How To Become a Dangerous Expert Witness
June 24, 2009
Hyannis, MA
The Resort and Conference Center at Hyannis
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Executive Summary
Dangerous experts are the most sought after and valuable of all experts. Dangerous experts are those experts who are highly resistant to attack, who know how to defeat counsel's tactics, are skilled at persuading a jury, and who recognize when to seize the moment and turn the tables on opposing counsel. This course will teach its attendees how to become dangerous expert witnesses. How to Become a Dangerous Expert Witness is an advanced, fast-paced, interactive workshop
designed for experienced experts who have already had some formal expert witness training. It is taught by an experienced faculty and features concise didactic presentations coupled with numerous interactive, hands-on exercises. There will also be ample time set aside in each segment for questions and answers. Each registration includes a continental breakfast and lunch with faculty, a workshop manual not available anywhere else and a unique, memorable, educational experience.
Here's what past attendees have to say!
"A class act"
"Excellent examples"
"Extremely helpful"
"High caliber group of attendees"
"I learned a ton"
"Very pointed"
"My expectations are exceeded"
"One of the best I've attended"
"Outstanding"
"Top Notch - as always"
Distinguished Faculty
James J. Mangraviti, Jr., Esq.
, has trained thousands of expert witnesses. He is a former litigator with experience in defense and plaintiff personal injury law and insurance law. He currently serves as Vice President and General Counsel of SEAK, Inc. Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. His publications include the texts Depositions: The Comprehensive Guide for Expert Witnesses, The A-Z Guide to Expert Witnessing, Cross-Examination: The Comprehensive Guide for Experts, National Guide to Expert Witness Fees and Billing Procedures, Writing and Defending Your IME Report, How to Excel During Depositions: Techniques for Experts That Work, Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies, and The Biggest Mistakes Expert Witnesses Make and How to Avoid Them.
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 8.0 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 introductory/intermediate group-live program. No advanced preparation is required.
Appraisers:
The American Society of Appraisers will accept 7.0 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 introductory/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 8.0. Course number 2008-1024D.
Nurses:
7.0 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 #13,148-R08. 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 7.0 AMA PRA Category 1™ Credits. Physicians should only claim credit commensurate with the extent of their participation in the activity.
Psychologists:
7.0 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 introductory/intermediate group-live program. No advanced preparation is required.
Click here for Continuing Education Information.
7:30-8:00Registration and Continental Breakfast
8:00-9:15Bullet-Proofing Yourself
In order to become dangerous, an expert witness must deny opposing counsel ammunition to attack the expert's credentials and credibility. This segment will identify a check list of potential areas of attack that experts may be subject to regarding their credentials and credibility including: problem language on CVs, skeletons in the closet, past testimony, controversial associations, missing credentials, etc. The faculty will provide specific advice on how to insulate yourself as much as possible from these attacks before you ever take the stand. Questions and Answers. Learning Objective: List techniques to insulate yourself from potential attacks by opposing counsel.
9:15-10:00Bullet-Proofing Your Opinions
Dangerous expert witnesses express opinions that hold up under the most rigorous scrutiny and cross-examination. This segment will identify the most common ways in which opposing counsel is able to poke holes in an expert's opinion and provide specific action steps to bullet-proof your opinion including, learning how and when to say "no" to retaining counsel, buttressing your opinions with research, conducting a thorough investigation, staying within your true area of expertise, case selection, etc. Questions and Answers. Learning Objective: Describe how to make your opinions more resistant to cross-examination.
10:00-10:15BREAK & NETWORKING OPPORTUNITY
10:15-11:15Defeating Opposing Counsel's Deposition Tactics
Most cases are won and lost in the discovery phase. The expert's deposition is a crucial component of discovery. The rules under which a deposition is conducted are much different than the rules that apply at trial. For example, there is no judge present at a deposition and the grounds for objection are far more limited at deposition than at trial. In this segment, expert witnesses will learn advanced techniques for defeating 25 of opposing counsel's tactics used to trick and trap an expert at depositions. Many of these tactics and defenses will be demonstrated with student participation. Questions and Answers. Learning Objective: Discuss how to defeat opposing counsel's deposition tactics.
11:15-12:00Hitting a Home Run During Your Direct Examination
Experts typically obsess about cross-examination and worry (and prepare) far less than they should for direct examination. Dangerous expert witnesses understand that their direct examination testimony is probably more important in most cases than their cross-examination testimony. In this section, a concise lecture on advanced direct examination strategies for experts will be followed by short interactive demonstrations where student experts are asked to provide direct testimony and this testimony is critiqued by the group and judged on understandability, persuasiveness, style, and the all important "intangibles." Questions and Answers. Learning Objective: List techniques to present more persuasive direct testimony.
12:00-1:00LUNCH PROVIDED WITH FACULTY
1:00-2:00Defeating Opposing Counsel's Cross- Examination Tactics
Experts can expect opposing counsel to use numerous tactics, fair and unfair, to attempt to twist and spin the facts and attack and degrade the expert. Dangerous expert witnesses are prepared to defeat opposing counsel's cross-examination tactics. In this segment, experts will learn advanced techniques for defeating 25 of opposing counsel's cross-examination tactics. Many of these tactics and defenses will be demonstrated with student participation. Questions and Answers. Learning Objective: Explain how to defeat opposing counsel's cross-examination tactics.
2:00-3:15Truthfully and Artfully Answering Trick and Difficult Questions
Good experts often do very well while testifying except for one or two trick or difficult questions which they are unprepared to answer and stumble on. Dangerous experts have mastered the techniques for identifying and responding to trick and difficult questions. In this segment, expert witnesses will learn advanced techniques for identifying and responding to trick and difficult questions. These techniques will then be demonstrated and students tested and critiqued on their skills as the instructor asks numerous difficult trick and difficult questions to class members. Questions and Answers. Learning Objective: Describe truthful and artful responses to trick and difficult questions.
3:15-3:30BREAK & NETWORKING OPPORTUNITY
3:30-4:15Sticking the Knife In
The most dangerous of all experts are those experts who are able to turn the tables on opposing counsel and "stick the knife in." These experts are particularly dangerous as opposing counsel is quite likely to lose far more ground during cross-examination that she is to gain. In this section the faculty will explain several techniques on how and when seize the opportunity to turn the tables on opposing counsel. Each of these techniques will be demonstrated by brief interactive cross-examination demonstrations using students in the class. Questions and Answers. Learning Objective: Explain how to turn the tables on opposing counsel.
4:15-4:30Takeaways, Conclusion and Evaluation
The instructor will take any final questions and solicit from the group a concise set of practical "bullet point" takeaways based on what was learned in this workshop. Learning Objective: List techniques to be a more effective expert witness.