Defeating Opposing Counsel’s Deposition Tactics:
Most cases are won and lost in the discovery phase. The expert’s deposition is a crucial component of discovery. The rules under which a deposition is conducted are much different than the rules that apply at trial. For example, there is no judge present at a deposition and the grounds for objection are far more limited at deposition than at trial. In this segment, experts will learn advanced techniques for defeating 25 of opposing counsel’s tactics used to trick and trap an expert at depositions. Many of these tactics and defenses will be demonstrated with student participation. Questions and Answers.

Hitting a Home Run During Your Direct Examination:
Experts typically obsess about cross-examination and worry (and prepare) far less than they should for direct examination. Dangerous experts understand that their direct examination testimony is probably more important in most cases than their cross-examination testimony. In this section, a concise lecture on advanced direct examination strategies for experts will be followed by short interactive demonstrations where student experts are asked to provide direct testimony and this testimony is critiqued by the group and judged on understandability, persuasiveness, style, and the all important "intangibles." Questions and Answers.

Defeating Opposing Counsel’s Cross-Examination Tactics:
Experts can expect opposing counsel to use numerous tactics, fair and unfair, to attempt to twist and spin the facts and attack and degrade the expert. Dangerous experts are prepared to defeat opposing counsel’s cross-examination tactics. In this segment, experts will learn advanced techniques for defeating 25 of opposing counsel’s cross-examination tactics. Many of these tactics and defenses will be demonstrated with student participation. Questions and Answers.

Truthfully and Artfully Answering Trick and Difficult Questions:
Good experts often do very well while testifying except for one or two trick or difficult questions which they are unprepared to answer and stumble on. Dangerous experts have mastered the techniques for identifying and responding to trick and difficult questions. In this segment, experts will learn advanced techniques for identifying and responding to trick and difficult questions. These techniques will then be demonstrated and students tested and critiqued on their skills as the instructor asks numerous difficult trick and difficult questions to class members. Questions and Answers.

Break and Networking Opportunity

Sticking the Knife In:
The most dangerous of all experts are those experts who are able to turn the tables on opposing counsel 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 several techniques on how and when seize the opportunity to turn the tables on opposing counsel. Each of these techniques will be demonstrated by brief interactive cross-examination demonstrations using students in the class. Questions and Answers.

Takeaways and Conclusion:
The instructor 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 workshop.

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Expert Report Writing
Workshop