How to Be an Effective Medical Expert Witness
April 24-25, 2010
Naples, FL
The Naples Beach Hotel and Golf Club
www.naplesbeachhotel.com |
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Executive Summary:
This is a small group, hands-on, fast-moving interactive workshop covering deposition,direct examination, and cross-examination skills for physicians. Participating physicians will learn how to become markedly more effective and significantly more valuable expert witnesses. Instruction will utilize four methods: lecture, questions & answers, videos of experts actually testifying in real cases, and mock trial demonstrations using student volunteers. The mock trial demonstrations are based upon a C.V. and sample report submitted in advance by each attendee. Each physician will have an opportunity to participate in demonstrations and to receive constructive feedback as to how to improve their performance. Each physician will also receive feedback on their pre-submitted bio and report. In addition, each attendee will be provided with a content rich, 239 page seminar manual.13
Learning Objectives:
At the conclusion of this workshop, physicians should be able to:
• Discuss the strategies and goals of opposing counsel at deposition and during cross-examination
• Describe how to properly prepare for deposition and trial
• Discuss strategies that can be followed when giving an expert deposition and when testifying at trial
• Explain techniques for excelling at videotaped depositions
• Explain opposing counsel’s deposition and cross examination tactics and how to defeat each tactic
• Describe techniques physicians can use when testifying at deposition and trial
• Discuss methods for responding to trick and difficult questions at deposition and trial
• List teaching methods that can be used to improve the persuasiveness of your expert testimony
• List techniques for developing powerful, memorable language and analogies
• Describe how to best insulate yourself from attacks by opposing counsel
• Discuss techniques to make a positive impression on the jury
Distinguished Faculty:
The Honorable David Lawson is a United States District Court Judge for the Eastern District of Michigan. He was formerly a member of the Detroit law firm of Clark Hill, PLC (Birmingham office). He
received his BA degree magna cum laude from the University of Notre Dame, and his JD magna cum laude from Wayne State University. Judge Lawson is a former Special Assistant Attorney General and Special Prosecutor, and is currently on the faculty of the Michigan Judicial Institute. Prior to taking the bench his practice included both civil and criminal trial litigation, and he was actively involved in the trial of medical malpractice, negligence, and product liability cases. Judge Lawson has written and lectured extensively on scientific evidence and trial techniques.
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 The Biggest Mistakes Expert Witnesses Make: And How to Avoid Them, 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, and How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies.
Tuition
Tuition is $1295. Tuition includes a continental breakfast, lunch with faculty and a detailed conference manual.
Click here for registration information.
Continuing Education Information
Click here for Continuing Education Information
Schedule
- Saturday, April 24, 2010
- Sunday, April 25, 2010
Saturday, April 24, 2010
SECTION 1: DEPOSITION SKILLS
7:30-8:00 CONTINENTAL BREAKFAST & REGISTRATION
8:00–8:30 Deposition Law and Procedure
You will learn what counsel can and can not ask, the extent of privilege protections, what objections may and may not be made, how to recognize and deal with abusive attorney behavior and whether you should read and sign the deposition transcript. Questions & Answers
8:30–9:00 Understanding the Strategies and Goals of Opposing Counsel
You will learn the general and specific goals of deposing counsel and how counsel will prepare to depose you. Questions & Answers
9:00–9:30 Preparing for your Deposition
You will learn how to prepare for your deposition, both alone and with retaining counsel. You will be provided with a detailed list of the likely areas of inquiry in an expert medical deposition. Questions & Answers
9:30–10:15 Deposition Strategies for Experts
You will learn a 4 step methodology for answering deposition questions. In addition, you will learn numerous strategies to truthfully and artfully answer deposition questions. Questions & Answers
10:15–10:30 BREAK
10:30–11:00 Understanding and Defeating Counsel’s Deposition Tactics
You will learn over two dozen tactics that are likely to be used against you and will be provided with strategies to defeat each of these tactics. Questions & Answers
11:00–11:15 Videotape Depositions: Special Techniques
You will learn special techniques which are applicable when your deposition is being videotaped. Questions & Answers
11:15–12:00 Advanced Deposition Tactics for Experts
You will learn numerous techniques that will help you to excel during your expert medical deposition. Questions & Answers
12:00–12:45 LUNCH WITH FACULTY (Provided)
12:45–1:30 Pulling it all Together: Truthfully and Artfully Answering Trick and Difficult Questions at Deposition
The faculty will go around the room and ask difficult deposition questions. The attendees’ responses will be critiqued.
SECTION 2: DIRECT EXAMINATION AND PERSUASION SKILLS
1:30–2:00 Introduction and Executive Summary of Persuasion Techniques for Expert Witnesses
You will learn the twelve key techniques to utilize in order to be a more effective expert witness during direct examination. Questions & Answers
2:00–2:30 Preparation
You will learn 15 techniques for how to best prepare to give persuasive expert testimony during direct examination. Questions & Answers
2:30–3:00 How to Best Put Forth your Qualifications
You will learn 14 techniques to more persuasively explain your credential and to put your credentials in context. Questions & Answers
3:00–3:15 BREAK
3:15–3:30 Commenting on the Opposing Expert and His Opinion
You will learn the special techniques to utilize when you are asked to comment on the opposing expert’s opinion. Questions & Answers
3:30–4:00 Developing a Harmonious Interaction with Retaining Counsel
You will learn how to make your testimony easy to understand and interesting to follow. You will also learn how to avoid making your testimony appear to be rehearsed and how to present non-traditional, “soft challenge” direct testimony. Questions & Answers
4:00–4:30 Creating and Using Powerful, Memorable Language and Analogies
You will learn 12 techniques for using more powerful, memorable and understandable language. Questions & Answers
4:30–5:00 Optimizing Your “Teaching” Skills
You will learn numerous techniques to more effectively “teach” the jury. Questions & Answers
Sunday, April 25, 2010
6:30-7:00 CONTINENTAL BREAKFAST
7:00–7:30 Reading and Bonding with the Jury
You will learn 17 techniques to read and more effectively bond with the jury. Questions and Answers
7:30–8:00 Dealing with Problem Areas and Weaknesses
You will learn advanced ways to deal with problem areas during your direct examination. Questions & Answers
8:00-8:30 The Biggest Mitakes Experts Can Make that Can Turn Off Judge and Jury
You will learn how to avoid the 37 biggest mistakes that can turn off the judge and jury. Questions & Answers
SECTION 3: CROSS-EXAMINATION SKILLS
8:30–9:15 Protecting Yourself from Attacks on your Credibility and Credentials
You will learn 8 techniques for protecting yourself from attacks on your credibility and credentials. Questions & Answers
9:15-9:30 BREAK
9:30–10:15 Forming Airtight Opinions
You will learn 24 methods to make your opinions resistant to effective cross-examination. Questions & Answers
10:15–10:30 How Trial Attorneys Prepare for Cross-Examination of an Expert
You will learn how an attorney investigates an expert and his opinions and how an attorney maps out the questions that he will ask during cross. Questions & Answers
10:30–10:45 BREAK
10:45–12:00 Advanced Cross-Examination Techniques
You will learn over 40 techniques to be a more effective expert witness during cross-examination. Questions & Answers
12:00–12:45 LUNCH (PROVIDED WITH FACULTY)
12:45–1:15 Staying One Step Ahead of Counsel During Cross-Examination
You will learn 34 tactics that attorneys will use during cross-examination and how to defeat each of these tactics. Questions & Answers
1:15–1:45 Going on Offense During Cross-Examination
You will learn numerous techniques for how to turn the tables on opposing counsel. Questions & Answers
1:45–2:30 How To Skillfully Answer Trick And Difficult Questions
The faculty will go around the room and ask difficult cross-examination questions. The attendees’ responses will be critiqued. Questions & Answers