17th Annual National Expert Witness Conference
June 19-20, 2008
Hyannis, MA
The Resort and Conference Center at Hyannis
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Complete Schedule - featuring topic & speaker descriptions
7:00-8:00Registration &
Continental Breakfast
8:00-9:00A View
From The Bench
The Honorable Reggie B. Walton
Judge Walton will review why some expert witnesses are
more credible than others. Judge Walton will discuss what type
of testimony does and does not impress a judge and jury and the type of
testimony that turns off a judge and jury. Judge Walton will provide
practical suggestions for experts for improving their testimony and
effectiveness. QUESTIONS & ANSWERS.
Learning Objective: List
techniques for providing more effective expert testimony.
Judge Reggie B. Walton is a United States
District Judge for the District of Columbia. In May 2007, Chief Justice
John
Roberts appointed Judge Walton to serve as a Judge of the United States
Foreign Intelligence Surveillance Court, which is a 7-year appointment.
Before his appointment to the bench, Judge Walton served as the
Executive Assistant United States Attorney in the Office of the United
States Attorney in Washington, DC, and was an Assistant United States
Attorney in that Office as well. Judge Walton has been the recipient of
numerous honors and awards, including his inclusion in the 2001 edition
of The Marquis Who's Who in America and the 2000 edition of
The Marquis Who's Who in the World. Judge Walton has been active in
working with the youth of the Washington, DC area and throughout the
nation. He has served as a Big Brother and frequently speaks at schools
throughout the Washington Metropolitan area concerning drugs, crime, and
personal responsibility.
9:00-10:00What to Do and
Not to Do as an Expert Witness: Time Tested Successful Strategies
Gerald S. George, PhD
Dr. George will explain the characteristics and
techniques used by successful expert witnesses, including: keeping it
simple, persuasion, reading and relating to the jury, demeanor, and
making your testimony come to life. He will draw on his courtroom
experience to demonstrate successful strategies and techniques that can
be employed by expert witnesses. QUESTIONS & ANSWERS.
Learning
Objective: Describe techniques to be a more effective expert witness.
Gerald S. George, Ph.D. is Professor Emeritus
Department of Kinesiology at the University of Louisiana. He has served
as author, contributor, and/or senior editor to over ten textbooks, 120
article publications, and nine funded grants. Dr. George received his
M.S. from Springfield College, and his B.S. and Ph.D. from Louisiana
State University. He has lectured and written extensively on
biomechanics, gymnastics, diving, sports, and physical education. Dr.
George is an experienced expert witness.
10:00-10:15BREAK AND
NETWORKING OPPORTUNITY
10:15-11:15How Experts Destroy
Themselves: Lessons from High Profile Cases
Daniel Horowitz, Esq.
Attorney Horowitz will discuss and demonstrate with the
use of videos, how expert witnesses in major trials have destroyed
themselves. He will explain the level of scrutiny experts can expect and
how they should prepare for trials. Attorney Horowitz will discuss the
expert testimony in such cases as People v. Scott Peterson, the Michael
Jackson case and other high profile cases, and offer practical
suggestions on how experts can improve their performance at trial.
QUESTIONS & ANSWERS. Learning Objective: Identify mistakes that
can damage an expert's credibility.
Daniel Horowitz, Esq. is a nationally prominent
criminal defense attorney who has taken over 150 major criminal cases to
trial. He is a national Legal Commentator seen on the Abrams Report,
Court TV, and CNN with Nancy Grace, Fox News, Rita Crosby, Catherine
Crier, Lisa Bloom, Robert Massi, and many others. Attorney Horowitz also
appears as a Legal Commentator on all major television networks
including CBS, ABC, FOX and NBC. His international defense work has
taken him to over fifteen countries. Attorney Horowitz has represented
Pavel Lazarenko (the former Prime Minister of Ukraine), Al Pacino,
Geraldo Rivera and other high profile clients. He has also had extensive
experience with expert witnesses. Attorney Horowitz received his B.A.
from Hampshire College and his J.D. from Southwestern University School
of Law, Los Angeles.
11:15-12:15How Lawyers
Dig Up Dirt on Expert Witnesses
Jim Robinson, Esq.
Attorney Robinson will discuss the numerous methods and
techniques attorneys use to gather information about experts and
investigate their credentials and prior testimony. He will explain the
use of: search engines, websites, directories, disciplinary records,
discussion boards, filings, government documents, public records,
patents, and audio & video files. Attorney Robinson will offer practical
suggestions on how expert witnesses can prevent damage and maximize their
reputation in the legal community. QUESTIONS & ANSWERS.
Learning Objective: Identify techniques
attorneys use to research damaging information about experts.
Jim Robinson, Esq. is an attorney who specializes
in construction defect, personal injury, and business litigation for
both plaintiffs and defendants. He is a member of the California Bar
Association, American Bar Association, Defense Research Institute,
American Trial Lawyers Association, Los Angeles County Bar Association,
Los Angeles Trial Lawyers Association, and Consumer Attorneys of
California. Attorney Robinson is also Education Chair for the California
Bar, Law Practice Management and Technology section. Attorney Robinson
has written and lectured extensively on expert witnesses and is the
co-author of "Finding and Researching Experts and Their Testimony."
Attorney Robinson is founder of JurisPro, Inc. which maintains a
national directory of expert witnesses.
12:15-1:15LUNCH PROVIDED
WITH FACULTY-NETWORKING OPPORTUNITY
1:15-2:05Breakout
Sessions: Choose One
Excelling During the Initial Call From
Counsel
David T. Tirella, Esq.
Attorney Tirella will explain the intensive screening
process counsel uses during their initial call to an expert witness. He
will discuss the types of questions the expert should be prepared to
answer and the most effective techniques for answering these questions.
Attorney Tirella will review the biggest mistakes experts make during
the initial call and will offer practical suggestions for excelling
during the screening process. QUESTIONS & ANSWERS.
Learning Objective: Discuss why it is so
important to excel during the original phone call from counsel.
David Theodore Tirella, Esq. is a senior trial
attorney with Cohen, Jayson & Foster in Tampa, Florida. He is a Board
Certified Civil Trial Lawyer by the National Board of Trial Advocacy
with 17 years experience in handling a wide variety of cases ranging
from murder to medical malpractice. He is "AV" rated by
Martindale-Hubbell and achieved "Master" rating by the Tampa Bay Inn of
Court. Mr. Tirella focuses his practice on personal injury and medical
malpractice cases with memberships in the Association of Trial Lawyers
of America, Academy of Florida Trial Lawyers, Hillsborough County Bar
Association and Million Dollar Advocates Forum. He frequently speaks,
writes and teaches on a wide variety of legal issues including client
interviewing, trial advocacy, paralegal education and expert witness
selection. The Florida Bar recently selected his article titled
Winning Strategies: The Four P's of Expert Witness Selection for
publication. Additionally, Mr. Tirella is a Torts Instructor at the
University of Miami, Paralegal Studies and is listed in Who's Who in
America, Who's Who in American Law and
Who's Who in American Law Schools.
He earned his B.S. degree from Florida
State University and his JD degree from Cumberland School of Law of
Samford University.
OR
Excelling at Direct Examination:
What Experts Need to Know
James R. Hitchner, CPA/ABV/ASA
Mr. Hitchner will review the hierarchy of effective
direct testimony. He will explain how to be an effective teacher and use
everyday examples to present complex testimony. Mr. Hitchner will
explain the best ways to interact with retaining counsel, how to watch
your audience, and use your CV and reports. He will offer practical
suggestions for excelling at direct examination. QUESTIONS & ANSWERS.
Learning Objective: List
techniques to provide more effective expert testimony on direct
examination.
James R. Hitchner, CPA/ABV/ASA, is Managing
Director of The Financial Valuation Group, President of the Financial
Consulting Group and Editor in Chief of Financial Valuation and
Litigation Expert, a bimonthly journal that presents views and tools
from some of the leading experts in valuation, forensics/fraud and
litigation services. Mr. Hitchner is editor/coauthor of the books
Financial Valuation: Applications and Models, second edition;
Financial Valuation Workbook, second edition, and Valuation for
Financial Reporting, Fair Value Measurements and Reporting: Intangible
Assets, Goodwill, and Impairment, second edition, all published by
Wiley. Mr. Hitchner has been recognized as a qualified expert witness
and has provided testimony on valuations in numerous state and federal
courts. He has spent 27 years in valuation services including as a
shareholder with Phillips Hitchner Group, partner-in-charge of valuation
services for the Southern Region of Coopers & Lybrand (currently
PricewaterhouseCoopers), and senior appraiser with American Appraisal
Associates. He has a Bachelor of Science degree in Engineering from the
University of Pittsburgh and a Masters of Business Administration degree
from Rider University. In the valuation area he has coauthored 20
courses, taught over 60 courses, published over 60 articles, and has
made over 100 conference presentations. He is also an inductee in the
AICPA BV Hall of Fame and a two time recipient of the AICPA's Volunteer
of the Year award.
2:05-2:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:15-3:05Mock Trial
David Kochman, Esq. and Kristopher Seluga
During August 2005, Technology Associates LLC
investigated a motor vehicle accident that occurred on September 24,
2002 in Brooklyn, NY. The accident occurred when a Ford Taurus, driven
by Mrs. Edna Lopez, was struck by a BMW convertible, driven by Mr.
Richard Jones. As a result of this accident, Mrs. Edna Lopez was
injured. QUESTIONS & ANSWERS.
Learning Objective: Describe the effective
testimony presentation techniques demonstrated in the mock trial.
David A. Kochman, Esq., is a member and trial
attorney in the New York law firm of Harris Beach. He received his BA
from Tufts University and his JD from Emory School of Law. Attorney
Kochman is chair of the Biomechanics and Injury Causation Specialized
Litigation Group of the Defense Research Institute (DRI). He is the
immediate past co-chair of DRI's Recreational Products Specialized
Litigation Group. Attorney Kochman serves on the Steering Committee of
the Products Liability Committee. He has published numerous articles and
lectured extensively in the products liability field regarding
admissibility of expert testimony, crashworthiness in automotive
litigation, establishing defenses such as assumption of the risk and
open and obvious dangers, rebutting failure to warn claims, and legal
ethics. Mr. Kochman published the article, "Why, When and How to Use
Testimony," in the November 2006 edition of DRI's For The Defense.
In March 2007, Mr. Kochman spoke on the topic, "How to Litigate a
Products Case: The Fundamentals," for a New York State Bar Association
CLE program. He is on the Editorial Board for DRI's Daubert
Compendium 2002 and authored a chapter of the Compendium entitled "What
is the Known or Potential Rate of Error."
Kristopher J. Seluga is a mechanical engineer and
safety expert in the forensic engineering company Technology Associates.
He received his MS and BSME at MIT. Mr. Seulga is a licensed
professional engineer and ACTAR accident reconstructionist. He has
investigated hundreds of motor vehicle, machinery, and fall accidents.
Mr. Seulga is an experienced expert witness.
OR
Making the Complex Understandable:
What Works for Expert Witnesses
Charles Seigerman, PhD
Dr. Seigerman will discuss how to
translate and explain complex scientific concepts, principles, and
results in a fashion that can be readily understood by a judge, fact
finder, and jury. He will demonstrate how an effective technical expert
witness can make juries and judges feel comfortable with the
understanding of complex evidentiary material. Dr. Seigerman will demonstrate, by use
of examples, how all experts can work with retaining counsel to offer
coherent, understandable, expert testimony even in the most complex and
difficult cases. QUESTIONS & ANSWERS.
Learning Objective: Identify methods for
explaining complex scientific principles to a lay audience.
Charles Seigerman, Ph.D., is a clinical
Neuropsychologist in private practice in Livonia, Michigan. He has
worked in the field for over 25 years. Dr. Seigerman received his BGS,
MA, and Ph.D. from the University of Michigan. Prior to entering
private practice, he was the Director of Neuropsycholgy and Outpatient
Traumatic Brain Injury Services at St. Joseph Mercy Hospital, Ann Arbor.
For many years, he was an instructor in the University of Michigan's
Graduate School of Business Instructional Development Workshop. Dr.
Seigerman has lectured on the topics of traumatic brain injury and
Neuropsycholgy to medical and rehabilitation professionals and
attorneys. He has also lectured and participated in conferences
sponsored by the Institute for Continuing Legal Education, the
educational consortium of the Michigan Bar Association and the state's
law schools. A number of those seminars have involved expert witness
training. Dr. Seigerman has testified on behalf of both plaintiffs and
defendants in circuit, state and federal court.
3:05-3:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:15-4:15When Experts
Need to Retain Counsel: Daubert & Beyond
Shannon M. Kos, Esq.
Attorney Kos will discuss why an expert should
anticipate and be prepared for the real threat of serious career damage
due to an adverse Daubert ruling. In addition to other practical
suggestions, she will discuss reasons experts should retain counsel
including to handle Daubert challenges, collection, contracts,
fee agreements & disputes, subpoenas, and requests for personal
information including tax returns. QUESTIONS & ANSWERS.
Learning Objective: Discuss when
experts should retain their own counsel.
Attorney Shannon M. Kos is a personal injury
trial attorney in the Southfield, Michigan law firm of Collins, Einhorn,
Farrell & Ulanoff, P.C. She concentrates on product liability
litigation, toxic tort litigation, fire and explosion litigation, mold
litigation, and general liability litigation. Attorney Kos is certified
as a Fire and Explosion Investigator by the National Association of Fire
Investigators. In addition to her litigation work, she has published
articles concerning the defense of personal injury claims in the
construction context and testing in product liability suits. Attorney
Kos received her BA from The Colorado College and her JD from William
Mitchell College of Law.
OR
Delivering Effective Testimony:
Arbitrations, Mediations, Judge and Jury Trials
Edward L. Fronapfel, MS, PE
Mr. Fronapfel will identify and explain how the
preparation, presentation, and level of complexity differ for experts
depending on the forum they are testifying in. He will discuss the best
use of demonstrative evidence, delivery length of presentation, eye
contact, and examples and analogies that can be utilized to make one's
testimony effective and persuasive. Mr. Fronapfel will demonstrate the
decision-making characteristics of the fact finder and the special
challenges bench and/or jury trials present for expert witnesses.
QUESTIONS & ANSWERS.
Learning Objective: Discuss how best practices for expert witnesses
differ depending upon the forum.
Edward L. Fronapfel is a principal in the
forensic engineering firm of Professional Investigative Engineers (PIE),
which has branches in Colorado, Arizona, and Florida. Mr. Fronapfel
holds a Bachelor of Science in Civil Engineering from Colorado State
University and a Master of Science in Civil Engineering from the
University of Colorado. Mr. Fronapfel's background includes
geo-hydrology, hydrology, hydraulics, civil engineering, structural
engineering and building envelope. His work has been extensive in
construction and engineering forensics from Civil Disciplines,
Structural Disciplines, Building Envelope, and Claims Analysis. He is a
registered engineer in the states of Colorado, Florida, Nebraska, New
Mexico, Nevada, North Dakota, Texas, Mississippi, and Wyoming. He is the
author of many published articles, including "Inframation, Proceedings
Volumes 4, 5, and 6," "Colorado Claims Guide," "Building Integration
Solutions, ASCE through AEI," and RCI. Mr. Fronapfel is an experienced
expert witness and has testified at arbitrations, mediations, and bench
and jury trials and has also been deposed over 150 times in 7 years. Mr.
Fronapfel is an Adjunct Professor at the University of Denver and an
ASHRAE Distinguished Lecturer. He is a Certified Forensic Claims
Consultant, a Senior Member of the National Academy of Forensic
Engineers, a Member of the National Academy of Building Engineers, has a
Level II Thermography license, and is a Certified third party EIFS
inspector.
4:15-5:30RECEPTION:
NETWORKING OPPORTUNITY
7:00-8:00Continental
Breakfast
8:00-9:00The
Perfect Expert Witness
Judge Mark I. Bernstein
Judge Bernstein will identify and discuss the eight
characteristics of the perfect expert witness. He will review the eight
characteristics which are the antithesis of the excellent expert. Judge
Bernstein will provide simple and direct suggestions for experts to
improve their delivery, persuasiveness, and credibility in the face of
the adversarial system they work in. QUESTIONS & ANSWERS.
Learning Objective: Identify the characteristics of an ideal expert
witness.
One of the Philadelphia trial bar's best loved and most
respected judges, the Honorable Mark I. Bernstein of the Philadelphia
Court of Common Pleas has served on the bench for 20 years, and now
serves on the Commerce Court of the First Judicial District of
Pennsylvania. Earlier in his career, Judge Bernstein was a partner in a
litigation firm. He has been involved in the development of the
Pennsylvania Standard Jury Instructions, the state Medical Malpractice
Mediation Task Force, and Philadelphia's Day Forward Case Management
Program, and has won numerous honors as a judge. Named one of the 500
Leading Judges in America by Lawdragon Magazine, Judge Bernstein is a
graduate of the University of Pennsylvania Law School. Judge Bernstein
has long been involved in the education of lawyers and judges, and he
writes extensively particularly in the field of expert testimony. He is
the author of Pennsylvania Rules of Evidence, published by Gann Law
Books.
9:00-10:00Courtroom
Communication: Active Listening Skills for Expert Witnesses
David M. Benjamin, PhD
Dr. Benjamin will explain how experts can develop and
utilize their active listening skills to better recognize and respond to
trick and difficult questions. He will demonstrate how to best deal with
threats, abusive tactics, and improper and difficult questions by
opposing counsel. QUESTIONS & ANSWERS.
Learning Objective: List reasons why
active listening skills are so important.
David M. Benjamin, Ph.D., is a clinical
pharmacologist and toxicologist in Chestnut Hill, Massachusetts. He
received his BA from Boston University and his MS and Ph.D. in
Pharmacology from the University of Vermont College of Medicine. Dr.
Benjamin is an experienced consultant and expert and has more than 200
presentations and publications to his credit. Dr. Benjamin is a trained
arbitrator and mediator, and has lectured extensively on the role of
experts and consultants in the legal system, and has taught scientific
evidence at George Washington School of Law and Stetson Law School. He
is an Adjunct Assistant Professor at Boston University School of
Medicine where he teaches Forensic Toxicology in the Biomedical Forensic Sciences program.
10:00-10:15BREAK AND
NETWORKING OPPORTUNITY
10:15-11:15Effective
Presentation of Expert Witness Testimony
Jaine E. Fraser, PhD
Dr. Fraser will explain what makes expert witness
testimony effective and persuasive. She will discuss and demonstrate why
jurors find some expert witnesses credible and discount others. Dr.
Fraser will explain how to present effective expert witness testimony to
jurors. She will offer practical suggestions on how experts of all
disciplines can improve their performance. QUESTIONS & ANSWERS.
Learning Objective: Explain how jurors judge the credibility of
expert testimony.
Jaine E. Fraser, Ph.D., is a nationally known
jury consultant with the Trial Psychology Institute in Dallas, TX. She
received her B.A. from the University of Texas at Austin and her M.S.
and her Ph.D. in social psychology from Tulane University. Dr. Fraser
helps high-powered litigators with jury selection, witness preparation,
and the persuasiveness of a witness. She is a contributing author to
"Blue's Guide to Jury Selection" and lectures and teaches persuasiveness
and trial psychology. Her work has led to several record-setting jury
awards at both the state and national level.
11:15-12:15How to Excel
During Impeachment Attempts: Lessons for Expert Witnesses from High
Profile Cases
Douglas Branson, Esq.
Attorney Branson will discuss and demonstrate the
intense level of scrutiny expert witnesses can and will come under. He
will review the numerous impeachment methods opposing counsel will
employ to discredit the expert. Attorney Branson will explain how to
best prevent and insulate oneself from these impeachment attempts and
respond to them while under attack. QUESTIONS & ANSWERS.
Learning Objective: List techniques attorneys use to impeach expert
testimony.
Douglas Branson, Esq.
has the W. Edward Sell
Chair in law at the University of Pittsburgh School of Law. He received
his BA from the University of Notre Dame, his JD from Northwestern
University School of Law and his LLM from the University of Virginia.
Attorney Branson has written nine books and 75 law review articles on
Corporate Governance. He is a highly experienced expert witness having
been retained in over 100 major cases, including Worldcom, HealthSouth,
and Adelphia Communications.
12:15-1:15LUNCH PROVIDED
WITH FACULTY-NETWORKING OPPORTUNITY
1:15-2:05Breakout
Sessions: Choose One
How to Excel at Videotaped
Depositions: What Every Expert Needs to Know
David L. Kwass, Esq.
Attorney Kwass will discuss the preparation with counsel
necessary to excel at your videotaped deposition. He will review the
unique aspects of videotaped deposition, including: the element of
surprise, looking or acting evasive or defensive, anger, arrogance or
combativeness, and other mistakes. Attorney Kwass will recommend how
experts can identify and artfully deal with the unique challenges of
videotaped depositions. QUESTIONS & ANSWERS.
Learning Objective: List techniques to
excel during videotaped depositions.
David L. Kwass, Esq. is a partner and trial
lawyer in the firm of Saltz, Mongeluzzi, Barrett & Bendesky. He focuses
his practice on cases involving construction accidents, vehicle
crashworthiness, crane and electrical accidents, equipment tip-over
accidents, workplace falls and fall protection, defective child and
recreational products, and liquor liability. The results of his passion
for workplace safety and safe design of consumer products are more than
25 separate verdicts and settlements in excess of $1 million. Mr. Kwass
is a 1987 graduate of Haverford College, receiving a B.A. He also is the
recipient of a Masters degree from Georgetown University (1989), a J.D.
from the University of Virginia School of Law in 1992, and in 2002, a
Masters with honors in Trial Advocacy from the Temple University School
of Law. Mr. Kwass continues his association with Temple's School of Law
and its Trial Advocacy Program as an Adjunct Professor of Law, regularly
teaching LLM classes, and serving as a judge for mock trials. He mentors
Temple's trial teams on construction and product liability cases.
Attorney Kwass is the co-author of "Try Opening with a Videotaped
Deposition."
OR
Preparing to Excel at Trial:
Advanced Techniques for Expert Witnesses
Bernard F. Pettingill, Jr., PhD
Dr. Pettingill will explain how he prepares with
retaining counsel for his direct examination. He will discuss key
questions, final preparation, and demonstrative evidence. Dr. Pettingill
will provide a detailed explanation of the due diligence he engages in
prior to trial with regard to the jury, any jury consultants, the list
of witnesses, judge, and local issues. He will review the many nuances
that experienced experts deal with in their trial preparation.
QUESTIONS & ANSWERS. Learning Objective:
Describe a protocol for preparing to testify.
Bernard F. Pettingill, Jr., Ph.D. is a consulting
economist in Palm Beach Gardens, Florida. He received his B.B.A. and his
MBA in economics from Loyola University, his MPH from Tulane University,
and his Ph.D. from Manchester University in Manchester, England. Dr.
Pettingill has written extensively on forensic economic issues. He is a
member of the National Association of Forensic Economists and is a
former professor of economics. Dr. Pettingill is a highly experienced
expert witness having testified in over 500 trials in 27 states.
2:05-2:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:15-3:05Expert Witness
Presentation Skills: How to Excel
Dave E. David, MD
Dr. David will utilize his media experience to explain
how expert witnesses can improve their presentation skills. He will
discuss gestures, eye contact, facial expressions, and body language.
Dr. David will review the proper use of tone, inflection, dramatic
pause, smiling, and a passion for the subject and your opinion. He will
offer practical advice to assist expert witnesses to help improve and
excel at their presentation skills. QUESTIONS & ANSWERS.
Learning Objective: Describe methods
for improving your presentation skills.
Dave E. David, MD is on the teaching faculty of
the University of Rhode Island and is a former assistant clinical
professor at the University of California, Irvine. He received his B.A.
from the University of Florida and his M.D. from the University of South
Florida Medical College. Dr. David is board certified in obstetrics and
gynecology. Twenty years of experience includes medical
analyst/commentator for CNN, FOX News Channel, and New England Cable
News, host of his own weekly television show (There's a Doctor in the
House), and radio talk show, creator, and host of Making Womb for Baby
(full-length videotape on pregnancy and childbirth) and Secrets to a
Slimmer You (audiotape program). Dr. David is a SAG/AFTRA member,
well-versed with teleprompter, earprompter, and well-trained in
commercial and dramatic acting. Dr. David is an experienced expert
witness and has testified in 65 cases in the past four years.
OR
The Expert's Report: How to
Avoid Disaster
Douglas W. Squires, Esq.
Attorney Squires will explain how experts can
bullet-proof their reports and the road map it provides in their
cross-examination. He will discuss the formatting of the report, the
amount of detail, preliminary and draft reports, notes and
correspondence and emails with counsel. Attorney Squires will review the
influence of retaining counsel in the drafting of the report and will
offer practical advice on how experts can best insulate themselves from
successful cross-examination based on their own reports. QUESTIONS &
ANSWERS. Learning Objective: Identify methods for drafting a more
persuasive expert report.
Douglas William Squires, Esq., is an Adjunct
Professor of Law at Capital University Law School. Professor Squires
received his B.A. from Miami University and his J.D. from the University
of San Francisco Law School. He has written and lectured extensively on
scientific evidence in criminal and civil cases and is the author of the
"Forensic Accounting" chapter in Scientific Evidence in Criminal and
Civil Cases. Professor Squires is an instructor for the U.S. Drug
Enforcement Administration and a speaker for the Association of Fraud
Examiners.
3:05-3:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:15-4:15How Experts Can
Assist Counsel: Expanding Role for Experts
Lou Reiter
Mr. Reiter will explain and demonstrate, with examples,
the expanding role of the expert witness in the litigation process. He
will discuss how experts can be invaluable in: the evaluation of the
case and its viability, during the discovery process, and in the
evaluation of the opposing expert's strengths and weaknesses. Mr. Reiter
will offer practical advice to experts on how an experienced, honest
expert can make himself invaluable in the litigation process.
QUESTIONS & ANSWERS.
Learning Objective: Identify areas beyond testimony where experts can
assist retaining counsel.
(Time
will be set aside at the end of this talk to complete course
evaluations)
Lou Reiter conducts 15-20 training sessions for
police groups across the United States each year. He also conducts an
average of 5-10 agency management audits and liability assessments.
These have been for state, county and municipal police operations. The
size of these agencies has been from 3 persons to 39,000 employees.
These audits allow him to be in police cars up to 100 hours each year.
He has been a consultant on 8 U.S. Department of Justice, Civil Rights
Division, Special Litigation Section, investigations of agencies
involving patterns and practices of Constitutional violations. He was
selected in 2003 as the Federal Court monitor for the Consent Decree of
Collin v. Ventura County Sheriff's Department, CA. Mr. Reiter is
a highly experienced expert witness having been retained in over 1,000
cases and having testified in over 250 cases, both in state and federal
court.
OR
Destroying Expert Witnesses: How
Lawyers Exploit Weaknesses of Experts
Lynn M. Roberson, Esq.
Attorney Roberson will explain and demonstrate, with
video examples, how lawyers capitalize on the weaknesses of experts and
help them implode. She will discuss websites, facts & assumptions,
withheld information, and other areas where experts are particularly
vulnerable during cross-examination. Attorney Roberson will offer
practical suggestions for experts to insulate themselves from these
kinds of frontal assaults by counsel. QUESTIONS & ANSWERS.
Learning Objective: List techniques
attorneys use to attack expert witnesses.
(Time will be set aside at the end of this
talk to complete course evaluations)
Lynn M. Roberson, Esq., has been practicing
litigation for over 25 years, particularly in the areas of premises
liability for violent crime, other premises liability, long term care
liability, pharmacy liability, automobile/truck accident cases, products
liability, malicious prosecution, and other personal injury law, as well
as insurance coverage matters. Ms. Roberson has completed over 70 jury
trials in these areas. Ms. Roberson is a member of the Board of
Directors of the Georgia Defense Lawyers Association. She is past chair
of the Litigation Section of the Atlanta Bar Association and the Atlanta
Bar CLE Board of Trustees. She is an active member of the Defense
Research Institute (DRI) and is past Chair of DRI's section on Trial
Tactics (2004-2006) and is a member of DRI's Insurance Law committee.
She was named as a Georgia Super Lawyer in 2004-2007. Only 5% of Georgia
lawyers received this distinction. She was named as one of the top 50
women lawyers in Georgia in 2007.