Law School for Expert Witnesses

June 23, 2009

Hyannis, MA

The Resort and Conference Center at Hyannis

Executive Summary

The most valuable expert witnesses understand the law and the legal system. Law School for Expert Witnesses is a lively and intense interactive course which provides experts with an insider’s understanding of the legal system and civil actions. Experts will learn how to think and speak like the lawyers that employ them. Common “legalese” will be made comprehensible and experts will learn the procedural and substantive laws that govern the civil cases experts are typically involved in. The course emphasizes not just the law per se, but how knowledge of the law can make experts more effective, valuable and successful.

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 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 introductory/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 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 7.5. Course number 2008-1024B.
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 #13,537. Approval valid through November 6, 2009.
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 introductory/intermediate group-live program. No advanced preparation is required.

Click here for Continuing Education Information.

Scheduleclick here to view the complete schedule

Tuesday, June 23, 2009

Tuesday, June 23, 2009

8:00-8:30Registration & Continental Breakfast

8:30-9:30Understanding How Lawyers Prove and Defend Cases
This segment will explain how lawyers prove and defend cases with a focus on how understanding of the law can make an expert witness more valuable to retaining counsel. Questions and Answers. Learning Objective: Describe how lawyers prove and defend cases.

9:30-10:00The Economics of a Lawsuit and Determining How Much a Case is Worth
How much money is a plaintiff entitled to in a lawsuit? Attendees will learn the law governing damages, the economics of a lawsuit, and how to seek out the highest value cases where they can charge a premium amount for their services and take the time necessary to do their highest level work. Questions and Answers. Learning Objective: Identify factors that go into determining how much a case is worth.

10:00-10:15BREAK & NETWORKING OPPORTUNITY

10:15-11:00Anatomy of a Lawsuit
The best expert witnesses have a working understanding of the legal processes involved in the lawsuit they are serving on. The essential components of a lawsuit are discussed and explained in this segment. Included is a discussion of complaints, answers, affirmative defenses, discovery, motions, summary judgment, motions to dismiss, remedies, and appeals. Students will discuss sample pleadings and court documents. Questions and Answers. Learning Objective: Describe the legal procedures most often employed during civil litigation.

11:00-12:00The Discovery Process and Avoiding Discovery Abuse of Expert Witnesses
Discovery typically eats up the most time and expense in a case. How do attorneys utilize the discovery process? The various methods of discovery are explained. These include interrogatories, requests for production of documents, depositions, subpoenas duces tecum, physical examinations, and requests for admissions. An interactive and lively discussion of discovery disputes and abuses of experts, including protective orders and sanctions, will permit attendees to understand how far attorneys can go and how to “fight back” against subpoenas, being called as a “fact only” witness, abusive questioning and other commonly encountered problems. Questions and Answers. Learning Objective: Explain issues of concern to expert witnesses under each form of discovery.

12:00-1:00LUNCH PROVIDED WITH FACULTY

1:00-1:45What Happens at a Civil Trial
Although most cases settle before trial, expert witnesses should understand how a civil trial works for the inevitable day when they are called to testify at trial. In this segment students are taught the ins and outs of a civil trial. Included is the role of the judge and jury, opening statements, burdens of proof and persuasion, summation, directed verdicts, judgments notwithstanding verdicts, jury deliberation and decision, and judgments. Included is a discussion of common trial motions such as motions in limine, requests for limiting instructions, and motions for a new trial. Alternative Dispute Resolution (ADR) processes that involve experts such as mediation and arbitration are also discussed. Questions and Answers. Learning Objective: Describe what happens during a civil trial.

1:45-2:30What Can and Can Not Be Asked of an Expert Witness at Trial
There will be a discussion of the basic rules and policies behind the Federal Rules of Evidence. Students will learn why certain types of evidence are held to be inadmissible, even where it is relevant. Students will be given the opportunity to object to and argue the admissibility of various pieces of proposed evidence. The focus of this segment will be how the rules are applied to effect what can and can not be asked of expert witnesses. Questions and Answers. Learning Objective: Explain how the rules of evidence can be used to protect an expert witness from certain types of questions.

2:30-2:45BREAK & NETWORKING OPPORTUNITY

2:45-3:45The 700 Series of Rules Dealing Specifically With Expert Testimony
Students will learn the legal requirements for expert witness testimony under the federal rules of evidence. Included will be a discussion of the landmark Daubert line of cases limiting the admissibility of expert testimony and the rules dealing with mandatory expert witness reports. Also included is a discussion of the rules regarding impeaching (i.e., discrediting) an expert witness. Students will learn why an attorney is allowed to discredit an expert witness and how that process takes place. Practical advice to protect from such impeachment assaults will be given. Demonstrations will be conducted utilizing student volunteers. Questions and Answers. Learning Objective: Explain the significance of the 700 series of rules dealing specifically with expert witness.

3:45-4:15Expert Witness Liability and Risk Management
The faculty will review the traps for the unwary in which experts can become subject to criminal and civil liability and professional discipline through their expert witness work. Practical suggestions to avoid liability and manage risk will be provided. Questions and Answers. Learning Objective: List effective risk management techniques for expert witnesses.

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 concrete actions you will be taking to improve your expert witness practice.