol she uses when not accepting a case. Dr. Julian will offer practical suggestions for building and maintaining excellent word of mouth referrals and a premiere forensic practice through careful case selection. She will place particular emphasis on navigating the complexities and avoiding some of the current pitfalls of Daubert. QUESTIONS & ANSWERS. Learning Objective: Describe techniques for screening cases.
Shari Julian, Ph.D., MS, MEd, is President of Comprehensive Behavioral Consultants in Euless, Texas. Dr. Julian received her MEd in counseling, her MS in human development, and her Ph.D. in administration (emphasis on public policy and administration). She holds a post-doctorate in sexual issues and in forensic mental health. Dr. Julian has written and lectured extensively on forensic mental health and criminology, human resource and employment issues, sexual harassment, employment discrimination, victimology, and corporate policy and responsibility cases. She has worked throughout the United States and in many countries throughout the world. Dr. Julian is a highly experienced expert having been involved in well over 300 civil cases and countless criminal cases.
3:05–3:15 BREAK AND NETWORKING OPPORTUNITY
3:15–4:15 BREAKOUT SESSIONS: CHOOSE ONE
A. The Persuasive Expert: Tips, Techniques and Best Practices
Pamela W. Carter, Esq.
Expert witnesses play a vital role in our judicial system. They can prevent the filing of unmeritorious lawsuits and even change the course of a case. In the last decade, and particularly in the last few years, expert witnesses of all stripes have found the courts raising the standards of their livelihood. Recent U.S. Supreme Court cases and changes in the Rules of Evidence have permanently changed the landscape in state and federal court cases of all testifying experts. Experts of all fields need to understand the new developments and embrace the best practices. This presentation will provide suggestions and recommendations for effective expert witness testimony. Attorney Carter will discuss how experts should work with retaining counsel to present their qualifications and opinions in a short, powerful, and humanizing fashion. Experts must be able to convey findings to a judge or to a jury of 12 people, usually laypersons, in language that they can easily understand. This presentation will provide practical suggestions and address the use of preparation, powerful analogies, and language to increase the expert’s persuasiveness. QUESTIONS & ANSWERS. Learning Objective: List techniques to more effectively persuade decision makers.
Pamela W. Carter is a shareholder in Baker, Donelson, Bearman, Caldwell & Berkowitz’s New Orleans office. She served as judicial clerk to the Honorable Niles A. Hellmers, 1995 to 1996. Before her legal career, Ms. Carter was a television journalist. Atty. Carter has tried cases to verdict in federal and state courts for her corporate clients ranging from simple disputes, to complex claims involving business torts, insurance disputes and employment matters, among others. She has thirteen years of trial experience, with twenty trials conducted to verdict in federal and state courts. Atty. Carter has served as local coordinating counsel on Louisiana litigation for Fortune 500 automotive manufacturers and insurance clients. She has provided day-to-day case management and strategic recommendations of coverage and product liability matters including dietary supplements, transportation/trucking and machine defects. Atty. Carter also served as Louisiana counsel in Hurricane Katrina and Rita related cases and has litigated a wide variety of personal injury cases. She has previously written several articles and lectured on litigation issues before organizations and at conferences across the country. She currently serves on the council of the American Bar Association’s Tort Trial & Insurance Practice Section and is an active member of the Louisiana State Bar Association and the Defense Research Institute.
B. Staying on the Cutting Edge: Best Practices for Experts to Maintain Their Expenses
Daniel Melcher, PE
Mr. Melcher will discuss the advantages for experts staying in the forefront of their profession. He will explain the strategies to be used, including: research, publications, teaching continuing education, technology, leadership, and more. Mr. Melcher will demonstrate how, with innovative practice methods, experts can avoid stagnating and being forced to rely on past credentials. He will offer the positive, professional, and financial implications of staying on the cutting edge. QUESTIONS & ANSWERS. Learning Objective: List ways for experts to stay current within their profession.
Daniel J. Melcher is Vice President of Armstrong Forensic Engineers, a multi-disciplinary firm with offices in Chicago, Tampa, and Denver. He is a professional engineer with experience in mechanical engineering, transportation, traffic engineering, and forensic engineering. Mr. Melcher received his BS in mechanical
engineering from Virginia Tech and his MS in transportation engineering from Georgia Tech. Mr. Melcher’s ongoing Transportation Safety research and nternational safety policy consulting has resulted in many peer-reviewed publications and presentations at technical conferences and professional forums around the globe. He has provided expert witness testimony in criminal proceedings and civil litigation at the deposition, mediation, and jury trial levels in 13 states.
FRIDAY, JUNE 25, 2010
7:00–8:00 CONTINENTAL BREAKFAST
8:00–9:00 The Biggest Mistakes Experts Make and How to Avoid Them
Honorable William P. Levens
Judge Levens will identify and review the common and not so common mistakes expert witnesses make and will explain how to avoid them. He will discuss demeanor, presentation, communication skills, and the maintenance of integrity, credibility, and reputation. Judge Levens will offer practical suggestions that experts can adopt to improve their effectiveness. QUESTIONS & ANSWERS. Learning Objective: Identify the common mistakes experts make when presenting their testimony.
The Honorable William P. Levens is a circuit court Judge in Tampa, Florida. Judge Levens was appointed by Governor Jeb Bush in 2000 and re-elected in 2002 and 2008. Judge Levens received his B.A. and J.D. degrees from the University of Florida. He is a certified judicial mentor and President-Elect, J. Clifford Cheatwood Inn of Court. Judge Levens is currently assigned to the general civil division. He presided over Refik Kozic v. Merck, the first Vioxx case to proceed to trial in the state of Florida.
9:00–10:00 Cross-Examination Survival Techniques: What Every Expert Needs to Know
James Bartimus, Esq.
Jim Bartimus will explain how experienced counsel prepares to depose or cross an expert witness. He will discuss credentials, fees, bias, prior testimony, assumptions, assistance from retaining counsel, reports, depositions and trial. Jim will offer practical advice to experts on how to survive and excel during their cross-examination. QUESTIONS & ANSWERS. Learning Objective: Explain the process attorneys go through to prepare for cross-examination of experts.
James Bartimus has over 30 years of trial experience representing plaintiffs nationwide in complex medical negligence cases. Upon completing law school, Mr. Bartimus attended medical school for 3 years. He is listed in the Best Lawyers of America, Super Lawyer for both Kansas and Missouri and voted Best Medical Negligence Lawyer in Missouri. Mr. Bartimus has served as president of Civil Justice Foundation, Missouri Association of Trial Attorneys, Kansas City Metropolitan Bar Association and Bar Foundation, Missouri Institute for Justice, the regional chapter of the American Board of Trial Advocates, and UMKC Law Foundation. Mr. Bartimus has served on national boards including the American Board of Trial Advocates, Public Justice, and American Association of Justice. Mr. Bartimus has taught as adjunct professor at the University of Missouri at Kansas City School of Law and adjunct faculty at the School of Nursing. Mr. Bartimus has lectured nationwide, in Europe and Australia. Mr. Bartimus is founding partner of the law firm of Bartimus Frickleton Robertson & Gorny with offices in Missouri and Kansas.
10:00–10:15 BREAK AND NEWTORKING OPPORTUNITY
10:15–11:15 Preparation of Experts to Excel: Looking at it from Both Sides Now
Mitchell Lathrop, Esq.
Attorney Lathrop will explain how experts should be prepared, both from the perspective of a highly experienced expert, and trial attorney. He will discuss standards of admissibility, reliability and methodology, hypothetical questions, and reliance on the work of others. Attorney Lathrop will offer suggestions on how to get reluctant retaining counsel to thoroughly prepare the expert for deposition/trial. He will explain the protocol he uses to prepare prior to testifying as an expert. QUESTIONS & ANSWERS. Learning Objective: Describe best practices of expert witness preparation.
Mitchell L. Lathrop, Esq., is a partner in the San Diego office of the national law firm of Mintz Levin. His practice focuses on reinsurance and insurance law, securities litigation, complex civil litigation, domestic and international arbitration, environmental law, and dispute resolution. He frequently serves as an expert witness on insurance and reinsurance matters in both state and federal courts. Mitch received his J.D. from the University of Southern California School of Law and a Diploma in International Arbitration Law from the College of Law of England and Wales. He is admitted to practice in New York, California, and the District of Columbia, and is a member of the American Board of Trial Advocates.
11:15–12:15 Expert Report Writing: Best Practices
Robert T.M. Phillips, MD, Ph.D., DFAPA
A comprehensive and well-written report allows the expert to demonstrate diligence, expertise, and thorough understanding of the issues. Dr. Phillips will outline the essential elements that should be addressed in an expert report. He will discuss the importance of obtaining and documenting all available information and records, including findings of any examinations conducted when formulating opinions expressed in the expert report. Dr. Phillips will explain why relevant information and explanations of reasoning cannot be omitted with the rationale that they will be addressed in court. He will discuss why experts must not overextend themselves in case selection and in forming opinions. Dr. Phillips will describe best practices that enable experts to write clear reports that articulate supportable opinions. Dr. Phillips will also explain the intensive quality assurance practices he utilizes to write accurate, clear, and scientifically defensible expert reports. QUESTIONS & ANSWERS. Learning Objective: Identify techniques experts can utilize to provide a well written report.
Robert T.M. Phillips, MD, Ph.D., DFAPA, is Medical Director of Forensic Consultation Associates, a private practice specializing in psychiatric consultations in civil and criminal litigation. Dr. Phillips received his B.S. from Boston College; Ed.M. from Harvard University; Ph.D. from the University of Iowa; and M.D. from the Mayo Medical School. He completed internship training at the Mayo Clinic and psychiatric residency the Yale University School of Medicine where he was appointed Chief Resident. Dr. Phillips is an Adjunct Associate Professor of Psychiatry and Adjunct Professor of Law at the University of Maryland Schools of Medicine and Law and serves a Consultant Psychiatrist to the Intelligence Division of the United States Secret Service. Possessing considerable expertise and widely published in the field of forensic psychiatry, Dr. Phillips is routinely called upon by the court, the prosecution/plaintiff and the defense in both federal and state jurisdictions and has been qualified as an expert witness throughout the country.
12:15–1:15 LUNCH PROVIDED WITH FACULTY
1:15–2:05 BREAKOUT SESSIONS: CHOOSE ONE
A. Teaching Your Way to Credibility: How to Excel
Denise Montiel, B.S., M.S.
Ms. Montiel will explain why experts should avoid the temptation of playing down the technical aspects of the case, and focus instead on effective tutorials that hold interest while teaching key points. She will demonstrate how to effectively translate data into communication. Ms. Montiel will explain and demonstrate the power of visuals and technology to teach, deliver effective testimony, and build your credibility with the jury or fact finder. She will offer practical advice and suggestions on how experts can excel in communication of their analysis and opinions. QUESTIONS & ANSWERS. Learning Objective: Explain techniques to better teach the jury.
Denise Montiel is Vice President Litigation Services for ARCCA. Ms. Montiel earned a B.S. in General Engineering from Loyola College and a Master’s Degree in Materials Science and Engineering from The Johns Hopkins University. Having established a solid background in materials research and design, she began handling challenging communications projects involving presentation of complex, technical, and legal concepts. Ms. Montiel has worked directly with numerous testifying experts, in many different disciplines, on large scale litigation projects in most major venues in the U.S. She has an in-depth understanding of the litigation process and related strategies.
B. Acting as a Consulting Expert: Roles, Rules, and Rewards
Eric Y. Drogin, J.D., Ph.D.
Dr. Drogin will compare and contrast the role of the consulting vs. testifying expert. He will discuss case and expert selection, ethics, file reviews, discoverability, and transitioning from a testifying to consulting expert. Dr. Drogin will offer practical suggestions for compensation, practice building, and how to increase your value to retaining counsel. QUESTIONS & ANSWERS. Learning Objective: Describe how to excel as a consulting expert.
Eric Y. Drogin is a Fellow of the American Academy of Forensic Psychology, a Fellow of the American Bar Foundation, and a Diplomate and former President of the American Board of Forensic Psychology. His multidisciplinary practice encompasses mental health law, expert witness testimony, and trial consultation. Dr. Drogin serves on the faculty of the Harvard Medical School and participates as an Instructor in the Harvard Law School Trial Advocacy Workshop. His current American Bar Association roles include Chair of the Committee on the Rights and Responsibilities of Scientists and Vice Chair of the Section of Science & Technology Law. Dr. Drogin has authored or co-authored over 150 legal and scientific publications to date, including the American Bar Association books Science for Lawyers and Mental Disability Law, Evidence, and Testimony, and he currently serves as Editor-in-Chief of The Journal of Psychiatry & Law. He has lectured extensively throughout the United States and in England, Ireland, Wales, Canada, Australia, and Malaysia.
2:05–2:15 BREAK AND NETWORKING OPPORTUNITY
2:15–3:05 BREAKOUT SESSIONS: CHOOSE ONE
A. How to Survive and Thrive at Your Deposition: Skills, Techniques, and Strategies That Work
Mark R. Kosieradzki, Esq.
Attorney Kosieradzki will review the goals of counsel at discovery and trial depositions and how the depositions will later be used by counsel. He will explain the roles of preparation advocacy, clarity, believability, and credibility of the expert at deposition. Attorney Kosieradzki will demonstrate, with video, what works and what does not work at deposition. He will offer practical advice on how experts can excel at their deposition. QUESTIONS & ANSWERS. Learning Objective: List ways experts can provide more effective deposition testimony.
Mark R. Kosieradzki Esq., is a partner and trial attorney in the Kosieradzki Smith Law Firm in Minneapolis, Minnesota. He received his BS from Iowa State University and his JD from Drake University School of Law. Attorney Kosieradzki is a prolific author and presenter, and has taught numerous topics including, working with experts, depositions pitfalls, cross-examination, and why jurors reject expert testimony. Atty. Kosieradzki is a core faculty, lecturer, and workshop leader of the National College of Advocacy Deposition College.
B. Defeating Opposing Counsel’s Cross- Examination Strategy and Techniques
Stuart A. Ober, CFE, AIFA
Mr. Ober will explain how to use advanced techniques to recognize and overcome opposing counsel’s strategy during cross-examination. He will discuss: intimidation of the expert, attacking the expert’s credentials, mischaracterization of expert’s testimony, accusation of consistencies of the expert’s report and testimony, taking the expert’s testimony out of context, attempting to impeach the expert through learned treatises, questioning the expert’s fees, bullying the expert, attempting to make the expert concede, “yes” or “no” questions, and attempting to make the expert angry. Mr. Ober will offer practical suggestions for effectively dealing with and defeating opposing counsel’s cross-examination techniques. QUESTIONS & ANSWERS. Learning Objective: Identify the techniques opposing counsel will utilize during cross-examination.
Mr. Ober is a Certified Fraud Examiner and Accredited Investment Fiduciary Analyst with expertise in securities litigations/arbitrations, in such areas as, fiduciary standard of care, suitability, due diligence, fraud, and damages calculations. He is also President of Securities Investigations, Inc. Mr. Ober has lectured on the role and duties of an expert witness at Albany Law School. He is an experienced expert witness whose clients have included the United States Department of the Treasury, Internal Revenue Service and the State of New Jersey.
3:05–3:15 BREAK AND NETWORKING OPPORTUNITY
3:15–4:15 BREAKOUT SESSIONS: CHOOSE ONE
A. Handling the Toughest Questions: Deposition and Trial
Stan V. Smith, Ph.D.
Dr. Smith will discuss the attitude, demeanor, genuineness, and transparency that experts need to successfully answer the toughest questions posed by opposing counsel. He will explain and demonstrate the answers to questions concerning: resumes/CV’s, compensation, amount you testify, income, plaintiff/defense case mix, and differences in methods utilized in difficult cases. Dr. Smith will offer practical suggestions on making concessions, being non-defensive, and admitting mistakes while answering the toughest questions honestly and artfully. QUESTIONS & ANSWERS. Learning Objective: Discuss how experts can deal with the most difficult questions.(Time will be set aside at the end of this talk to complete course evaluations)
Stan V. Smith, Ph.D., is President of Smith Economics Group Ltd., a Chicago group of consultants and experts in economics and finance. He received his BS from Cornell and his MBA and Ph.D. in economics from the University of Chicago. Dr. Smith is a prolific author and speaker, and has assisted in the successful resolution of thousands of lawsuits on behalf of clients that include many dozens of the nation’s largest law firms, the U.S. Department of Justice, as well as thousands of other prominent plaintiff and defense law firms in almost every state. His firm provides economic and financial consulting and economic legal analysis in federal and state courts on damages of every sort.
B. Video Compilation of Expert Testimony: The Good, The Bad and The Ugly
Terry O. Brantley, Esq.
Mr. Brantley will demonstrate effective expert testimony through the presentation of compiled videotaped expert testimony from many cases. He will review direct and cross-examination of trial experts while offering the dos and don’ts of expert testimony. Mr. Brantley will also offer practical suggestions on how to ensure you provide effective testimony. QUESTIONS & ANSWERS. Learning Objective: Demonstrate effective expert testimony with the use of video.(Time will be set aside at the end of this talk to complete course evaluations)
Terry O. Brantley, Esq., is a partner and trial attorney at the Atlanta Law Firm of Swift, Currie, McGhee & Hiers. He currently represents clients in Georgia and South Carolina in a wide variety of tort actions involving both personal injury and property damage. His practice primarily focuses on premises liability, products liability, intentional torts, environmental litigation and automobile litigation. He has served as lead counsel for large corporate clients, individuals and insurers handling their litigation needs throughout the States of Georgia and South Carolina. This representation has involved advising clients pre-suit as well as defending the matters through jury trial and appeal. Mr. Brantley graduated from Jacksonville University, cum laude, with a B.S. degree in Mathematics. He received his J.D. degree from the Walter F. George School of Law at Mercer University. Mr. Brantley began his legal career by representing Plaintiffs in lawsuits similar to those he currently defends. In 1999, he joined Swift, Currie, McGhee and Hiers’ litigation team and began his defense practice.
CONTINUING EDUCATION CREDITS
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 14 CEUs.
Accountants:
Earn 16.0 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. There are no prerequisites for this intermediate group-live program. No advanced preparation is required. To register, please follow instructions on page 2.
Appraisers:
The American Society of Appraisers will accept 13.0 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 1.3 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 13 CEUs. Course number 1082.
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 13.25 AMA PRA Category 1 Credit(s)™. Physicians should only claim credit commensurate with the extent of their participation in the activity.
Psychologists:
12.0 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. There are no prerequisites for this intermediate group-live program. No advanced preparation is required. Credit is not provided for the 10:15–11:15 presentation on June 24, 2010.
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. To register online please go to: https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=1468359.