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21st Annual National Expert Witness Conference, August 23-24, 2012

Falmouth, MA

Sea Crest Beach Hotel, Falmouth, Cape Cod, Massachusetts

click here for the conference brochure pdf

Executive Summary
SEAK, Inc. is pleased to present its 21st Annual National Expert Witness Conference. Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include lectures, trial demonstrations, lively question and answer periods, and intensive breakout sessions led by a highly qualified faculty.

To Register: Note: A 20% discount is available for two or more persons registering together prior to June 1, 2012.

Continuing Education Credits: Continuing education credits are offered for most programs.

Conference Cancellations: Conference cancellations received in writing before August 1, 2012 will receive a full refund. Persons canceling after August 1, 2012 will not receive a refund, but will be provided with the handout materials.

Location/Hotel Accommodations
The Sea Crest Beach Hotel (www.seacrestbeachotel.com, 800-225-3110) is a full-service beach front hotel nestled in a beautiful oceanfront location in Falmouth, Massachusetts and has recently undergone an $18,000,000 renovation. A limited block of rooms will be available at special rates at the site hotel ($235 Single/Double). Rooms are limited and this rate expires July 21, 2012. To make your reservations please call 800-225-3110 and mention that you are with SEAK, Inc. These rates are available for a limited time and on a limited number of rooms so you are strongly encouraged to make your reservations as soon as possible. Falmouth is one of the Cape’s best playgrounds for vacationers of all ages and interests. It features over 75 miles of scenic coastline, three ferries to Martha’s Vineyard, countless dining options, numerous antique shops, the Shining Sea bike trail, the Woods Hole Oceanographic Institution (which found the Titanic and Bismarck, among other famous accomplishments), numerous public golf courses and ocean temperatures and daytime high temperatures which both average in the 70s during the month of August. Nantucket ferries run from Hyannis, which is approximately thirty minutes (by car) from Falmouth.

Main Conference Continuing Education Credit Information:
Note: If your specialty does not appear below and you desire credits, please contact Karen Cerbarano (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 14 CEUs.
Accountants: Earn 16.0 CPE credits in the field of study of Specialized Knowledge and Applications. SEAK, Inc. 108578 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 12.5 continuing education hours for this program. 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 Cerbarano (Karen@seak.com) with any questions. Engineers: 13 PDHs. The acceptance of this course is dependent upon your state(s) of registration. The vast majority of states do not require preapproval of either courses or course sponsors. Life Care Planners: The Commission on Health Care Certification (CHCC) has given the course 12.12 CEUs. Course number 1191. Physicians: SEAK, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. SEAK, Inc. designates this live activity for a maximum of 13.25 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity. Psychologists: 11.0 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 is no credit provided for the afternoon breakout sessions dealing with practice development.

For questions or more information call 508.457.1111 or email mail@seak.com.
NOTE: SEAK does not accept commercial support for its programs and does not use faculty members with conflicts of interest.

Conference Program: Thursday, August 23, 2012

7:00–8:00 REGISTRATION & CONTINENTAL BREAKFAST

8:00–9:00 How Experts Can Excel
Honorable Martha J. Cook

Judge Cook will discuss proper courtroom etiquette for experts when dealing with the judge, counsel, jury, and courtroom personnel. She will identify the common mistakes experts make, such as becoming an advocate for the case, and how they can avoid them. Judge Cook will explain how experts can improve their presentation, effectiveness, and credibility when testifying. QUESTIONS AND ANSWERS. Learning Objective: List ways experts can be a more effective expert.

The Honorable Martha J. Cook is a Judge of the Circuit Court Thirteenth Judicial Circuit in Tampa, Florida. She received her BA from Stetson University, her MA from the University of South Florida, and her JD with honors from the University of Florida. Judge Cook is a fellow of the American Academy of Civil Trial Mediators and is an instructor for the Florida College of Advanced Judicial Studies.

9:00–10:00 Forming Defensible Expert Opinions
Michael G. Kessler CrFA, CFE, CICA, DABFA, FACFE

Mr. Kessler will explain and demonstrate investigation, how to use facts, analysis, standards, data, research, and a solid methodology to form honest, reliable, and defensible expert opinions. He will use case examples to discuss and demonstrate how well thought out and documented expert opinions survive challenges and are found legally sufficient and persuasive. Mr. Kessler will offer practical suggestions for developing and implementing a rigorous protocol that can result in forming defensible opinions. QUESTIONS AND ANSWERS. Learning Objective: Identify methods experts can use to form defensible opinions.

Michael G. Kessler CrFA, CFE, CICA, DABFA, FACFE is currently the President and CEO of Kessler International, a global forensic accounting, computer forensics and investigative consulting firm. Mr. Kessler has conducted hundreds of complex investigations, forensic audits and computer forensic examinations and has been retained by some of the nation’s leading attorneys, corporations and government agencies for assistance and training. He has also planned, organized and supervised inter-governmental task forces dealing with white-collar crimes. Mr. Kessler has supervised some of the largest white collar operations conducted in New York State including the investigations of Jessica Hahn, and Leona Helmsley. Mr. Kessler has been classified as an expert in the area of forensic accounting and computer forensics and has provided his expertise for many defense and plaintiff cases. He has also been tasked by Fortune 500 companies, federal and state government agencies and professional associations to develop and execute forensic audit training programs for their staff. Mr. Kessler has also been requested to be an Independent Private Sector Inspector General for corporations and government agencies.

10:00–10:15 BREAK AND NETWORKING OPPORTUNITY

10:15–11:15 Effective Preparation of Expert Witnesses
Walter R. Lancaster, Esq.

Mr. Lancaster will present a systematic approach to preparing experts to give effective deposition and trial testimony. He will discuss key aspects of the preparation process, including building a robust record, addressing the “expert triangle”, key elements of preparing for direct and cross examination, and tools for managing complex cases. Mr. Lancaster will discuss how the expert can motivate busy counsel to expend the time and effort to properly prepare them for their expert testimony and, conversely, why it is essential that the busy expert invest the time necessary to provide sound work product. QUESTIONS AND ANSWERS. Learning Objective: Describe ways to properly prepare for delivering expert witness testimony at deposition and trial.

Walter R. Lancaster Esq. is a trial lawyer at Kirkland & Ellis in Los Angeles, California who has spent most of his career trying cases in state and federal courts across the country. He has had a broad based trial practice involving complex tort and commercial disputes with substantial experience in tort, product liability, professional liability, contract and insurance cases. Additionally, Mr. Lancaster has extensive experience in non-trial areas, including advising clients on E-discovery, discovery best practices, leading internal investigations, and writing and lecturing on the use of experts in trials. His treatise, Expert Witnesses in Civil Trials (Thomson West 2011) is in its 9th year of publication, and has a new chapter on expert preparation. Mr. Lancaster’s cases have been featured in the National Law Journal, The Wall Street Journal, The Chicago Lawyer, The Texas Lawyer, and the Chicago Tribune. He is 3-0 against firms that have been named to the National Law Journal’s Annual Plaintiffs’ “HOT LIST,” which identifies the dominant plaintiffs’ firms in the country and has been featured on Fortune’s list of Leading Lawyers.

11:15–12:15 Daubert Proofing Yourself
Michael J. Warshauer, Esq

Attorney Warshauer will review the dangers that Daubert challenges pose to expert witnesses and their practices. He will explain how to avoid, and when necessary, effectively deal with Daubert challenges, including explaining your technical qualifications, relevant credentials, preparing affidavits, appearing at hearings, and when necessary, obtaining private counsel. Atty. Warshauer will offer practical suggestions for experts to Daubert proof themselves and their practice. QUESTIONS AND ANSWERS. Learning Objective: Explain techniques to be used to avoid Daubert issues.

Michael J. Warshauer Esq. is a partner in the Atlanta, Georgia Warshauer Law Group. Attorney Warshauer represents
catastrophically injured plaintiffs who have been injured by defective products, fires, explosions, and malpractice. He has taught and lectured extensively for the Georgia Trial Lawyers Association, National College of Trial Advocacy, the American Board of Trial Advocates and other groups on a variety of topics including Daubert. He was lead counsel in the Joiner case which is a seminal Supreme Court Daubert case. Atty. Warshauer is the immediate past president of the Georgia Trial Lawyers, serves on the Executive Committee of the American Association for Justice, is Board Certified in civil trial advocacy and was honored as one of the best lawyers in America and top 100 in Georgia.

12:15–1:30 LUNCH (PROVIDED WITH FACULTY)

1:30–2:20 Breakout Session: Choose One

Excelling at Your Direct Testimony
Neil Kaye MD, DFAPA

Dr. Kaye will discuss how to make an excellent and memorable first impression during your direct examination. He will explain the importance of preparation with retaining counsel, humanizing the expert, introduction of qualifications, and relevant expertise in an interesting way to enhance the expert’s credibility and likeability. Dr. Kaye will explain the role of tempo rhythm and the all-important connect-the-dots questions. He will offer practical suggestions for achieving a memorable and effective direct examination. QUESTIONS AND ANSWERS. Learning Objective: List ways to provide superior direct testimony.

Forensic Psychiatrist Dr. Neil S. Kaye M.D., DFAPA is a specialist and expert witness in Forensic Psychiatry. His testimony has had a major impact on high profile cases and studies. Dr. Kaye specializes in forensic psychiatry, neuropsychiatry, psychopharmacology and psychiatric research and has performed over 10,000 psychiatric evaluations. He has experience in criminal, civil, and regulatory law as well as family/domestic issues working with plaintiffs, defendants and courts. He has delivered over 600 lectures and has authored over 40 publications.

OR

Destroying Expert Witnesses During Cross-Examination
Glenn P. Falk, Esq.

Attorney Falk will discuss and demonstrate how counsel plans to attack an opposing expert witness through researching: the expert’s background and prior testimony, expert-work income, internet searches, resume, and past writings. He will explain the goals of counsel on cross-examination, and will discuss and demonstrate the techniques counsel uses to impeach on the witness stand. Attorney Falk will offer practical suggestions for experts on how to prepare for and excel during their cross-examination. QUESTIONS AND ANSWERS. Learning Objective: Identify methods attorneys use to attack the expert.

Glenn P. Falk Esq. is a trial attorney and partner in the Coral Gables, Florida law office of Falk, Waas, Hernandez, Cortina, Solomon, & Bonner. He is a former police officer and a former adjunct professor at the University of Miami School of Law in Trial Advocacy. He has been listed in Florida Super Lawyers magazine for five consecutive years. He is co-author of “Investigating the Plaintiff’s Expert” and a frequent popular lecturer on legal and trial issues. He is also AV rated by Martindale-Hubbell.

2:20–2:30 BREAK AND NETWORKING OPPORTUNITY

2:30–3:20 Breakout Session: Choose One

Scientific v. Legal Proof: Communication in the Courtroom
Jay Siegel Ph.D.

Dr. Siegel will explain the evolution of scientific proof and how it impacts experts and the attorneys who utilize them. He will discuss how experts can and should communicate their science, opinions, technical limitations, and degrees of certainty in light of the legal standards of proof. Dr. Siegel will offer practical suggestions for experts who are dealing with rapidly developing science and the demands of lawyers for opinions expressed with confidence, certainty, and without ambiguity. QUESTIONS AND ANSWERS. Learning Objective: Describe ways to effectively communicate in the courtroom.

Jay Siegel holds a Ph.D. in Analytical Chemistry from George Washington University. He worked for 3 years at the Virginia Bureau of Forensic Sciences, analyzing drugs, fire residues and trace evidence. He was then professor of chemistry and forensic science at Metropolitan State College for 3 years. From 1980 to 2004 he was professor of forensic chemistry and Director of the forensic science program at Michigan State University in the School of Criminal Justice. In 2004 he moved to Indiana University, Purdue University, Indianapolis to become Director of the Forensic and Investigative Sciences Program. In 2008 he also became Chair of the Department of Chemistry and Chemical Biology at IUPUI. Dr. Siegel has testified over 200 times as an expert witness in 12 states, Federal Court and Military Court. He is Editor in Chief of the Encyclopedia of Forensic Sciences and has over 20 publications in forensic science journals. He has published a college text book entitled “Fundamentals of Forensic Science” for Elsevier and a high school forensic science textbook; “Forensic Science: The Basics: published by CRC. His book, “Forensic Science: A Beginner’s Guide”, came out in 2008. In February 2009, he was named Distinguished Fellow by the American Academy of Forensic Sciences.

OR

How to Expand Your Practice Through 24/7 Expert Witness Marketing
James J. Mangraviti, Jr., Esq.

Attorney Mangraviti will discuss and demonstrate how each contact between the expert and the client presents cost-effective marketing opportunities for the expert. He will review the 15 marketing opportunities presented by 24/7 expert witness marketing and explain how to maximize each one to expand your practice. QUESTIONS AND ANSWERS. Discuss effective marketing techniques.

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 Principal 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 The Biggest Mistakes Expert Witnesses Make: And How to Avoid Them, 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 How to Market Your Expert Witness Practice: Evidence-Based Best Practices.

3:20–3:30 BREAK AND NETWORKING OPPORTUNITY

3:30–4:30 Breakout Session: Choose One

Dealing with Difficult Attorneys: Retaining and Opposing Counsel
Hal Deatherage Ph.D., PE

Dr. Deatherage will discuss and demonstrate with case examples how to effectively deal with counsel who withhold information, impose unrealistic deadlines, try to manipulate the expert, and use intimidation to get what they want. He will explain how to utilize tact, diplomacy, humor, and strategies to defuse difficulties, maintain your relationship with the client, and protect your integrity, credibility, and professional reputation. QUESTIONS AND ANSWERS. Learning Objective: Describe best practices in dealing with difficult attorneys.

Hal Deatherage Ph.D., PE is a partner in the Tennessee engineering consulting firm of Construction Engineering Consultants. He obtained his BS from the University of Missouri at Rolla in geophysics, his MS in structural engineering from UMR, and his Ph.D. in civil engineering from the University of Tennessee. Over the last 25 years he has testified more than 300 times in litigation issues involving design, safety, construction productivity, construction claims, forensic failure analysis, erosion and sediment control issues, maintenance, construction quality, and other structural and civil engineering issues. CEC’s client base includes several ENR Top 400 Construction firms. Dr. Deatherage was responsible for the Construction Program in the Department of Civil and Environmental Engineering at The University of Tennessee. In addition to his teaching, Dr. Deatherage was an Associate Director in the Transportation Research Center and an Associate Director for the Construction Industry Research and Policy Center.

OR

Video Conference Depositions: What Experts Need to Know
Lisa O’Donnell Esq

Attorney O’Donnell will discuss the increasing use of remote video discovery and depositions. She will explain how video conference deposition done remotely presents new and unique challenges for both the expert and counsel, including: preparation, dealing with the technology, speaking over each other, “cleaning up” drafts, introducing documents, use of exhibits, strategy, and absence of counsel. Attorney O’Donnell will offer practical suggestions for experts so they can properly prepare for and excel at video conference deposition. She will also discuss the similarities and the distinctions between video conferencing of discovery depositions and video-taped trial testimony. QUESTIONS AND ANSWERS. Learning Objective: Discuss ways to provide effective video depositions.

Lisa O’Donnell Esq. is a trial lawyer in the Virginia personal injury law firm of Bertini O’Donnell, and Hammer. She is listed in the Best Lawyers in America, and received her BA from James Madison University, and her JD from George Mason University. Attorney O’Donnell is a frequent lecturer around the state and nationally. She speaks regularly to trial lawyers on various aspects of the law. In the last several years, she has become active in training other lawyers to become “trial lawyers” by teaching them courtroom skills. Attorney O’Donnell is a faculty member of the Virginia College of Trial Advocacy. Ms. O’Donnell has served as guest faculty at Marshall-Wythe School of Law, College of William & Mary, and at Regent University. Lisa is past President of the Federal Bar Association, Tidewater Chapter. Lisa was named one of the Influential Women in Virginia for 2010.

4:45–6:00 RECEPTION

Conference Program: Friday, August 24, 2012

7:00–8:00 CONTINENTAL BREAKFAST

8:00–9:00 A View From The Bench
Honorable Geraldine Hines

Judge Hines will review some of the common mistakes expert witnesses make when testifying including: failing to effectively communicate the facts and science behind the opinion; acting as an advocate and trading barbs and doing combat with opposing counsel; failing to maintain a professional demeanor; and refusing to concede minor and obvious points. She will provide valuable information about what jurors expect and appreciate and what turns jurors off. Judge Hines will offer practical suggestions for maintaining your credibility and integrity without self-destructing. QUESTIONS AND ANSWERS. Learning Objective: Identify techniques for improving expert witness performance.

Honorable Geraldine Hines is an associate justice of the Massachusetts Superior Court. She began her legal career as a staff attorney with the Massachusetts Law Reform Institute in 1971, after graduating from University of Wisconsin Law School. She later served as a public defender with the Roxbury Defenders, then entered the private practice of law in 1982. She has also served on the Judicial Nominating Council and the Steering Committee of the Lawyers Committee for Civil Rights Under Law. She has been an adjunct professor at the Northeastern University School of Law since 1980; she teaches Criminal Trial Practice.

9:00–10:00 Effective Presentation of Expert Witness Testimony
Daniel Wolfe J.D., Ph.D

Dr. Wolfe will explain and demonstrate what makes expert witness testimony particularly effective and persuasive. He will discuss why jurors find some experts and their testimony credible and convincing while discounting others. Dr. Wolfe will offer specific practical suggestions on how experts of all disciplines can improve their testimony and make it more effective. QUESTIONS AND ANSWERS. Learning Objective: Explain methods to provide effective testimony.

Daniel Wolfe J.D., Ph.D. is the national director of jury consulting for TrialGraphix based out of their Chicago office. Dr. Wolfe works on high-profile and large-exposure litigation. An expert in the fields of witness preparation and jury selection, he is also skilled in providing quantitative and qualitative analyses of venue through focus groups and mock trials. A jury consultant since 1986, he has been in the national spotlight on numerous occasions for his involvement in numerous high-profile criminal and civil cases involving celebrities and professional athletes and has authored many articles in the area of juror decision-making. Dr. Wolfe received his J.D., Ph.D. in law and psychology and M.A. in psychology from the University of Nebraska in Lincoln, Neb. He holds his B.A. in psychology and sociology from Colorado State University.

10:00–10:15 BREAK AND NETWORKING OPPORTUNITY

10:15–11:15 The Excellent Expert Report: The Complex Case
R. Craig Jerner Ph.D., PE

Dr. Jerner will discuss how to review available documents, records and materials, perform research and analysis, and draft and finalize a detailed, defensible, expert report. He will explain how to deal with vexing expert issues such as alternative causes, confounding results, demands of counsel, and amount of detail to be included in the report. Dr. Jerner will explain how an excellent report can be of value both to the expert and counsel during the litigation process. QUESTIONS AND ANSWERS. Learning Objective: Identify best practices in providing expert reports.

R. Craig Jerner Ph.D., PE is a metallurgist who specializes in accident investigation and metallurgical failure analysis, with wide experience as a metallurgical consultant and accident investigator, having conducted 1,400 accident investigations. He has testified as a metallurgical expert in over 250 depositions and more than 70 court appearances. Dr. Jerner received his BS and MS from Washington University in St. Louis and his Ph.D. in metallurgy from the University of Denver.

11:15–12:15 How Expert Witnesses Destroy Themselves
Maren R. Cave, Esq.

Attorney Cave will explain many preventable ways expert witnesses destroy themselves prior to and at depositions and trials. She will discuss areas of expertise, case selection, relationship with counsel, stretching the truth, poor work product, antagonizing the judge, arrogance, fees, availability, motions to disqualify, poor preparation, and more. Attorney Cave will offer practical suggestions for experts to follow to avoid self-destruction. QUESTIONS AND ANSWERS. Learning Objective: List ways experts can avoid destroying themselves.

Maren R. Cave Esq. is a trial lawyer at the Georgia firm of Swift, Currie, McGhee & Hiers. Atty. Cave is a civil litigator and represents and defends businesses and individuals sued across Georgia. Ms. Cave routinely handles and defends premises liability suits, dram shop actions, product liability actions, construction defect suits and general tort litigation in both state and federal court throughout Georgia. She also represents and assists insurance companies on coverage disputes. Atty. Cave has significant experience in class action and mass tort litigation in state and federal court. She has actively participated in and handled over a dozen jury trials in state and federal court, and has handled a number of cases at the appellate level.

12:15–1:30 LUNCH (PROVIDED WITH FACULTY)

1:30–2:20 Breakout Session: Choose One

Enhancing Your Credibility as an Expert Witness
Randy K. Otto Ph.D., ABPP

Dr. Otto will explain and demonstrate how expert witnesses can maintain their integrity and increase their credibility in the face of attacks based on allegations of bias. He will demonstrate how making concessions, acknowledging the limitations of one’s techniques and opinions, and being genuine-all of which are consistent with one’s legal and ethical duties-can serve to increase one’s trustworthiness and persuasiveness. QUESTIONS AND ANSWERS. Learning Objective: Identify methods to improve your credibility.

Randy K. Otto Ph.D., ABPP is an Associate Professor at the University of South Florida Department of Mental Health Law and Policy, and an Adjunct Professor at Stetson University College of Law. Dr. Otto is board certified in clinical psychology and forensic psychology by the American Board of Professional Psychology, he has served as President of the American Board of Forensic Psychology and the American Psychology-Law Society, and he chaired the committee that revised the Specialty Guidelines for Forensic Psychology. Dr. Otto is an experienced witness who has provided workshops to medical and mental health professionals, attorneys, and judges on the best use of expert testimony. In 2007 he joined Gary Melton, John Petrila, Norm Poythress, and Chris Slobogin in revising their forensic text, Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers. His work on adjudicative competence with colleagues Norm Poythress, John Monahan, Richard Bonnie, and Ken Hoge was cited by the US Supreme Court in Indiana v. Edwards. In 2008 he received the American Academy of Forensic Psychology’s Award for Distinguished Contributions to Forensic Psychology.

OR

New Federal Rules and Expert Witnesses
Donald H. Slavik, Esq.

Attorney Slavik will explain and discuss how the recent changes to Rule 26 of the FRCP impacts expert witnesses and their interactions with retaining and opposing counsel. He will discuss communication between the experts and attorneys and what is and is not “protected”, draft reports, disclosures, and other forms of discovery, including depositions and emails. Attorney Slavik will review the practical implications for experts writing reports and testifying in federal and state courts and offer suggestions for experts to deal effectively with counsel and the new rules. QUESTIONS AND ANSWERS. Learning Objective: Discuss the new Federal Rules and their impact on expert witnessing.

Donald H. Slavik Esq. has spent thirty years representing clients injured or killed by defective products. He is the past president of various bar associations of attorneys handling complex personal injury and products liability cases, including the Western Trial Lawyers Association and Attorneys Information Exchange Group. Don is admitted to practice in Colorado, Wisconsin, Texas and Washington, as well as in numerous Federal Courts in these states and others. He is a frequent lecturer to state bar and trial lawyer associations, as well as at universities, and scientific and technical societies. Don is a member of the Plaintiffs’ Personal Injury and Wrongful Liaison Counsel Committee for the Toyota Sudden Acceleration Multi- District Litigation, and sits on the board of directors of The Public Justice Foundation. He has been listed as one of the Best Lawyers in America for the past ten years, and has received a “Preeminent” rating by his peers. He is the author of numerous book chapters, peer reviewed treatises, and papers, and is a licensed Professional Engineer and an instrument rated pilot.

2:20–2:30 BREAK AND NETWORKING OPPORTUNITY

2:30–3:20 Breakout Session: Choose One

Developing Your Expert Witness Protocol
Nancy Fannon ASA, CPA, ABV, MCBA

Ms. Fannon will explain the many advantages and utility of developing and using an in-depth expert witness protocol from the beginning to the end of your engagement. She will describe numerous aspects of the expert protocol ranging from client intake, engagement agreements, retainers, billing & collections, collection of data and evidence as foundation for your opinion, maintenance of records, production of documents, pros and cons of various forms of reports, quality control, deposition preparation, and trial practice for experts. Ms. Fannon will demonstrate how your expert witness protocol should be built, carry through your engagement, and evolve based on your expert experiences. QUESTIONS AND ANSWERS. Learning Objective: Discuss ways to develop an expert witness protocol.

Nancy J. Fannon, ASA, CPA, ABV, MCBA is a nationally known author and experienced expert witness in the area of economic damages and corporate valuation. She frequently serves as an expert witness or a financial consultant in matters involving complex corporate litigation for public and private companies, and testifies or consults on matters involving economic damages, unjust enrichment/disgorgement, post-acquisition disputes, shareholder disputes, and other damages analyses. She is the owner of Fannon Valuation Group, a business valuation and litigation support services firm located in Portland, Maine. She has over 22 years of professional valuation and damage experience. The second edition of her most recent publication, The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys, was published in 2011. She is a frequent national speaker, she is on the editorial boards of three of the major valuation and economic analysis industry organizations, and is on a joint industry Standard-setting board. In 2007, she was inducted into the AICPA’s “Hall of Fame”, awarded for substantial contributions to the advancement of the business valuation profession.

OR

Succession Planning: Positioning Your Expert Witness Practice for a Reduced Workload, Takeover, or Eventual Sale
Steven Babitsky, Esq.

Steve Babitsky will explain how and why expert witnesses, from solo practitioners to ones in firms, can and should develop a succession/exit plan. He will, with the use of expert case studies, describe how to deal with timing, valuation, client retention, replicating and replacing oneself, and other issues unique to expert witnesses. Steve will offer practical advice and strategies for a successful expert witness practice transition. QUESTIONS AND ANSWERS. Learning Objective: Discuss potential succession planning techniques.

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 works with experts and firms, helping them achieve successful expert witness practice transitions. 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.

3:20–3:30 BREAK AND NETWORKING OPPORTUNITY

3:30–4:30 How to Rebut the Opposing Expert’s Opinions
Thomas Roney

Mr. Roney will explain a best practices protocol for analyzing the opposing expert’s use of the facts, assumptions, methodology, and report. He will discuss how the expert can help prepare retaining counsel for deposing and cross-examining the opposing expert to flesh out problem areas. Mr. Roney will offer practical suggestions for the best and most objective ways for pointing out the deficiencies in the opposing expert’s assumptions, methodology, and conclusions. QUESTIONS AND ANSWERS. Learning Objective: Identify methods to rebut opposing expert’s opinions. Thomas Roney is an economist and provides economic consulting services and expert testimony in personal injury, wrongful death,
commercial litigation, and employment matters. Mr. Roney has worked as a forensic economist for more than 25 years and has worked on engagements in more than two dozen states. Mr. Roney is located in Dallas, Texas and is a vice president of the National Association of Forensic Economics and president of the Collegium of Pecuniary Damages Experts.

OR

Coping with Cross-Examination: With Video
Elizabeth Boals, Esq.

Attorney Boals will discuss the various goals of opposing counsel conducting a cross-examination of an expert witness. She will demonstrate, with video examples, the common traps and tricks of counsel, and will explain how experts can effectively cope with even the most intense cross-examination. QUESTIONS AND ANSWERS. Learning Objective: Discuss ways to deal with intense cross-examination.

Elizabeth Boals Esq. became the Associate Director of the Trial Advocacy Program at the Washington College of Law at American University (WCL) in 2005 and is the co-author of Expert Testimony: A Guide for Expert Witnesses and Lawyers Who Examine Them. Her areas of specialization include: Criminal and Civil Trial Advocacy, Criminal Law and Procedure, and Evidence. Before joining the faculty at WCL, Professor Boals defended the US Department of Commerce on alleged violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Rehabilitation Act. She was a partner at Lay, Ippolito & Dillard, PLLC, and, prior to that, an attorney at Zwerdling, Paul, Leibig, Kahn, Thompson, & Wolly, PC. She began her legal career as an assistant public defender in the Office of the Public Defender in Alexandria, Virginia. Professor Boals is a National Institute of Trial Advocacy (NITA) Intensive Trial Skills Program faculty member and has lectured at Maryland and Virginia Coalitions of Police Conferences; Virginia Boot Camp for New Lawyers; and Virginia Inmate Outreach Program. She has published three NITA case files focusing on trial issues and witness examinations in gang murder and DUI contexts.

Price: $1,195.00