7:30–8:00 REGISTRATION & CONTINENTAL BREAKFAST

8:00–8:30 Role of Expert Witnesses in Civil Litigation
Attendees will learn the proper role of expert witnesses in civil litigation. Included is an explanation of Federal Rule of Evidence 702 and the types of specific assignments experts can expect from retaining counsel including forensic consulting, report writing, and where necessary, testifying at deposition or trial. Questions and Answers.

8:30–9:15 What Successful Expert Witnesses Have in Common
Faculty and the attendees will analyze what some of the nation’s “go to” experts have in common and how they got to their position of prominence. Videotaped interviews of the experts and trial attorneys will be reviewed. Lessons for the attendees will be drawn from these examples. Questions and Answers.

9:15–10:15 Finding and Developing Your Niche in the Expert Witness Marketplace
Faculty will explain the importance of identifying the right niche for yourself. Attendees will be provided with a protocol for researching their niche, determining the proper fit and developing their niche to its fullest potential. Questions and Answers.

10:15–10:30 BREAK AND NETWORKING OPPORTUNITY

10:30–11:30 Achieving Excellence: Going Beyond the Expectations of Retaining Counsel
Faculty will present, with the assistance of the attendees the best practices for: Initial interviews with counsel; Case intake; Correspondence; Reports (written and oral); Depositions and Trials. Attendees will be presented with numerous ethical suggestions for exceeding the expectations of retaining counsel. Questions and Answers.

11:30–12:00 Pulling Together a CV Appropriate for Expert Witness Work
Anyone considering starting an expert witness practice needs to maintain a CV. Attendees will learn the importance of an accurate, up-to-date CV, what should and should not be on a CV, and how mistakes in preparing CVs can damage or destroy a physician’s credibility. Questions and Answers.

12:00–12:45 LUNCH PROVIDED WITH FACULTY

12:45–1:30 Bulletproofing Yourself – Your CV, Qualifications, Marketing Activities & Web Site
A mock trial demonstration followed by bottom line bullet point advice with numerous examples on how to avoid potentially devastating problems in an expert’s CV, qualifications, marketing activities and web site. Questions and Answers.

1:30–2:15 Bulletproofing Yourself – Your Image and Reputation
This section begins with a mock trial demonstration which shows how an expert’s self-created image can be used against the expert. The didactic portion of this segment will show experts all the controllable elements that effect their image and how to best project a positive image. Examples include business cards, firm names, case selection, testifying extensively for plaintiffs/defendants, outside activities, etc. Questions and Answers.

2:15–2:45 Bulletproofing Your Opinions– Passing the Daubert Tests, Your Methodology
Mock trial demonstration followed by an in-depth discussion of the legal requirements of Daubert and FRE 702 as they relate to how a medical expert forms and expresses his/her opinion(s) and the admissibility of the opinions. Numerous examples will be discussed. The lecture continues with practical advice on how to avoid being caught in a Daubert nightmare and how to use the Daubert criteria as a roadmap to bolster the persuasiveness of any opinion. Questions and Answers.

2:45–3:00 BREAK AND NETWORKING OPPORTUNITY

3:00–3:45 Bulletproofing Your Opinions – Research, Investigation, Chart Review and Examination
A medical expert’s opinion will only be as strong as the facts, research and investigation upon which it is based. A mock trial demonstration will be followed by a frank discussion of how to conduct an investigation, research and collect data in a manner that bolsters an expert’s opinion. Included is a discussion of FRE 703 and cherrypicking data to support an opinion. Questions and Answers.

3:45–4:15 Bulletproofing Your Opinions– Managing the Potentially Damaging Influence of Retaining Counsel
Medical experts often severely damage or destroy the persuasiveness of their opinions by allowing retaining counsel to influence (or appear to influence) their investigation, assumptions, and opinions. In this segment physicians will learn how to insulate their opinions from the appearance of being under the influence of retaining counsel, for example through the information the physician relies upon, the modification of draft and preliminary opinions, and through the communications between the physician and retaining counsel. Questions and Answers.

4:15–4:45 Bulletproofing Your Opinions– Rebuttals and Commenting On Other Experts
Commenting on another expert’s opinions is an area that gets many experts into unnecessary difficulty. In this segment experts will learn the right way and wrong way to comment on another expert’s opinions. Questions and Answers.

4:45–5:00 Takeaways and Discussion
Concluding remarks will be followed with an open and frank give and take between the faculty and the attendees. Questions & Answers.

Friday, April 23, 2010

6:30–7:00 CONTINENTAL BREAKFAST

7:00–7:45 Bulletproofing Your Opinions– Best Practices in Expressing and Supporting Your Opinions in Your Written Report and While Testifying
Even the most well researched opinions are worthless if not expressed with confidence, legal sufficiency and adequate bases. This segment will consist of a mock trial demonstration along with advice (with numerous examples) on how and how not to express and support your expert opinion(s). Included is a discussion of standards, using objective supporting data, citing research, and margins or error. Questions and Answers.

7:45–8:45 Best Practices in Forensic Office Management
Attendees will learn myriad techniques that will help them run an efficient and successful medical-legal consulting practice. These include optimum new case intake procedures, billings systems, document receipt and retention policies, support staff training and instruction, file maintenance, trial scheduling, procedures for keeping your CV up-to-date, how to account for all time spent on the case, support staff training, responsibilities and boundaries, security and confidentiality protocols and developing and using forms, templates and checklists. Questions and Answers

8:45–9:00 BREAK AND NETWORKING OPPORTUNITY

9:00–9:45 Best Practices in Dealing With Counsel
A frank discussion of how to best deal with retaining and opposing counsel. Included is an explanation of the importance of maintaining boundaries, how to best communicate with retaining counsel, the importance of not giving away your theories or reviewing any confidential information until you have been retained, how to deal with non-responsive or incompetent lawyers, how to deal with failure to prepare you for deposition or trial, being pushed beyond your true area of expertise, how to handle “rush” requests for reports and opinions and how to avoid problems before they materialize. Questions and Answers

9:45–10:30 Reports Best Practices
Faculty will review the most efficient methods for dealing with requests for preliminary, draft, and other written reports. Best practices for responding to input from counsel, formatting, editing, controls over release of the report, signing, and proofreading will be provided. There will also be an in-depth discussion on the use and misuse of computer templates to assist in report writing. Questions and Answers

10:30–10:45 BREAK AND NETWORKING OPPORTUNITY

10:45–11:15 Deposition Best Practices
Attendees will be provided with an in-depth look at scheduling, billing, postponements, cancellations, errata sheets, and retention/destruction of deposition transcripts. Questions and Answers

11:15–12:00 Best Practices in Fee Setting, Fee Schedules & Agreements, Billings and Collections
Experts will learn how to correctly value their time and set their fee. They will be taught the importance of not undercharging and how to determine exactly what their time is worth. Also included is a detailed discussion of the amount and frequency of retainers, whether retainers should be non-refundable, cancellation fees, expense reimbursement and proven techniques to improve collections of expert witness and consulting fees. Questions and Answers

12:00–12:45 LUNCH (PROVIDED WITH FACULTY)

12:45–1:45 Advanced Marketing Techniques for Building a Medical-Legal Consulting Practice
Faculty and attendees will engage in a frank discussion and analysis of the utility of: writing articles, speaking, directory listings, fees, advertising, referral sources and 24-7 marketing. Best practices will be explained and the experiences of “go to experts” and the attorneys who hire them will be utilized to arrive at a consensus. Questions and Answers.

1:45–2:15 Ethics and Risk Management
Experts will learn how to deal with common ethical problems and will learn the potential civil and professional liability of experts. Numerous specific risk management techniques for experts will be explained including avoidance, maintaining the appropriate insurance coverages, due diligence, confidentiality protocols, anti-spoliation procedures, avoiding conflicts and the overriding importance of being 100% honest. Questions and Answers