Expert Witness Report Writing Workshop
June 23, 2009
Hyannis, MA
The Resort and Conference Center at Hyannis
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Executive Summary
An expert's report is one of the most important services provided to retaining counsel. A well-written
report is immensely helpful to retaining counsel and may well lead to future referrals and the ability to
charge premium fees. A poorly written report can and will be used to impeach the expert in the case at hand and future cases for years to come. Expert Report Writing Workshop is a lively, hands-on program that features numerous interactive writing exercises and mock trial demonstrations. It will teach you how to write more valuable and more defensible reports and how to avoid the most common pitfalls involved in expert report writing. Attendees will learn how to structure their reports so as to be resistant to cross examination. Ample time will be set aside for questions and answers.
Here's what past attendees have to say!
"Well structured and great examples"
"Every bit as good as I had hoped for!"
"Extremely effective"
"Very practical, open to answering questions"
"Kept everything anchored to the main objective"
"Good information combined with and applied to practical experiences"
"Very helpful"
"Excellent program, well executed"
"Great job of pointing out weaknesses in the reports and line of questioning, nice educational strategy"
"Great, engaging, and informative"
"Awesome, I appreciate seamless transition between attorney and lecturer"
Distinguished Faculty
Nadine Nasser Donovan, Esq
., is a former trial lawyer with extensive litigation experience. She is
currently of counsel to the Boston-based firm of Martin, Magnuson, McCarthy & Kenney. Her practice
area includes the defense of medical professionals in medical malpractice actions and before medical
licensing boards. In addition, Ms. Donovan is a Legal Writing Instructor at Boston University School
of Law. She previously practiced litigation in New York City, first as a prosecutor in Queens, and then as counsel for the City of New York. Ms. Donovan received her J.D. cum laude from Boston College Law School. She graduated from Fordham University summa cum laude with a B.A. in French Literature.
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 6.25 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 .6 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 2008-1024A.
Nurses:
6.25 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 #13,147-R08. Approval valid through November 11, 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 6.25 AMA PRA Category 1™ Credits. Physicians should only claim credit commensurate with the extent of their participation in the activity.
Psychologists:
6.0 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.
8:00-8:30Continental Breakfast
8:30-9:00Introduction
Students will learn when to write their expert witness report and more importantly when not to write an expert report. The law governing the discoverability and admissibility of expert reports will be explained. The specific reasons why a well-written report is of crucial importance will be explained. Questions and Answers. Learning Objective: Discuss the rules governing expert reports, discuss when to write an expert report and explain the law governing expert reports.
9:00-9:30Legal Requirements of Expert Reports
Students will learn the legally mandated content requirements for Rule 26 Reports for cases in federal court and reports used to oppose or support motions for summary judgment (Rule 56 motions). Questions and Answers. Learning Objective: List the legal requirements for expert reports.
9:30-10:00Formatting
Students will learn the optimum ways to format an expert witness report and how this can assist them during cross-examination. The importance of proper formatting will be emphasized, with a specific discussion of cover pages, fonts, topic headings, paragraph breaks and lengths, spacing, and page numbering. A mock trial demonstration will emphasize the importance of proper formatting. Model reports with superior formatting will be provided. Questions and Answers. Learning Objective: Describe an optimally formatted expert report.
10:00-10:30Documents and Authority/Research Reviewed
Through a combination of a didactic presentation, interactive writing exercises, and mock trial demonstrations, students will learn the best way to document in an expert report the documents and research upon which the expert's opinion was based and the importance of doing this in a proper manner. What should and should not be included will be discussed. Questions and Answers. Learning Objective: Describe how to best document in an expert report the documents, authority and research reviewed.
10:30-10:45BREAK & NETWORKING OPPORTUNITY
10:45-11:15Qualifications of the Expert Witness
The expert's stating of his own qualifications in an expert report is an area where avoidable mistakes with severe consequences are all too often made. Through didactic presentations, interactive writing exercises and a mock trial demonstration, students will learn the importance of accurately and objectively stating one's qualifications and the common errors that experts often make in this area. Questions and Answers. Learning Objective: Explain how to avoid common errors associated with documenting an expert witnesses qualifications.
11:15-11:45Properly Expressing Your Opinion
The purpose of an expert report is the expression of the expert's opinion. This opinion should be expressed in a clear, confident and supportable manner. Through didactic presentations, interactive writing exercises and a mock trial demonstration, students will learn how to properly express an opinion and the reasoning for that opinion in an expert report and the common pitfalls to avoid in this area. Questions and Answers. Learning Objective: Explain how to best document an expert's opinion.
11:45-12:00Catching Mistakes Before They Catch You
Through didactic presentations and a mock trial demonstration experts will learn the importance of proofreading their report and how to catch and correct the most commonly made errors in expert reports. Questions and Answers. Learning Objective: Describe how to proof an expert report so as to prevent mistakes.
12:00-1:15LUNCH PROVIDED WITH FACULTY
1:15-2:45Drafting a Powerful, Defensible Report
Through didactic presentations, interactive writing exercises and a mock trial demonstration, students will learn 20 proven techniques to make their expert report more powerful, persuasive, and defensible. Specific techniques explained will include: avoidance of absolute words, staying within the expert's true area of expertise, red flag words to avoid in expert reports, common damaging superfluous language that should not appear in expert reports, the avoidance of hedge words and over a dozen more specific techniques. Questions and Answers. Learning Objective: List techniques to draft powerful, defensible expert reports.
2:45-3:00BREAK & NETWORKING OPPORTUNITY
3:00-4:00Defending Your Report During Cross Examination
Through didactic presentations and mock trial demonstrations students will learn the 25 most effective tactics counsel uses to attack an expert through his report and, more importantly, specific advice on how to defend against each and every one of these tactics. Questions and Answers. Learning Objective: Explain how to defeat opposing counsel's cross-examination tactics.
4:00-4:30Takeaways, Conclusion and Evaluation
Concluding remarks will be preceded by an attendee and faculty generated numbered list of action steps and takeaways from the covered material that attendees can use to draft more persuasive and defensible expert reports. Questions and Answers. List action steps to draft more persuasive and defensible expert reports.