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Advanced Expert Witness Skills Workshop, August 22, 2012

Falmouth, MA

Sea Crest Beach Hotel, Falmouth, Cape Cod, Massachusetts

Executive Summary: This course will utilize interactive role playing to teach advanced expert witness testifying skills and techniques. This workshop is for expert witnesses who want to raise their trial performance to the next level. Expert witnesses who can excel in front of a jury are extremely valuable to retaining counsel. SEAK is pleased to now offer a unique new opportunity for expert witnesses. The highly experienced faculty will teach sophisticated techniques for excelling during direct and cross examination. Numerous demonstrations will be conducted. Attendees will be encouraged to submit their C.V. and one expert report which can be used during demonstrations.

Distinguished Faculty: 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 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.

Registration Information: The $595 tuition includes continental breakfast, lunch with the faculty, and a workshop manual not available elsewhere.

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.

Continuing Education 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 7 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 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. 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: 6.5 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 6.5 CEUs. Course number 1193. 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 6.5 AMA PRA Category 1 Credit(s)™. Physicians should claim only the 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 intermediate group-live program. No advanced preparation is required.

SCHEDULE

8:00–8:30 Registration and Continental Breakfast

8:30–10:00 Direct Examination Techniques
Faculty will explain and demonstrate with the aid of the attendees 20 crucial techniques that experts need to master to excel during their direct examination including:

• Speaking at a healthy, confident pace
• Stating objective and persuasive reasons why you disagree with the other expert
• Using appropriate analogies to explain complex concepts
• Using easy-to-understand language
• Using language that clearly indicates that you were hands-on
• Using numbered lists
• Using powerful language
• Using precise language
• Using short preview and review summaries
• Using visual aids• Using your qualifications as an opportunity to teach
• Appearing confident and enthusiastic and using confident language
• Citing detailed facts
• Citing references
• Connecting the dots as to why your qualifications are relevant to this case
• Dealing with problem areas and weaknesses during direct examination
• Emphasizing key points
• Getting to the point: Giving your conclusions first (headline) then filling in reasons
• Name dropping
• Show you have things in common with the jury
Questions and Answers. Learning Objective: List techniques to be more effective during direct examination.

10:00–10:15 Break and Networking Opportunity

10:15–12:00 Direct Examination Demonstrations
Faculty will call on a series of volunteer attendees who have pre-submitted their CVs and reports to participate in a brief direct examination demonstration. Attendees will be encouraged to use one or more of the 20 direct exam techniques previously taught. Faculty and attendees will give their frank feedback on how the expert excelled and how he/she can improve his/her testifying skills. Questions and Answers. Learning Objective: Describe methods for providing more effective direct testimony.

12:00–1:00 Provided Lunch With Faculty

1:00–2:15 Cross-Examination Techniques
Faculty will explain and demonstrate with the aid of the attendees the 40 crucial techniques that expert witnesses should master to excel during their cross-examination including:

• Dealing with Questions You Do Not Understand
• Dealing with Sarcasm Effectively
• Dealing with Tests You Did Not Perform
• Dealing with the Issue of Testifying for Plaintiffs/Defendants
• Dealing with Your Preparation Session(s) with Retaining Counsel
• Disclaimers in Report
• Disputing the Premise of the Question
• Explaining First, Then Answering
• Explaining How You Verified What Counsel Sent/Told You
• Explaining Your Fee Schedule and Income
• Giving a Detailed Reply to An Inadvertent Open-Ended Question
• How to Ask Opposing Counsel Questions Effectively
• Making Concessions
• Pointing Out Hypocrisy
• Pointing Out That You Haven’t Been Allowed to Explain
• Repeating Damaging Testimony
• Springing Personal Information That Will Make the Jury Sympathetic to You
• Using Analogies during Cross-Examination
• What to Do When Trapped on Cross-Examination
• “Isn’t It Possible?”
• “Now, That’s a Good Question.”
• A Matter of Honor
• Admitting Mistakes Gracefully
• Allegations of Cherry-Picking
• Answering Hypothetical Questions or Questions with New Assumptions
• Answering Questions about Missing Credentials or Certifications
• Answering Questions from the Judge
• Answering Yes or No Questions
• Attacks on One or More of Your Assumptions
• Authoritative Texts/Learned Treatises
• Avoiding Getting Pushed Outside Your Area of Expertise
• Being Accused of Being a Professional Witness
• Breaking Counsel’s Momentum
• Commenting on the Opposing Expert’s Reputation
• Dealing with a Reasonable Degree of Certainty
• Dealing with Demonstrations
• Dealing with Documents You Have Never Seen Before
• Dealing with Interruptions by Counsel
• Dealing with Marketing Questions
• Dealing with Mischaracterizations by Opposing Counsel during Cross-Examination
Questions and Answers. Learning Objective: List techniques to be more effective during cross examination.

2:15–2:30 Break and Networking Opportunity

2:30–4:15 Cross Examination Demonstrations
Faculty will call upon a series of volunteer attendees who have pre-submitted their CVs and a report to participate in a brief demonstration. Attendees will be encouraged to utilize the techniques learned. Faculty and attendees will give their frank feedback on how the expert excelled and can improve his/her skills. Questions and Answers. Learning Objective: Describe
methods for being more effective during cross examination.

4:15–4:30 Takeaways, Conclusions, and Evaluation
Faculty will take any final questions and solicit from attendees a series of takeaways on how all the attendees can improve their testifying skills and become more effective. Questions and Answers. Learning Objective: List the most important concepts, techniques and action steps learned in the program.

Price: $595.00