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The most sought after expert witnesses are those who can skillfully and truthfully respond to trick and difficult questions at deposition and trial. Advanced Trick and Difficult Questions Workshop is an intense and dynamic one-day interactive experience for any expert who wishes to improve his ability to truthfully and artfully respond to opposing counsel's trick and difficult questions. All attendees will participate in interactive rapid-fire demonstrations of trick and difficult questions presented by an experienced faculty. Attendees will even have the opportunity to submit actual trick and difficult questions they have faced in their experiences for suggestions as to more eloquent truthful responses. There will be ample time for questions and answers and all attendees will leave with a concise "bullet point" list of techniques and action steps to better respond to trick and difficult questions. Continental breakfast, lunch with faculty and a detailed workshop manual will be provided to all attendees.
Learning Objectives
At the completion of this workshop attendees will learn:
How attorneys formulate trick questions and how and why they are used,
How to answer hundreds of trick and difficult questions truthfully and artfully,
How to turn opposing counsel's own trick questions against him,
How the laws of civil procedure and evidence can be used to shield experts from abusive questioning,
How to be a more effective and more sought after expert, and
Much, much more.
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.
Registration Information: The $395 tuition includes continental breakfast, breaks, lunch with faculty, workshop manual, and a unique and practical hands-on learning experience. We expect this workshop to sell out early. To register, please click here.
Wednesday, June 21, 2006
An opening mock trial demonstration of numerous trick and difficult questions will be followed by a brief overview of the goals of the course. Questions and Answers
Judge Lawson will explain the "sources and methods" trial attorneys use to formulate their most insidious trick and difficult questions for experts. Attendees will learn how attorneys decide what to ask, when to ask it, and how each and every question counsel asks relates to counsel's strategy for the case. Questions and Answers
Judge Lawson will explain the significantly different laws that govern how far counsel can go in asking experts questions at deposition and trial. Included is an explanation of the rules of evidence and civil procedure that set the legal parameters on the questioning of expert witnessing. Also included is an explanation of how motions in limine and protective orders can be used to shield an expert from abusive questioning and what experts can do to fight back against improper questioning. Questions and Answers
Preparing for Trick and Difficult Questions
Peak performance during intensive cross-examination is far more a result of preparation than inspiration. Attendees will learn specific techniques for anticipating the general and specific trick and difficult questions they are likely to be asked at deposition and trial. Questions and Answers
Attendees will learn numerous sophisticated techniques for responding to counsel's trick and difficult questions. These include active listening, clarification, rhythm disruption, premise disputation, refusal to speculate, requests for time to consider documents, recognizing and correcting mischaracterizations, directness and numerous other advanced methods. Questions and Answers
Break and Networking Opportunity
Qualifications
Dozens of trick questions dealing with an expert's education, training, experience, skills and knowledge base will be demonstrated and analyzed. The faculty and attendees will provide suggestions for truthful and artful responses to each question. Questions and Answers
Bias & Money Questions
Experts can expect opposing counsel to try to "follow the money" in every case. In preparation for this, attendees will be bombarded with a series of trick and difficult questions designed to show that the expert is biased due to money, prejudices, personal relationships and other reasons. Each question will be analyzed and truthful and eloquent potential answers to each will be suggested. Questions and Answers
Lunch (Provided with Faculty)
Investigation, Methodology, Learned Treatises & Opinions
The reason an expert is allowed to testify is to state an opinion. Opposing counsel will employ all available means to discredit this opinion. In this segment, attendees will be asked a series of trick and difficult questions challenging an expert's opinions and the bases of these opinions including questions concerning degree of certainty, reliability of data, methodology, learned treatises, the opinions of other experts and head on attacks against the expert's conclusions. Each of these questions will be dissected and truthful and artful answers to each question will be discussed. Questions and Answers
A trial attorney's most effective and most commonly used trick and difficult question involves confronting the expert with an alleged inconsistency between what the expert is currently testifying to and what he has stated previously is deposition, out of court statements, expert reports, publications and elsewhere. Judge Lawson will employ demonstrations to train experts on the most effective ways to handle impeachment attacks including how to correct mischaracterizations, how to best show that counsel is taking the previous statement out of context and how to persuasively explain the legitimate reasons behind an actual inconsistency such as new information or research. Questions and Answers
When opposing counsel cannot shake an expert on the facts, the expert's qualifications or the expert's opinions, they often resort to direct ad hominem assaults targeting the expert and his credibility. Judge Lawson will demonstrate numerous questions directly attacking the expert. Advanced techniques for responding to each question in a dignified, sympathetic manner that may turn the jury against counsel will be explained. Questions and Answers
During this segment attendees will be allowed to submit to the faculty and his or her attendee-peers difficult and trick questions. The faculty and attendees will provide suggestions on truthful and artful ways to answer these questions. Questions and Answers
Faculty and attendees will work to develop a "bullet-point" list of action steps and techniques learned in the course that attendees will be able to implement to improve their ability to truthfully and skillfully respond to trick and difficult questions at deposition and trial. A final question and answer session will allow attendees to address to the faculty any remaining unresolved issues. Questions and Answers
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