Learning Objectives: At the conclusion of this workshop, physicians should be able to: • Discuss the strategies and goals of opposing counsel at deposition and during cross-examination
• Describe how to properly prepare for deposition and trial
• Discuss strategies that can be followed when giving an expert deposition and when testifying at trial
• Explain techniques for excelling at videotaped depositions
• Explain opposing counsel’s deposition and cross examination tactics and how to defeat each tactic
• Describe techniques physicians can use when testifying at deposition and trial
• Discuss methods for responding to trick and difficult questions at deposition and trial
• List teaching methods that can be used to improve the persuasiveness of your expert testimony
• List techniques for developing powerful, memorable language and analogies
• Describe how to best insulate yourself from attacks by opposing counsel
• Discuss techniques to make a positive impression on the jury
Registration Information: The $1295 tuition includes continental breakfast and lunch with faculty each day and a detailed conference manual. All persons registering prior to March 31, 2012 will receive a complimentary copy of the best-selling 52-minute DVD The Expert Medical Deposition: How To Be An Effective and Ethical Witness (a $104 value).
Continuing Education Information: 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 14 AMA PRA Category 1 Credit(s)TM. Physicians should claim only the credit commensurate with the extent of their participation in the activity.
Distinguished Faculty: Kenneth I. Kolpan, Esq. has handled several hundred brain injury cases, including many involving hard to detect injuries to the brain. Attorney Kolpan has recently been selected for inclusion in New England Super Lawyers magazine featuring the top 5% of attorneys in New England. Attorney Kolpan has also been designated a Massachusetts Super Lawyer for 2005, 2006, 2007, 2008, 2009 and 2010. Mr. Kolpan has recently been elected President of the Brain Injury Association of Massachusetts. Attorney Kolpan formerly worked as an attorney at two hospitals, was an Assistant Professor in Rehabilitation Medicine at the Tufts University School of Medicine and has been Co-Chairperson of the North American Brain Injury Trial Lawyers Conference for the last 24 years. He was also on the Editorial Board of the Journal of Trauma Rehabilitation where he served as Medical Legal Editor for 12 years. For the last 15 consecutive years, Attorney Kolpan has received an AV rating from his peers, the highest rating available, according to the legal publication Martindale Hubbell.
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 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, and How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies.
Day One (Thursday, June 28, 2012)
SECTION 1: DEPOSITION SKILLS
7:30-8:00 CONTINENTAL BREAKFAST & REGISTRATION
8:00–8:30 Deposition Law and Procedure You will learn what counsel can and can not ask, the extent of privilege protections, what objections may and may
not be made, how to recognize and deal with abusive attorney behavior and whether you should read and sign the
deposition transcript. Questions & Answers.
8:30–9:00 Understanding the Strategies and Goals of Opposing Counsel You will learn the general and specific goals of deposing counsel and how counsel will prepare to depose you.
Questions & Answers.
9:00–9:30 Preparing for your Deposition You will learn how to prepare for your deposition, both alone and with retaining counsel. You will be provided with a
detailed list of the likely areas of inquiry in an expert medical deposition. Questions & Answers.
9:30–10:15 Deposition Strategies for Experts You will learn a 4 step methodology for answering deposition questions. In addition, you will learn numerous strategies to truthfully and artfully answer deposition questions. Questions & Answers.
10:15–10:30 BREAK AND NETWORKING OPPORTUNITY
10:30–11:00 Understanding and Defeating Counsel’s Deposition Tactics You will learn over two dozen tactics that are likely to be used against you and will be provided with strategies to
defeat each of these tactics. Questions & Answers.
11:00–11:15 Videotape Depositions: Special Techniques You will learn special techniques which are applicable when your deposition is being videotaped. Questions & Answers.
11:15–12:00 Advanced Deposition Tactics for Experts You will learn numerous techniques that will help you to excel during your expert medical deposition. Questions & Answers.
12:00–12:45 LUNCH WITH FACULTY (Provided)
12:45–1:30 Pulling it all Together: Truthfully and Artfully Answering Trick and Difficult Questions at Deposition The faculty will go around the room and ask difficult deposition questions. The attendees’ responses will be critiqued. Questions & Answers.
SECTION 2: DIRECT EXAMINATION AND PERSUASION SKILLS
1:30–2:00 Introduction and Executive Summary of Persuasion Techniques for Expert Witnesses You will learn the twelve key techniques to utilize in order to be a more effective expert witness during direct examination. Questions & Answers.
2:00–2:30 Preparation You will learn 15 techniques for how to best prepare to give persuasive expert testimony during direct examination.
Questions & Answers.
2:30–3:00 How to Best Put Forth your Qualifications You will learn 14 techniques to more persuasively explain your credentials and to put your credentials in context.
Questions & Answers.
3:00–3:15 BREAK AND NETWORKING OPPORTUNITY
3:15–3:30 Commenting on the Opposing Expert and His Opinion You will learn the special techniques to utilize when you are asked to comment on the opposing expert’s opinion.
Questions & Answers.
3:30–4:00 Developing a Harmonious Interaction with Retaining Counsel You will learn how to make your testimony easy to understand and interesting to follow. You will also learn how to
avoid making your testimony appear to be rehearsed and how to present non-traditional, “soft challenge” direct
testimony. Questions & Answers.
4:00–4:30 Creating and Using Powerful, Memorable Language and Analogies You will learn 12 techniques for using more powerful, memorable and understandable language. Questions & Answers.
4:30–5:00 Optimizing Your “Teaching” Skills You will learn numerous techniques to more effectively “teach” the jury. Questions & Answers.
Two (Friday, June 29, 2012) 6:30-7:00 CONTINENTAL BREAKFAST
7:00–7:30 Reading and Bonding with the Jury You will learn 17 techniques to read and more effectively bond with the jury. Questions and Answers
7:30–8:00 Dealing with Problem Areas and Weaknesses You will learn advanced ways to deal with problem areas during your direct examination. Questions & Answers
8:00-8:30 The Biggest Mistakes Experts Can Make that Can Turn Off Judge and Jury You will learn how to avoid the 37 biggest mistakes that can turn off the judge and jury. Questions & Answers
SECTION 3: CROSS-EXAMINATION SKILLS 8:30–9:15 Protecting Yourself from Attacks on your Credibility and Credentials You will learn 8 techniques for protecting yourself from attacks on your credibility and credentials. Questions &
Answers
9:15-9:30 BREAK AND NETWORKING OPPORTUNITY
9:30–10:15 Forming Airtight Opinions You will learn 24 methods to make your opinions resistant to effective cross-examination. Questions & Answers
10:15–10:30 How Trial Attorneys Prepare for Cross-Examination of an Expert You will learn how an attorney investigates an expert and his opinions and how an attorney maps out the questions
that he will ask during cross. Questions & Answers
10:30–10:45 BREAK AND NETWORKING OPPORTUNITY 10:45–12:00 Advanced Cross-Examination Techniques You will learn over 40 techniques to be a more effective expert witness during cross-examination. Questions &
Answers
12:00–12:45 LUNCH (PROVIDED WITH FACULTY) 12:45–1:15 Staying One Step Ahead of Counsel During Cross-Examination You will learn 34 tactics that attorneys will use during cross-examination and how to defeat each of these tactics.
Questions & Answers
1:15–1:45 Going on Offense During Cross-Examination You will learn numerous techniques for how to turn the tables on opposing counsel. Questions & Answers
1:45–2:30 How To Skillfully Answer Trick And Difficult Questions The faculty will go around the room and ask difficult cross-examination questions. The attendees’ responses will be
critiqued. Questions & Answers
HERE’S WHAT PAST ATTENDEES HAD TO SAY: “High Quality”
“Outstanding Seminar”
“Superb”
“Good pace, key information”
“The personal attention was most useful”
“Loved the videos which demonstrated the points”
“Terrific”
“Faculty is excellent!”
LOCATION/HOTEL ACCOMMODATIONS: A limited block of rooms will be available at special rates at the site hotel, the
Sea Crest Beach Hotel (Single/Double $169). To make your reservations please call 1-800-225-3110 and mention that you are with SEAK, Inc. Rooms are limited and this rate expires on May 27, 2012 so you are strongly encouraged to make your reservations as soon as possible. To register for the hotel online please click
here.
SPECIAL EARLY REGISTRATION BONUS: All persons registering prior to March 31, 2012 will receive a complimentary copy of the best-selling 52-minute DVD The Expert Medical Deposition: How To Be An Effective and Ethical Witness (a $104 value).
CANCELLATIONS: Conference cancellations received in writing prior to June 7, 2012 will receive a full refund.