Advanced Testifying Skills for Expert Witnesses
Advanced Testifying Skills for Expert Witnesses: The Master's Program
November 9-10, 2007 |
It is with great pleasure that we invite you to join your colleagues and SEAK, Inc. at SEAK’s most advanced program for expert witnesses: Advanced Testifying Skills for Experts: The Master’s Program, to be held Friday-Saturday, November 9-10, 2007 in Naples, FL.
Executive Summary
This Program:
• Is the most advanced course ever offered by SEAK on expert
witnessing,
• Is designed specifically for experienced expert witnesses
• Provides personalized written feedback to attendees on their
pre-submitted CVs and sample expert reports (for those registering
prior to October 1, 2007)
• Includes a free copy of SEAK’s National Guide to Expert Witness
Fees and Billing Procedures (for those registering prior to
September 30, 2007)
• Has a strictly limited class size.
• Now offers continuing education credits
Advanced Testifying Skills for Expert Witnesses: The Master’s Program has been designed by and will be taught by Steven Babitsky, Esq. and James J. Mangraviti, Jr., Esq. of SEAK, Inc. Attorneys Babitsky and Mangraviti train hundreds of experts each year and are the co-authors of numerous books on expert witnessing.
Here's what past attendees have to say!
“Enjoyed most the immediate feedback of
Steve and Jim critiquing ‘testimony.’”
“I enjoyed and appreciated your great teaching techniques and
excellent material presented. I got a lot out of it.”
“I’m amazed at how much you remember about each of us.”
“Great performances.”
“Great work!”
“Take no prisoners: I loved it.”
Distinguished Faculty
Steven Babitsky, Esq. & James J.
Mangraviti, Jr., Esq.
Steven Babitsky and James J. Mangraviti, Jr. are both former
litigators who have trained thousands of expert witnesses. They are
the co-leaders of the annual National Expert Witness Seminar, have
co-authored numerous texts on expert witnessing including The A-Z
Guide to Expert Witnessing, Cross-Examination: The Comprehensive
Guide for Experts, National Guide to Expert Witness Fees and Billing
Procedures, How to Excel During Cross-Examination: Techniques for
Experts That Work, How to Excel During Depositions: Techniques for
Experts That Work, Writing and Defending Your Expert Report: The
Step-by-Step Guide with Models, and How to Become a Dangerous Expert
Witness: Advanced Techniques and Strategies, and have co-produced
several educational DVDs for expert witnesses. Steve and Jim
currently serve as principals of SEAK, Inc. a national continuing
education firm specializing in training, consulting, and services
for expert witnesses of all specialties.
Schedule:
Friday November 9, 2007
PART I: PREVENTION
7:15 – 7:45 REGISTRATION AND CONTINENTAL BREAKFAST
7:45 – 9:45 PROTECTING YOURSELF FROM ATTACKS ON YOUR CREDIBILITY AND
CREDENTIALS
The most valuable expert witnesses deny opposing counsel ammunition to attack
their credentials and credibility. This segment will identify a
detailed checklist of potential areas of attack that experts may be
subject to regarding their credentials and credibility including:
every word on their CVs, skeletons in the closet, past testimony,
their image, controversial or political associations, missing
credentials, fees, fee schedules, fee agreements, marketing
materials, web page, speeches, work on past cases, apparent and
actual conflicts of interest, non-related litigation, hobbies,
professional complaints or discipline, presentations and writings.
The faculty will provide specific advice on how to insulate yourself
as much as possible from these attacks. Emphasized will be
prevention and the “hidden pitfalls” that can and will come back to
haunt the expert at a later date. Demonstrations, Interactive
Discussion, Questions and Answers. Learning Objective: List
techniques to insulate you from attack from opposing counsel.
9:45 –10:00 BREAK AND NETWORKING OPPORTUNITY
10:00 –11:45 FORMING AIRTIGHT OPINIONS
The best expert witnesses express opinions that hold up under the most
rigorous scrutiny and cross-examination. This segment will identify
many ways in which opposing counsel is able to poke holes in an
expert’s opinion. The faculty will provide specific action steps to
bullet-proof your opinion including, proper case and client
selection, avoiding time crunches, using careful and confident
language, not overstating or understating facts or opinions,
consistency, dealing with the opinions of other experts, knowing
exactly what needs to be proved, testing alternative theories,
properly using reliable equipment, taking careful and precise
measurements, being well-trained and well-versed in any computer
program used, verifying computer results, leaving no stone unturned,
taking photographs, verifying your factual assumptions, gaining as
much first hand knowledge as possible, thoroughly researching the
issues at hand, obtaining and carefully reviewing all relevant
documents, not sharing draft reports with counsel, avoiding “junk
science,” understanding how the Daubert rule applies in your
specialty and jurisdiction, maintaining accurate billing records and
avoiding even the appearance of impropriety. Demonstrations,
Interactive Discussion, Questions and Answers. Learning
Objective: Describe how to make your opinions more resistant to
cross examination.
11:45 – 12:30 LUNCH WITH FACULTY (Provided)
PART II: PREPARATION
12:30 – 2:00 PROPERLY PREPARING TO TESTIFY AT DEPOSITION AND TRIAL
Peak performance requires proper and disciplined preparation done
correctly. Well-prepared experts are able to deliver confident
testimony, deal with cross examination far more effectively, and are
in a much better position to articulate and defend their opinions.
In this segment, the faculty will explain advanced techniques that
can and should be used to prepare for depositions, direct
examination and cross-examination. Included is an explanation of the
goals of retaining counsel at your deposition and how this effects
your preparation, how to insure that retaining counsel properly
prepares you to testify, how to study your file, which facts and
documents must be known cold, making sure the language you intend to
use is understandable to a lay audience, forming and testing
analogies, conducting mock direct and cross-examinations with
retaining counsel, gaining and using intelligence on the judge,
jury, jurisdiction and opposing counsel, and being in your best form
when it comes time to testify. Demonstrations, Interactive
Discussion, Questions and Answers. Learning Objective: Describe
techniques to effectively prepare to testify.
2:00 – 2:15 BREAK AND NETWORKING OPPORTUNITY
PART III: PERFORMANCE
2:15 – 4:15 DEFEATING OPPOSING COUNSEL’S DEPOSITION TACTICS
The best experts recognize that most cases are won and lost in the
discovery phase and that the expert’s deposition is a crucial –
often outcome determinative– component of the case. In order to
excel at the highest level during a deposition, experts need to be
able to recognize and defeat opposing counsel’s deposition tactics
and recognize how these tactics differ from those used during trial.
This segment will teach experts how to recognize and defeat
counsel’s most insidious deposition tactics including, going for the
jugular at the start, physical discomfort, waiving rights, locking
down the expert on the facts, playing games with the videotape
image, the silence gambit, gaining extra discovery from the expert,
wearing the expert down, baiting the expert, getting the expert to
talk and volunteer information, questioning notes, setting the
expert up for a subsequent Daubert challenge, setting the expert up
for a subsequent learned treatise cross examination, putting many
balls in the air at once, asking about conversations with retaining
counsel, intimidating the expert, tricking the expert into
inconsistencies, trick questions about documents, the “fumble and
bumble” gambit, getting the expert into a rhythm, and utilizing
broad catchall questions. Many of the above tactics will be
demonstrated with a brief demonstration using attendees.
Demonstrations, Interactive Discussion, Questions and Answers.
Learning Objective: Discuss how to defeat opposing counsel’s
deposition tactics.
Saturday November 10, 2007
PART III: PERFORMANCE (CONTINUED)
6:30 –7:00 CONTINENTAL BREAKFAST
7:00 – 8:30 MASTERING THE ART OF PERSUASION DURING DIRECT TESTIMONY
The best experts deliver powerful and understandable direct
testimony. This section will explain and demonstrate numerous
advanced techniques for delivering captivating, memorable and
persuasive direct expert testimony. The advanced techniques
explained include: showing - not telling, getting to the point up
front and explaining later, being well-prepared and well-organized,
making the complex simple, entertaining, being likeable,
highlighting your most relevant qualifications, working on a smooth
flow and style, getting out of the jury box early and often, using
visual aids that work, aggressively self-editing, employing
powerful, memorable analogies, showing your human side and bonding
with the jury, using precise language, using confident language,
employing short preview and review summaries, using numbered lists,
citing references, speaking conversationally, conforming your
testimony to the theme of the case, and reading and reacting to the
jury. Many of these techniques will be illustrated with brief
demonstrations utilizing attendees. Demonstrations, Interactive
Discussion, Questions and Answers. Learning Objective: List
techniques to present more persuasive direct testimony.
8:30 –8:45 BREAK AND NETWORKING OPPORTUNITY
8:45 –10:30 STAYING ONE STEP AHEAD OF OPPOSING COUNSEL DURING
CROSS-EXAMINATION
The best experts are able to stay one step ahead of opposing counsel
during cross-examination by recognizing and defeating opposing
counsel’s tactics. In this segment, experts will learn advanced
techniques for identifying and defeating dozens of opposing
counsel’s cross-examination tactics, including mischaracterizations,
accusations of inconsistencies, learned treatise impeachment,
attacking the expert’s credentials, taking statements out of
context, intimidating the expert, challenging the expert on figures
and calculations, fee questions, bullying, misleading questions,
challenging the expert’s factual assumptions, asking for
concessions, “yes or no,” accusing the expert of bias, contrasting
the expert’s opinions, timelines, agitating the expert, tricking the
expert, pushing the expert to an extreme position, interrupting the
expert and asking the expert to define certain terms. Many of these
tactics and defenses will be demonstrated with brief demonstrations
utilizing attendee participation. Demonstrations, Interactive
Discussion, Questions and Answers. Learning Objective: Explain
how to defeat opposing counsel’s cross examination tactics.
10:30 –10:45 BREAK AND NETWORKING OPPORTUNITY
10:45 – 12:00 GOING ON OFFENSE DURING CROSS-EXAMINATION
The rarest of all experts are those experts who are able to turn the
tables on opposing counsel during cross-examination 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 dozens of techniques to turn the tables on opposing
counsel, including; repeating damaging portions of your direct
testimony, twelve techniques for breaking counsel’s momentum,
pushing back, interpreting a “yes or no” question as being
open-ended, using backhanded compliments, responding to a question
with a question, baiting counsel into asking one question too many,
tasteful humor, offering explanations, pointing out the misleading
nature of a question, actively challenging false factual assumptions
in predicate questions, lulling counsel into a false sense of
security prior to pouncing, striking back with a light touch, six
techniques to encourage counsel to lose his cool, self-deprecating
remarks, pointing out hypocrisy, injecting personal information in
your responses and requesting permission to explain. Many of these
techniques will be demonstrated by brief interactive cross
examination demonstrations using students in the class. Interactive
Discussion, Questions and Answers. Learning Objective: Explain
how to turn the tables on opposing counsel.
12:00 –12:45 LUNCH WITH FACULTY (Provided)
PART IV: PRACTICE
12:45 – 2:30 ADVANCED TESTIFYING SKILLS IN ACTION: SKILLFULLY
ANSWERING CROSS-EXAMINATION QUESTIONS
This final segment is designed to allow the attendees to solidify
the knowledge gained earlier in the course. The faculty will ask the
attendees numerous trick and difficult cross-examination questions.
For each question, the attendees will have an opportunity to
practice the techniques covered in this program by explaining how
the question could have been avoided, how they could have and should
have prepared to answer the question, identifying the tactic that
counsel is using and delivering a response that defeats the tactic
and/or allows the expert to turn the tables and go on the offensive.
Demonstrations, Interactive Discussion, Questions and Answers.
Learning Objective: Describe truthful and artful responses to trick
and difficult questions.
2:30 – 3:00 TAKEAWAYS, CONCLUSION & EVALUATION
The instructors 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 intensive, two-day program. Evaluation
forms will be completed and turned in. Learning Objective: List
techniques to be a more effective expert witness.
Continuing Education Information:
Note: If your specialty does not appear below and you desire
credits, please contact Karen Babitsky (781-261-9972 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 15 CEUs.
Accountants: Earn 16.5 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. Experience as an expert witness is a
prerequisite for this advanced group-live program. No advanced
preparation is necessary.
Appraisers: The American Society of Appraisers will accept 15
continuing education hours for this program.
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 Babitsky (781-261-9972, Karen@seak.com) with
any questions.
Engineers: SEAK, Inc. has been reviewed and approved as an
Authorized Provider by the International Association for Continuing
Education and Training (IACET), 1620 I Street, NW, Suite 615,
Washington, DC 20006. SEAK, Inc. will award 1.4 CEUs to participants
who successfully complete this program.
Nurses: 14 Contact Hours. This continuing nursing education
activity was approved by the Ohio Nurses Association (OBN-001-91) an
accredited approver by the American Nurses Credentialing Center’s
Commission on Accreditation. ONA assigned #13,343. Approval valid
through April 25, 2009
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 14 AMA PRA Category 1TM
Credits. Physicians should only claim credit commensurate with the
extent of their participation in the activity.
Psychologists: 14 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. Experience as an expert witness is a
prerequisite for this advanced group-live program.
NOTE: SEAK does not accept commercial support for its
programs and does not use faculty members with conflicts of
interest.
Dates & Location:
Conference Cancellations:
Cancellations received in writing before October 15, 2007 will
receive a full refund. Persons canceling after October 15, 2007 will
not receive a refund, but will be provided with the seminar course
book.
Hotel & Travel Information:
A limited block of rooms will be available at special rates at the
site hotel. ($165 Resort View / $195 Gulf View). 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 features a gorgeous beach
on the Gulf of Mexico, onsite championship golf, an award winning
Tennis Center, large beachside swimming pool, 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.
Tuition
To register online, please click here or call our main office at (508) 457-1111. Tuition for Advanced Testifying Skills for Experts: The Master’s Program is $1,295 and includes:
• The most advanced course ever offered by SEAK on expert
witnessing,
• Personalized written feedback to attendees on their pre-submitted
CVs and sample expert
reports (for those registering prior to October 1, 2007). You
will be provided with instructions on how to submit your report and
CV with your confirmation letter after you register.
• Includes a free copy of SEAK’s National Guide to Expert Witness
Fees and Billing Procedures (for those registering prior to
September 30, 2007)
• A strictly limited class size.
• And now offers continuing education credits