June 25-26, 2009 Hyannis, MA The Resort and Conference Center at Hyannis
7:00-8:00Registration & Continental Breakfast
8:00-9:00A View From The Bench The Honorable George A. O'Toole, Jr.
Judge O'Toole will discuss how experts can improve their presentation, effectiveness, and credibility when testifying. He will explain how the language and demeanor used by the expert can either destroy or greater trust with the jurors and the court. Judge O'Toole will offer suggestions on the proper use of visual aids and demonstrations by expert witnesses. QUESTIONS & ANSWERS. Learning Objective: List techniques for providing more effective expert testimony.
George A. O’Toole, Jr. has served as a United States District Judge for the District of Massachusetts since 1995. He also served as a state court trial judge in Massachusetts from 1982 to 1995. Before joining the bench, he practiced law for ten years with the Boston firm of Hale and Dorr, now Wilmer Cutler Pickering Hale and Dorr, where he specialized in litigation. Judge O’Toole is a graduate of Boston College (A.B. 1969) and Harvard Law School (J.D. 1972).
9:00-10:00Working with Retaining Counsel: Maintaining Your Integrity and Viability Frank M. Dattilio, PhD, ABPP
Dr. Dattilio will discuss and explain 11 crucial elements of working with retaining counsel, including: (1) Informing retaining counsel in advance of your philosophy of adhering to ethical principles and the integrity of your professional opinion, (2) Identifying and defining your precise role as the expert witness, (3) Stressing the importance of obtaining all of the material and documents in advance of rendering your expert opinion, along with identifying time constraints, (4) Reserving your right to change your opinion with the receipt of new matter that may affect your opinion, (5) What to say when retaining counsel is representing himself/herself, (6) Requests for contingency fees - playing hardball vs. softball, (7) How to respond when asked to bend the truth, deliberately "deep six" harmful data or fudge test results, (8) Should you bash the other side's expert, (9) What to do when opposing counsel wants to hire you on another case while the existing case is ongoing, (10) Rules of discovery pertaining to drafts of your expert report, and (11) Changing the "facts" as opposed to "substance" and "expert opinion" in your report. QUESTIONS & ANSWERS. Learning Objective: Identify crucial elements of working with retaining counsel.
Frank M. Dattilio, Ph.D., ABPP,
10:00-10:15BREAK AND NETWORKING OPPORTUNITY
10:15-11:15Prepare to Win: Strategies for Experts to Succeed at Deposition and Trial Testimony Ryan L. Nilsen, Esq.
Ryan Nilsen will explain the critical role preparation plays in the performance and success of expert witness testimony. He will provide tips and techniques related to the expert's file; the pleadings and themes of the case; "magic" words to use and "tragic" words avoid; handling the overbearing lawyer; responding to difficult questions; presenting harmful material on direct examination; and practice sessions with counsel. Mr. Nilsen will reveal preparatory strategies for success at deposition and trial. QUESTIONS & ANSWERS. Learning Objective: Discuss the importance of preparation.
Ryan Nilsen's
11:15-12:15Glamorous or Gut-Wrenching? How to Ride the Roller Coaster of High Profile Cases Carole Lieberman, MD, MPH
Dr. Carole Lieberman opens her high profile case files to help you:
- Decide whether to accept a high profile case - Understand what makes a high profile case different from any other case - Court or cope with media bombardment - Walk the slippery ethical slopes, and - Overcome celebrity entitlement to give successful testimony. QUESTIONS & ANSWERS. Learning Objective: Discuss methods to handle high profile cases.
Carole Lieberman, MD, MPH
12:15-1:15LUNCH PROVIDED WITH FACULTY-NETWORKING OPPORTUNITY
1:15-2:05Breakout Sessions: Choose One
The Attorney-Expert Relationship: It's a Two-Way Street Richard D. Topper, Esq.
Attorney Topper will explain how counsel and the expert can work effectively together and come to a mutually satisfactory understanding on expert fees. He will discuss how to educate the attorney and how counsel can and should educate and keep the expert informed throughout the assignment. Attorney Topper will offer practical suggestions for making sure that the expert has the proper demonstrative tools to teach the jury.
QUESTIONS & ANSWERS. Learning Objective: Identify ways counsel and the expert can work together.
Richard D. Topper, Jr, Esq.
OR
Rebuttal of Opposing Experts Jack P. Friedman, PhD, CPA, MAI
Dr. Friedman will review the goals and usefulness of rebuttal testimony, and roles that rebuttal experts play including:
- Review and check of facts, analysis and methodology in opposing expert's report, - Pointing out internal and other inconsistencies, - Providing insight into the opposing expert, and his professional standing and ethics, - Preparing questions for deposition and trial, and providing them in real time, - Review for compliance with professional ethics and standards, and - Preparing rebuttal reports and demonstrative evidence.
Jack will offer practical suggestions for experts enabling them to excel at rebutting the opposing expert. QUESTIONS & ANSWERS. Learning Objective: List roles that rebuttal experts play.
Jack P. Friedman, Ph.D, CPA, MAI
2:05-2:15BREAK AND NETWORKING OPPORTUNITY
Breakout Sessions: Choose One 2:15-3:05Cross-Examination of Experts: What to Expect and How to Prepare for it Pamela B. Goldsmith, Esq.
Attorney Goldsmith will disclose the intensive process attorneys go through to prepare for the cross-examination of experts. She will explain the cross-examination goals of counsel and the techniques counsel can and will use to achieve them. Attorney Goldsmith will offer practical suggestions for experts on how to prepare for and excel during their cross-examination. QUESTIONS & ANSWERS. Learning Objective: Explain the process attorneys go through to prepare for the cross-examination of experts.
Attorney Pamela B. Goldsmith
How Experts Can Get More Business From Insurance Companies Kevin Quinley, CPCU, ARM, AIC
Mr. Quinley will review the large and growing market among insurers for expert witness services. He will reveal the "hot buttons" and factors that insurers look for in deciding which experts to hire and which ones to avoid. Mr. Quinley will offer practical tips on boosting your referrals from insurance companies. QUESTIONS & ANSWERS. Learning Objective: List ways experts can get more business from insurance companies.
Kevin M. Quinley
3:05-3:15BREAK AND NETWORKING OPPORTUNITY
Breakout Sessions: Choose One 3:15-4:15Expert Witnesses: How to Pick Them, Protect Them, and Pick Them Apart Benny Agosto, Jr., Esq.
Attorney Agosto will explain the process and criteria that attorneys use for selecting expert witnesses. He will explain how experts should protect themselves by Daubert Proofing their methodology, reports, and opinions. Attorney Agosto will review the preparation of experts and will demonstrate with video and animation how technology can assist the expert witness and the triers of fact. QUESTIONS & ANSWERS. Learning Objective: Explain how experts should protect themselves.
Attorney Benny Agosto, Jr.
Prevention: How Experts Can Best Insulate Themselves from Cross-Examination Stephen P. Laitinen, Esq.
Attorney Laitinen will discuss how to recognize and prepare for opposing counsel's research into your background and prior testimony, utilize your superior subject knowledge, and neutralize the issue of your compensation. He will explain how to avoid making yourself opposing counsel's expert, the avoidance of canned reports, and the role of independent research and alternative theories. Attorney Laitinen will offer practical suggestions for being mindful of your geography and how to understand and use the opposing expert to your advantage. QUESTIONS & ANSWERS. Learning Objective: Explain how experts should protect themselves from cross-examination.
Steve Laitinen, Esq.
4:15-5:30RECEPTION: NETWORKING OPPORTUNITY
7:00-8:00Continental Breakfast
8:00-9:00The Biggest Mistakes Experts Make: And How to Avoid Them Honorable Pamela Pryor Dembe
Judge Dembe will identify and discuss the common mistakes experts make when presenting their testimony. She will discuss the type of testimony that does and does not impress a judge and jury. Judge Dembe will offer practical advice and suggestions on how experts can significantly improve the presentation of their testimony. QUESTIONS & ANSWERS. Learning Objective: Discuss mistakes experts make when presenting their testimony.
Judge Pamela Pryor Dembe
9:00-10:00Giving Effective Expert Depositions: Techniques and Tactics of Deposition Testimony Brian P. Brinig, JD, CPA, ASA
Mr. Brinig will explain the most effective strategies for the expert to use in a deposition setting. With input from opposing lawyers and judges he will show how experts can answer difficult questions both truthfully and artfully. Using video clips of actual deposition testimony, he will demonstrate the wrong way, and then the right way, to answer difficult deposition questions. Mr. Brinig will discuss lessons all experts can use to improve the effectiveness of their testimony. QUESTIONS & ANSWERS. Learning Objective: List ways experts can provide effective depositions.
Brian P. Brinig, JD, CPA, ASA
10:15-11:15Persuasiveness of Expert Witnesses: How to Excel Phil Walker, Esq.
Attorney Walker will share how experts can successfully persuade decision makers while strengthening their credibility and integrity. He will share "The Seven Secrets of Successful Experts" and teach how to understand your audience, use emotional connection in testimony, and build a sense of drama to move your audience while maintaining thoughtfulness and professionalism. QUESTIONS & ANSWERS. Learning Objective: Discuss ways experts can persuade decision makers.
Phil Walker, Esq.
11:15-12:15Screening Cases and Lawyers: How Experts Should Select Assignments Norman D. Bates, Esq.
Mr. Bates will discuss the initial intake and screening of potential new cases including conflict checks, whether the case is within your true area of expertise, and your gut reaction to the initial conversation with the attorney. He will review checking on the status of the case, including: Are the deadlines for the work reasonable and within your capacity? Has sufficient discovery been conducted by the trial attorney? And, will all the information you need be available for your analysis? Mr. Bates will explore additional areas of inquiry, including: Have you had a good or bad prior experience with that attorney or firm? Is it financially feasible for the attorney to hire you, given the potential recovery in the case? What's the attorney's level of experience handling prior similar cases? And, Does the attorney or the firm have the financial ability to pay your fees that go into the informed screening process? QUESTIONS & ANSWERS. Learning Objective: Discuss how experts should select assignments.
Norman D. Bates, Esq.,
Developing and Presenting Bullet-Proof Expert Opinion Testimony Craig A. Woods, Esq.
Attorney Woods will discuss what attorneys are looking for in expert testimony and the respective roles that the attorney and expert play in case theory development. He will discuss the hallmarks of unimpeachable expert opinions and how to present them effectively to courts and juries. Attorney Woods will provide examples of successful and unsuccessful expert testimony and how to avoid common pitfalls that plague even the most seasoned testifiers. He will offer practical suggestions on how to bullet-proof your opinions. QUESTIONS & ANSWERS. Learning Objective: Discuss how experts can present bullet-proof testimony.
Craig Woods, Esq.
Lights, Camera, TESTIFY! The Expert Witness in the High Profile Case Mickey Sherman, Esq.
Attorney Sherman will discuss the role, conduct and perception of the Expert Witness in high profile cases. He will explain the level of scrutiny that experts can expect and how to prepare for it. Mickey will offer practical lessons that all experts can learn from common missteps and offer suggestions for improving their testimony. QUESTIONS & ANSWERS. Learning Objective: Explain the high level of scrutiny experts can expect in high profile cases.
Former public defender and prosecutor, Mickey Sherman is a criminal defense lawyer who has represented clients in a very wide range of criminal cases. His innovative courtroom and trial techniques have been the subject of feature articles in the New York Times, National Law Journal, The American Lawyer, Time Magazine, Vanity Fair and other publications. His cases have been featured on Dateline, 48 Hours, Court TV, America's Most Wanted, and Law & Order. Mickey has been portrayed on Law & Order, two TV movies and he is a recurring character in three of James Patterson's books, most recently "The 6th Target" a #1 on the NYT Best Seller list. He plays himself in the recent Barry Levinson film, "Man of the Year," starring Robin Williams. Mickey represented Michael Skakel, the convicted accused in the 27-year-old Martha Moxley murder case in Connecticut, in the subject of 3 books and a TV miniseries. A frequent legal expert on television and radio, he can be found on any given night doing commentary on MSNBC, CNBC, Court TV, Fox News, CNN, and ABC etc. He is employed by CBS News as their Legal Analyst, regularly appearing on the CBS Early Show and the CBS Evening News.
Breakout Sessions: Choose One 2:15-3:05Marketing Techniques for the Expert Witness That Work: Has the Phone Rung Lately? Tom Bowler, CPSI, NPPS SAFE
Mr. Bowler will review how to utilize professional writing, presentations, and contacts to generate new business. He will explain why and how to contact former clients, networking with experts in your and allied fields, and the follow-up note on case completion. Mr. Bowler will discuss:
- Advantages and pitfalls of using brokerage firms to advance your business, - Pending case file for intake notes on potential cases, - Checking on pending case files, - Importance of tracking incoming calls, - The importance of the CV in developing your business, - Declining cases/referrals to other experts within field - Why? - The cost of advertising and the pitfalls, and - How much expert witnessing can you realistically handle?
QUESTIONS & ANSWERS. Learning Objective: Discuss effective marketing techniques for experts.
Thomas William Bowler
Excelling at Your Direct Examination: Preparing Counsel to Ask You the Right Questions Frank D. Tinari, PhD
Dr. Tinari will review why it is crucially important for the expert and counsel to prepare as diligently for the expert's direct examination as they do for cross examination. He will discuss the introduction and humanizing of the expert and the introduction of qualifications in an interesting and compelling fashion. Dr. Tinari will explain the role of connect-the-dots questions. He will offer practical suggestions for achieving a memorable and effective direct examination. QUESTIONS & ANSWERS. Learning Objective: Discuss ways experts can excel at direct examination.
Frank D. Tinari, Ph.D.
Breakout Sessions: Choose One 3:15-4:15Selecting Expert Witnesses: What Goes Into the Process Michael Brennan, JD
Michael will review the methods and techniques he utilizes to locate the best expert for the cases at hand. He will discuss credentials, qualifications, the experts' websites, and the criteria he uses to include or exclude expert witnesses during the selection process. Michael will explain the role that interviewing the expert plays in the process. Michael will offer practical suggestions for experts on how to make themselves more attractive to those selecting expert witnesses. QUESTIONS & ANSWERS. Learning Objective: Identify methods attorneys use to locate and select experts.
Michael Brennan, JD,
Technology and Expert Witness Testimony: How to Explain and Verify its Reliability and General Acceptance Steven M. Schorr, PE
Mr. Schorr will discuss how experts can utilize the state-of-the art technology and computer programs to aid in their analysis, help reach valid opinions, and as visual aids to their testimony. He will explain and demonstrate how the expert witness must be able to: verify the results and its reliability and explain how the technology/computer programs work. Mr. Schorr will offer practical suggestions for experts who intend to use technology and computer programs as part of their expert testimony. QUESTIONS & ANSWERS. Learning Objective: Discuss how experts can utilize technology to aid their analysis.
Steven M. Schorr, PE,
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