FCAOC Expert Witness Summit, March 2003
 

    Customized Training by SEAK, Inc. for the

Forensic Consultants Association of Orange County
Expert Witness Summit

Schedule

Hyatt Newporter Hotel
Newport Beach, CA

Faculty

March 14-15, 2003

Registration Info

 

Registration Form

 

PDF Version

Executive Summary

Expert witnesses from all fields will benefit from multi-disciplinary advanced learning techniques.  Nationally recognized attorneys, experts, judges, and educators will discuss multiple aspects of expert witness testimony, ethics, trial techniques, and practice management.  Seminar participants will be presented with practical suggestions for succeeding as expert witnesses.  This advanced two-day program will include lectures, trial demonstrations, lively question and answer periods, and roundtable discussions where participation by seminar attendees is encouraged.  Seminar registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and congenial atmosphere.  Each presenter will conclude his session with questions and answers.

Workshop Faculty:

Terrance Baker, MD, is an attending emergency room physician at Good Samaritan Hospital and forensic expert in Baltimore, Maryland.  He received his BS and MS from Johns Hopkins University and his MD from the George Washington University School of Medicine.  Dr. Baker is board certified in Forensic Medicine, Family Practice, Geriatrics, and Emergency Medicine.  Dr. Baker is a former medical examiner of the city of Newport News, Virginia.  Dr. Baker has served as a forensic medical expert for trial attorneys, defense attorneys, judges, district attorneys, and public defenders throughout the United States.  Dr. Baker has also served as a forensic medical expert for the South Carolina Board of Medical Examiners, the Joint Underwriters Association, and the Carolina Peer Review Organization.  Dr. Baker has written and lectured extensively on expert witness issues.

Dr. Allan H. Colman is a Senior Vice President with DecisionQuest, a nationwide trial consulting and strategic communications firm based in Torrance, California, with 15 offices throughout the United States.  He received his BA from Lafayette College and his Master's and Doctorate Degrees from New York University.  Dr. Colman has written and lectured extensively on jury analysis, visual communications, and expert witnesses.  His latest book, Decision By Trial, was published by LexisNexis.

Steven C. Gabrielson, CPA, CVA, is President and Director of Litigation Services, Haynie & Company in Newport Beach, California.  He received his BS from Drake University and is a Certified Public Accountant (CPA) and Certified Valuation Analyst (CVA).  Mr. Gabrielson has written and lectured extensively on litigation and expert testimony.  Mr. Gabrielson is a highly experienced expert witness.

Honorable C. Robert Jameson is the Supervising Judge, Complex Civil Litigation, in Orange County Superior Court.  Judge Jameson received his BA in Political Science from the University of California, Davis, and his JD from Hastings College of the Law.  Judge Jameson is a former District Attorney, private practitioner, and Adjunct Professor of Law at Whittier Law School.  Judge Jameson has been on the bench for the past 17 years.  Judge Jameson has been honored as "Judge of the Year" by nine different boards, bar associations, and professional groups.

Jeffrey J. Kroll, Esq. is a partner and trial attorney in the Clifford Law Offices in Chicago, Illinois.  He received his BS and JD from DePaul University.  Attorney Kroll has taught trial advocacy at Northwestern School of Law and DePaul University College of Law.  He has written and lectured extensively on all aspects of personal injury litigation, trial techniques, and jury presentation.  Attorney Kroll has obtained numerous multi-million dollar verdicts and settlements for his clients.

Honorable David Thomas McEachen is the Assistant Presiding Judge of the Orange County Superior Court.  He received his BS from Oregon State University and his JD from Southwestern University School of Law.  Judge McEachen served two tours of duty in Vietnam.  Judge McEachen is a former Judge of the Year, Orange County Trial Lawyers Association, and he is an Instructor at the Expert Witness Certification Program at CSULB.

Attorney Jeffrey A. Milman is a partner and a trial attorney in the Newport Beach, California, law firm of Lopez, Hodes, Restaino, Miliman & Skikos.  He received his BA from California State University Fullerton and his JD from the University of San Diego School of Law.  Attorney Milman has written and lectured extensively on trial practice, experts, and litigation.  Attorney Milman is a Judge Tempore, Orange County Superior Court and an instructor, College of Trial Advocacy, Orange County Bar Association.  He is on the Executive Board of the Orange County Trial Lawyers Association.

Jeffery H. Warren, PhD, PE, CSP, is CEO and Chief Engineer for The Warren Group in Columbia, South Carolina.  Dr. Warren received his BS in Mechanical Engineering from the University of North Carolina at Charlotte and his MS and PhD in Mechanical Engineering from Virginia Polytechnic Institute and State University.  Dr. Warren has written and lectured extensively on products liability, expert witnessing, machine safeguarding, and safety.  Dr. Warren is an experienced expert witness and Chief Engineer of The Warren Group performing consulting and training related to machinery and equipment claims and unintentional injuries, vehicle accident reconstruction, and fires and explosions.

Registration Information: 

For FCAOC Members who register before February 28th, the tuition is $645.  For Members registering after the 28th, tuition is $695.   For Non-Members who register before February 28th, the tuition is $745.  For Non-Members registering after the 28th, tuition is $795. The tuition includes continental breakfast each day, breaks, lunch, seminar materials, and a Wine & Cheese Reception on Friday evening. This seminar is approved for 12 hours MCLE credit by the State Bar of California.  We expect this seminar to sell out early.

Seminar Venue:
Hyatt Newporter Hotel

1107 Jamboree Road, Newport Beach, CA

How to register:

Register directly with the FCAOC.

Phone (949) 640-9903
Fax (949) 640-9911

Or print this page and mail it to 

FCAOC Executive Director
2402 Vista Nobleza
Newport Beach, CA  92660

 

Friday, March 14, 2003

7:30-8:30 Registration & Continental Breakfast
8:30 AM - 9:30 AM

The Biggest Mistakes Experts Make and How to Avoid Them

Judge Jameson will review common mistakes expert witnesses make in presenting testimony.  He will discuss how and why those mistakes occur.  Judge Jameson will explain the impact those mistakes have on the fact finder, be that fact finder a jury or a judge.  Judge Jameson will offer practical advice on how to give effective testimony while avoiding those mistakes.  Questions and Answers

9:30 AM - 10:30 AM

Opinions:  Forming, Presenting and Defending Your Opinion

Dr. Baker will discuss how to formulate your opinion from a position of strength.  He will explain and demonstrate the best techniques for forming, presenting, and defending your opinion in reports and at deposition and trial.  Questions and Answers

10:30 AM - 11:30 AM Impeaching the Expert:  How Attorneys Do It

Attorney Milman will discuss common themes and techniques utilized by top American trial Lawyers in impeaching expert witnesses during cross-examination.  He will demonstrate use of authoritative textbooks and articles as an effective means of impeachment.  Attorney Milman will explain techniques that can be used by expert witnesses in successfully dealing with impeachment, and he will offer practical advice to experts on how to turn the impeachment strategy of the opposing attorney to your advantage in cross-examination.  Demonstrations will be used to make key points.  Questions and Answers

11:30 AM - 12:00PM ROUNDTABLE DISCUSSION
12:00 PM - 1:30 PM LUNCH (PROVIDED)
1:30 PM - 2:30PM Expert Witness Effectiveness

Dr. Colman will present a lively program on seeing yourself through jurors' eyes.  Discussion will range from determining the goal for each witness's presentation to educating them about the courtroom environment.  He will review the importance of developing key messages tied to ten components of effective communication and then will place primary focus on the Witness Performance Matrix, designed to help trial lawyers understand where their witnesses are based and where they might need improvement-from Passive to Aggressive, from Non-Disclosing to Over-Disclosing. The program will conclude with video clips showing styles of Witness Performance.  Questions and Answers

2:30 PM - 3:30PM Effective Presentation of Expert Testimony

Mr. Gabrielson will demonstrate how to articulate complex technical information to lawyers, judges, and juries.  He will explain how to effectively teach an audience of widely varying levels of education, experience, or familiarity with scientific methodology.  Mr. Gabrielson will describe techniques for organizing and delivering expert testimony, as well as some practices which should not be used.  His topics include oral interpretation of charts and graphs, appropriate level of jargon, significance of simple numbers, use of anecdotes and analogies, extent of scholarly rigor, the expert's personal believability, and the value of easily remembered phrases.  Questions and Answers

3:30 PM - 4:15 PM Selecting and Pleasing the Best Clients

Dr. Baker will discuss the "best" types of cases and clients and the ones to stay away from.  He will explain how and why to be selective with the lawyers you choose to work with.  Dr. Baker will review how to please clients in an ethical fashion.  Questions and Answers

4:15 PM - 4:30 PM

ROUNDTABLE DISCUSSION

5:00 pm - 6:00 pm WINE & CHEESE RECEPTION
 

Saturday,  March 15, 2003

7:30AM-8:30AM  Continental Breakfast
8:30 AM - 9:30 AM

A View From the Bench

Judge McEachen will discuss in clear and understandable terms how expert testimony can most effectively be delivered and utilized in the trial process.  Judge McEachen will review the credibility of expert witnesses from the judicial perspective and what type of testimony does and does not impress a judge and jury.  Judge McEachen will provide practical suggestions for experts on how to improve the quality and effectiveness of their testimony.  Questions and Answers

9:30 AM - 10:30 AM

Demonstrative Evidence and Expert Witnesses

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.  Attorney Kroll will demonstrate, with the use of videotape, models, and a computer, how to simplify complex issues so that they are easily understandable for juries.  He will discuss the expert's role in preparing and working with demonstrative evidence.  Questions and Answers

10:30 AM - 11:30 AM Avoiding Abuse as an Expert:  Retention, Assignment, Deposition and Trial

Dr. Warren will offer suggestions on how to work with an attorney when he/she wants to retain you, and how to ensure that the expert and the attorney fully understand each other's roles from retention to trial.  He will define abuse and offer practical suggestions for how to deal with this type of conduct.  With the help of members of the audience, Dr. Warren will provide an opportunity to observe good and poor responses to abusive questions and will conduct some communication drills which provide training in responding to abusive and trick questions asked at deposition or during cross-examination.  Demonstrations will be utilized to make key points.  Questions and Answers

11:30 AM - 12:00PM ROUNDTABLE DISCUSSION
12:00 PM - 1:30 PM LUNCH (PROVIDED)
1:30 PM - 2:30PM Civil and Criminal Liability of Experts

Judge McEachen will discuss the developing trend holding expert witnesses civilly and criminally liable for mistakes, negligence, defamation, spoliation of evidence, and perjury.  Judge McEachen will explore professional discipline for testifying experts and will provide practical risk management strategies and techniques for experts.  Questions and Answers

2:30 PM - 3:30PM Cross-Examination:  Bending But Not Breaking

Attorney Kroll will explain how to best deal with cross-examination at deposition and trial.  This will be followed by hands-on demonstrations.  In these demonstrations, Attorney Kroll will examine volunteer attendees on fact patterns which were pre-submitted by the volunteer attendees.  The cross-examination best practices will be developed at the conclusion of the session.  Questions and Answers

3:30 PM - 4:15 PM Practice Management Skills for Experts

Dr. Warren will discuss and offer insight on how to best organize your expert witness practice as a professional and ethical business.  He will review and offer practical advice on fee setting, billing, and collection.  Dr. Warren will offer advice based on practical experience on how to market your expert witness practice ethically, economically, and professionally.  He will discuss how to build a premiere forensic practice.  Questions and Answers

4:15 PM - 4:30 PM

ROUNDTABLE DISCUSSION

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