Bulletproofing Yourself and Your Opinions
June 23, 2009
Hyannis, MA
The Resort and Conference Center at Hyannis
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Executive Summary
The surest way to avoid a damaging cross-examination is to deny opposing counsel the ammunition to use against you. Bulletproofing Yourself and Your Opinions is an intermediate to advanced course which teaches experts how to conduct themselves in a manner which bolsters their credibility and makes themselves far more valuable to retaining counsel. This fast-paced, interactive program is taught with mock trial demonstrations featuring volunteer attendees and content rich didactic presentations. Significant time will be set aside for questions and answers. Each registration includes continental breakfast, lunch with faculty and course book. Some experience as an expert witness is a prerequisite for Bulletproofing Yourself and Your Opinions, but no advanced preparation is necessary.
Distinguished Faculty
Steven Babitsky, Esq.,
is the President of SEAK, Inc. Attorney Babitsky was a personal injury litigator for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Mr. Babitsky trains hundreds of experts every year through SEAK's scheduled programs for expert witnesses, invited presentations, and customized expert witness training programs presented to corporations, associations, and governmental agencies. He also serves as a one-on-one consultant to expert witnesses who desire to improve their expert witness practices. Mr. Babitsky is the co-author of the texts Depositions: The Comprehensive Guide for Expert Witnesses; The A-Z Guide to Expert Witnessing; How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies; Writing and Defending Your Expert Report: The Step-by-Step Guide with Models; How to Excel During Cross-Examination: Techniques for Experts That Work; and How to Excel During Depositions: Techniques for Experts That Work.
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.
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) Cerbarano (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 7.0 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 6.5 continuing education hours for this program.
Arborists:
The International Society of Arboriculture (ISA) has approved this program for 6.5 Certified Arborist CEUs.
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) Cerbarano (781-261-9972, Karen@seak.com) with any questions.
Engineers:
SEAK, Inc. has been approved as an Authorized Provider by the International Association of Continuing Education and Training (IACET), 1760 Old Meadow Road, Suite 500, McLean, VA 22102. SEAK, Inc. is authorized by IACET to offer .7 CEUs for this program. PARTIAL CREDIT IS NOT ALLOWED. There are no prerequisites for this intermediate group-live program. No advanced preparation is required. This is an interactive program where learner-instructor dialog and participation in demonstrations is encouraged. No technological skills or equipment is required.
Life Care Planners:
The Commission on Health Care Certification (CHCC) has given the course 7.5. Course number 2008-1024C.
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 #13,881. Approval valid through November 6, 2010.
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. No advanced preparation is required.
Click here for Continuing Education Information.
8:00-8:30Registration & Continental Breakfast
8:30-10:00Bulletproofing Yourself, Your CV, Qualifications, Marketing Activities & Web Site
A mock trial demonstration followed by bottom line bullet point advice with numerous examples on how to avoid potentially devastating problems in an expert's CV, qualifications, marketing activities and web site. Questions and Answers. Learning Objective: Demonstrate how to avoid issues in your CV, qualifications, marketing and web site.
10:00-10:15BREAK & NETWORKING OPPORTUNITY
10:15-11:00Bulletproofing Yourself, Your Image and Reputation
This section begins with a mock trial demonstration which shows how an expert's self-created image can be used against the expert. The didactic portion of this segment will show experts all the controllable elements that effect their image and how to best project a positive image. Examples include business cards, firm names, case selection, testifying extensively for plaintiffs/defendants, outside activities, etc. Questions and Answers. Learning Objective: List ways to improve your expert image.
11:00-12:00Bulletproofing Your Opinions, Passing the Daubert Tests, Your Methodology
Mock trial demonstration followed by an in-depth discussion of the legal requirements of Daubert and FRE 702 as they relate to how an expert forms and expresses his/her opinion(s) and the admissibility of the opinions. Numerous examples will be discussed. The lecture continues with practical advice on how to avoid being caught in a Daubert nightmare and how to use the Daubert criteria as a roadmap to bolster the persuasiveness of any opinion. Questions and Answers. Learning Objective: Describe legal requirements of Daubert.
12:00-1:00LUNCH PROVIDED WITH FACULTY
1:00-2:00Bulletproofing Your Opinions, Research, Investigation, Document Review and Examination
An expert's opinion will only be as strong as the facts, research and investigation upon which it is based. A mock trial demonstration will be followed by a frank discussion of how to conduct an investigation, research and data collection in a manner that bolsters an expert's opinion. Included is a discussion of FRE 703 and cherrypicking data to support an opinion. Questions and Answers. Learning Objective: List the ways to strengthen your opinion.
2:00-2:30Bulletproofing Your Opinions, Managing the Potentially Damaging Influence of Retaining Counsel
Experts often severely damage or destroy the persuasiveness of their opinions by allowing retaining counsel to influence (or appear to influence) their investigation, assumptions, and opinions. In this segment experts will learn how to insulate their opinions from the appearance of being under the influence of retaining counsel, for example through the information the expert relies upon, the modification of draft and preliminary opinions, and through the communications between the expert and retaining counsel. Questions and Answers. Learning Objective: Identify methods retaining counsel may use to influence your opinions.
2:30-2:45BREAK & NETWORKING OPPORTUNITY
2:45-3:15Bulletproofing Your Opinions, Rebuttals and Commenting On Other Experts
Commenting on another expert's opinions is an area that gets many experts into unnecessary difficulty. In this segment experts will learn the right way and wrong way to comment on another expert's opinions. Questions and Answers. Learning Objective: Describe the correct way to comment on another expert's opinions.
3:15-4:15Bulletproofing Your Opinions, Best Practices in Expressing and Supporting Your Opinions in Your Written Report and While Testifying
Even the most well researched opinions are worthless if not expressed with confidence, legal sufficiency and adequate basis. This segment will consist of a mock trial demonstration along with advice (with numerous examples) on how and how not to express and support your expert opinion(s). Included is a discussion of standards, using objective supporting data, citing research, and margins or error. Questions and Answers. Learning Objective: List techniques to effectively present your opinions.
4:15-4:30Takeaways, Conclusion and Evaluation
The faculty will address any final questions and elicit from the audience a bullet-point list of what specifically they will be doing differently as a result of what they learned at this course. Learning Objective:List the most important concepts, techniques and action steps learned in the program.