The Biggest Mistakes Expert Witnesses Make and How to Avoid Them

June 18, 2008
Hyannis, MA

The Resort and Conference Center at Hyannis

Executive Summary

The vast majority of problems and difficulties that expert witnesses get themselves into are avoidable. This fast paced, interactive workshop will reveal the countless hidden traps and pitfalls experts face and provide practical advice on how to avoid each of them. This course will feature numerous hands-on mock trial demonstrations based upon materials pre-submitted by volunteer attendees. This in an intermediate level program and there are no prerequisites. It is designed for any person who currently serves as an expert witness or is considering entering this field.

Distinguished Faculty

The Honorable Joseph J. Maltese was elected as a Judge of Civil Court in 1991. From 1992 to 1996 he sat in both the New York City Criminal Court in Kings and Richmond Counties, as well as in the New York City Civil Court. In 1996 he was appointed by the Governor to act as a Justice of the New York Supreme Court pursuant to the Court of Claims Act. Judge Maltese now presides in Richmond County handling medical malpractice and product liability cases, as well as general civil matters. He serves on the Litigation Coordinating Panel which oversees complex litigations such as mass torts pending in more than one county of New York.

Before coming to the bench, he was in the private practice of law for 15 years concentrating in civil and criminal litigation.In addition to a Bachelor of Arts degree from the City University and a Juris Doctor from New York Law School, Justice Maltese has earned three Master’s degrees from: New York University, Touro College and the National Judicial College of the University of Nevada at Reno, where he is also a candidate for the Doctor of Philosophy degree.

Justice Maltese teaches courses on scientific evidence to judges at the National Judicial College and teaches at the New York Judicial Seminars. He is a frequent lecturer to attorneys at continuing legal education seminars for the New York State Bar Association, New York State Trial Lawyers Association, the Practicing Law Institute, the Richmond County Bar Association, the Brooklyn Bar Association, the Columbian Lawyers Association and St. John’s University School of Law. He teaches forensic scientists at Touro College and lectures law students at New York Law School and at Fordham University School of Law.

Joseph Maltese retired from the U.S. Army Reserve after more than 30 years of service in the active and reserve components where he served as an Armor Officer, an Intelligence Officer and as a member of the Judge Advocate General’s Corps. During his last seven years in JAG, he served as a military judge for the U.S. Army Trial Judiciary where he presided over active duty courts-martials in Germany, Panama and at several posts in the U.S.

Tuition

The $495 tuition includes a continental breakfast, breaks, lunch with faculty, a detailed manual which can be retained as a bookshelf reference, and a dynamic learning experience.

Click here for registration information.

Continuing Education Information

Note: If your specialty does not appear below and you desire credits, please contact Karen Babitsky (781-261-9972 or Karen@seak.com). We can often obtain desired credits upon request, but unfortunately, obtaining some types of credits are not feasible. Please register early, as we can only apply for credits after your registration form has been received and it can take time to get the requested approvals back from the accrediting agencies.

Accident Reconstructionists:
The ACTAR Continuing Education Unit has approved this program for 6.0 CEUs.
Accountants:
Earn 7.5 CPE credits in the field of study of Specialized Knowledge and Applications. SEAK, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org For SEAK, Inc.’s complaint and program cancellation policies please call SEAK, Inc. at 508-457-1111. There are no prerequisites for this intermediate group live program. No advanced preparation is required.
Appraisers:
The American Society of Appraisers will accept 6.0 continuing education hours for this program.
Attorneys:
Credit varies by state. Continuing legal education credits for attorneys will only be applied for if requested in writing when sending in the registration form for the conference. Please contact Karen Babitsky (781-261-9972, Karen@seak.com) with any questions.
Engineers:
SEAK, Inc. has been reviewed and approved as an Authorized Provider by the International Association for Continuing Education and Training (IACET), 1620 I Street, NW, Suite 615, Washington, DC 20006. SEAK, Inc. will award .65 CEUs to participants who successfully complete this program.
Life Care Planners:
The Commission on Health Care Certification (CHCC) has given the course 6.5 CEUs.
Nurses:
6.5 Contact Hours. This continuing nursing education activity was approved by the Ohio Nurses Association (OBN-001-91) an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation. ONA assigned #13,152. Approval valid through October 26, 2008.
Physicians:
SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this educational activity for a maximum of 6.5 AMA PRA Category 1™ Credits. Physicians should only claim credit commensurate with the extent of their participation in the activity.
Psychologists:
6.5 CE Credits. SEAK, Inc. is approved by the American Psychological Association to sponsor continuing education for psychologists. SEAK, Inc. maintains responsibility for this program and its content. To receive credit each psychologist must attend the entire program, sign in before the program, sign out after the program and return a completed evaluation form. Partial credit is not permitted. There are no prerequisites for this intermediate group-live program.

Click here for Continuing Education Information.

Scheduleclick here to view the complete schedule

Wednesday, June 18, 2008

Wednesday, June 18, 2008

8:00-8:30Registration and Continental Breakfast

8:30-9:15Web Pages
Many expert witnesses have web pages. A web page can be a tremendous asset to an expert, but experts make many common costly mistakes when creating and maintaining their web page. In this segment the faculty will review the most common and devastating mistakes regarding expert web pages and offer suggestions on how each of these mistakes can and should be avoided. The faculty will also critique the web pages of attendees and conduct mock trial demonstrations to show how devastating web page errors can be. Questions and Answers. Learning Objective: List several techniques to construct more bullet-proof web pages.

9:15-10:00CV's
As a document used to both promote your expertise and by opposing counsel to attack you, your curriculum vitae is crucially important. The faculty will describe the biggest mistakes expert witnesses make regarding CVs and will offer practical advice on how these mistakes could have and should have been avoided. Many of the mistakes will be demonstrated with mock trial demonstrations of attendees based upon their pre-submitted CVs. Questions and Answers. Learning Objective: Explain how to correct problem areas in your curriculum vitae.

10:00-10:15BREAK & NETWORKING OPPORTUNITY

10:15-11:00Researching, Investigating and Forming Opinions
The more solid the process of forming an opinion, the more believable and valuable that opinion will be. Expert witnesses commonly make numerous mistakes when forming their opinions. The faculty will explain each of these mistakes and how to avoid them. Included will be memorable mock trial demonstrations based upon pre-submitted reports from attendees which demonstrate the effect such mistakes can have on an expert’s credibility. Questions and Answers. Learning Objective: Describe how to produce more defensible expert opinions.

11:00-11:30Report Writing
An expert’s report becomes part of her “permanent record” and has critical importance to the case at hand and the expert’s credibility going forward. A well-written report can help a case settle favorably and boost the expert’s reputation. A poorly written report will have negative consequences for the case at hand and the expert witness. Along with reviewing the biggest mistakes made in this area and how to avoid them, the faculty will demonstrate some of these mistakes with mock trial demonstrations. Questions and Answers. Learning Objective: Identify ways to avoid costly mistakes in report writing.

11:30-12:00Depositions
Since most cases settle before trial, expert witnesses are far more likely to testify at deposition than they are at trial. An expert’s performance at deposition will be an important factor in the settlement value of the case. In this section the faculty will describe the biggest mistakes expert make at deposition and provide suggestions for avoiding these mistakes. Questions and Answers. Learning Objective: Describe how to recognize and avert mistakes at depositions.

12:00-1:00LUNCH PROVIDED WITH FACULTY

1:00-1:30Direct Testimony
Direct testimony is the time where the expert must persuade the judge or jury to both understand and believe her opinion. Direct testimony is fraught with potential mistakes that the faculty will catalog and offer advice on how to avoid. Some of these mistakes will be demonstrated by mock trial testimony and video clips of actual experts testifying. Questions and Answers. Learning Objective: List techniques to deliver more persuasive and believable direct testimony.

1:30-2:00Cross Examination
A large part of cross-examination from opposing counsel’s perspective is trying to get the expert witness to make a mistake. In this portion of the course the faculty will provide a checklist of common mistakes along with ideas on how to avoid each of them. Some of these mistakes will be demonstrated by mock trial testimony and video clips of actual experts testifying. Questions and Answers. Learning Objective: Describe methods to recognize and avert mistakes during cross-examination.

2:00-2:45Marketing
Experts often make marketing mistakes which result in less effective marketing and/or a needless diminution of the expert’s credibility. In this segment that faculty will list the biggest marketing mistakes experts make, offer suggestions on how to avoid them and demonstrate with mock trial demonstrations the difficulties that marketing mistakes can cause on the witness stand. Questions and Answers. Learning Objective: Identify numerous techniques to more effectively market your expert witness practice.

2:45-3:00BREAK & NETWORKING OPPORTUNITY

3:00-3:45Practice Management
The financial success of an expert’s practice is often dependant on how well the expert conducts the administrative portion of his practice such as office management, document retention, fee setting, communications, billings, collections, etc. In this segment the faculty will describe the biggest mistakes experts make in practice management and offer solutions on how to avoid these mistakes. Questions and Answers. Learning Objective: Explain how to improve your practice management procedures.

3:45-4:15Risk Management
Experts unfortunately sometimes get themselves into trouble - criminally, civilly and professionally. In this segment the faculty will review the common mistakes experts make which get themselves into trouble and will offer suggestions on how to avoid each of these mistakes. Questions and Answers. Learning Objective: Discuss several ways to avoid potential liability associated with expert witness work.

4:15-4:30Takeaways, Conclusion and Evaluation
The faculty will address any final questions and elicit from the audience a bullet-proof list of what specifically they will be doing
differently in light of what was learned at the course. Learning Objective: List concrete actions you will be taking to improve your expert witness practice.