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Expert witnesses from all fields and with all levels of experience will benefit from the multi-disciplinary advanced learning techniques offered at the 2004 Expert Witness Summit. Renowned trial judges and nationally recognized attorneys and experts will discuss how experts can improve all aspects of their practice and testimony and succeed as expert witnesses. This advanced two-day program will include lectures, trial demonstrations, and lively and provocative question and answer periods. Attendees are encouraged to participate in the roundtable discussions. Seminar registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and congenial atmosphere. Each presenter will conclude with a question and answer session.

Learning Objectives

At the completion of this seminar you will be able to:

• Avoid common mistakes 
• Improve your presentation skills
• Maintain your integrity and credibility
• Maximize your powers of persuasion
• Prepare for the onslaught of cross-examination
• Craft a well-documented expert report
• Excel at your deposition
• Enhance receptivity to your testimony
• Impress jurors with data and key words
• Properly define your role at deposition and trial
• Position yourself to be frequently retained
• Avoid fee, billing, and name pirating abuse

For FEWA Members who register before February 28, the tuition is $645.  For Members registering after March 1st, tuition is $695.   For Non-Members who register before February 28, the tuition is $745.  For Non-Members registering after March 1st, tuition is $795. The tuition includes continental breakfast, breaks, seminar manual, and a unique and practical hands-on learning experience. We expect this seminar to sell out early.

Seminar Venue:
The Sutton Place Hotel
4500 MacArthur Blvd., 
Newport Beach, CA 92660

How to register:

Register directly with the FEWA.

Phone (949) 640-9903
Fax (949) 640-9911

Or print this page and mail it to 

FEWA Executive Director
2402 Vista Nobleza
Newport Beach, CA  92660

Friday, March 26, 2004

A FEDERAL JUDGE’S VIEW: HOW EXPERTS CAN AVOID COMMON MISTAKES AND IMPROVE THE PRESENTATION OF THEIR TESTIMONY

BY THE HONORABLE DAVID O. CARTER 
Judge Carter will identify and discuss the common mistakes experts make when presenting their testimony. Judge Carter will discuss the type of testimony that does and does not impress a judge and jury and the type of testimony that "turns off a judge and jury." Judge Carter will offer practical advice and suggestions on how experts can significantly improve the presentation of their testimony. QUESTIONS AND ANSWERS

BY MICHAEL G. KAPLAN, CPA, CVA, CFFA, and CHARLOTTE J. ADAMS, ESQ
Mr. Kaplan and Attorney Adams will discuss how experts can most effectively deal with retaining and opposing counsel with an emphasis on problem situations. They will describe how to select the "best cases" and attorneys to work with and which cases experts best reject. Mr. Kaplan and Attorney Adams will explain how to fend off attempts to modify the expert’s report or opinion. They will offer practical suggestions for maintaining one’s integrity and credibility in the face of economic and other pressures from counsel. QUESTIONS AND ANSWERS

BREAK AND NETWORKING OPPORTUNITY

BY GARY C. FREEMAN, MD, JD
Dr. Freeman will discuss and demonstrate proven, advanced methods and techniques to more effectively communicate in the courtroom. He will explain the use of demonstrative evidence, verbal and non-verbal techniques, personality, and preparing and working with retaining counsel. He will offer practical advice to help dramatically improve the expert’s persuasiveness while testifying. QUESTIONS AND ANSWERS

ROUNDTABLE DISCUSSION

LUNCH WITH FACULTY (PROVIDED)

HOW LAWYERS CROSS-EXAMINE, IMPEACH AND DESTROY EXPERT WITNESSES

BY ERIC V. TRAUT, ESQ
Attorney Traut will explain and demonstrate numerous techniques attorneys use to destroy the effectiveness and credibility of expert witnesses. Attorney Traut will discuss inconsistent statements, motivation, truthfulness, learned treatises, and other techniques that experts need to understand and be prepared for. He will offer practical suggestions on how experts can defend themselves against each of these techniques and, in some instances, turn the tables on opposing counsel. QUESTIONS AND ANSWERS

BY MICHAEL J. GROBATY, ESQ
Attorney Grobaty will explain the goals of opposing counsel at discovery, preservation of evidence and videotape depositions. He will discuss preparation, dealing with subpoenas, properly stating and defending expert opinion, trick questions, deposition techniques, and avoiding abuse. Attorney Grobaty will offer specific, practical advice on how experts can enhance their performance during depositions. QUESTIONS AND ANSWERS

BREAK AND NETWORKING OPPORTUNITY

BY GARY C. FREEMAN, MD, JD
Dr. Freeman will review and explain the techniques he has developed for preparing and writing expert reports. He will discuss formatting, stating opinions and conclusions in a defensible manner, avoiding dangerous language, and using the expert report as an offensive weapon. He will demonstrate the techniques for crafting a well-documented, bulletproof expert report. QUESTIONS AND ANSWERS

ROUNDTABLE DISCUSSION

WINE AND CHEESE RECEPTION

BY THE HONORABLE PETER POLOS
Judge Polos will discuss how experts can improve their presentation, effectiveness, and credibility when testifying. Judge Polos will offer practical advice on how to be a more convincing, effective expert witness. He will explain how the demeanor and language used by the expert can create trust with the jurors and the court. Judge Polos will offer practical suggestions on the proper use of visual aids and demonstrations by expert witnesses. QUESTIONS AND ANSWERS

BY MICHAEL SHAHNASARIAN, PHD
Dr. Shahnasarian will review techniques to help preserve the perception of the expert as an objective witness during even the most intense cross-examinations. Dr. Shahnasarian will provide numerous examples of how experts can enhance receptivity to their expert testimony at trial by controlling their composure. Dr. Shahnasarian will offer practical advice for how to keep expert testimony in perspective when confronted by badgering, argumentative deposition questioning and withering cross-examination at trial. QUESTIONS AND ANSWERS

BY DAVID A. WENNER, ESQ 
Attorney Wenner will discuss how juries make decisions and how experts can take advantage of these natural decision-making strategies to become more effective witnesses. He will explain the techniques that experts can use to deal with jurors’ pre-loaded perceptions and long-held beliefs. Attorney Wenner will offer practical suggestions on how experts can impress jurors with data and power word choices. QUESTIONS AND ANSWERS

BY JOHN A. MONTEVIDEO, ESQ
Attorney Montevideo will review what the role of the expert should be in the litigation and trial process. Attorney Montevideo will explain how experts who maintain and do not extend their role will have the best success and long-term viability as an expert. He will explain the importance of staying in one’s "sandbox," not attempting to "win" the case, and avoiding being viewed as an advocate by the jury or fact finder. QUESTIONS AND ANSWERS 

BY CHRISTOPHER J. DAY, ESQ
Attorney Day will explain the decision-making process lawyers use in deciding which experts to retain. He will discuss the positives and negatives of print and on-line expert directories, writing, lecturing, and other marketing used by experts. Attorney Day will explain the power of exceeding expectations and word of mouth lawyer-to-lawyer referrals and recommendations. He will offer practical suggestions on how experts can best position themselves to be retained without doing harm to their integrity and credibility. QUESTIONS AND ANSWERS

BY MICHAEL SHAHNASARIAN, PHD
Dr. Shahnasarian will discuss techniques to help enforce the expert’s billing policies. He will review methods to minimize pirating, i.e., being disclosed as a witness absent a formal retention, and other practice management problems. Dr. Shahnasarian will explain how to better protect demands on the expert’s time imposed by the litigation process. Dr. Shahnasarian will offer practical suggestions for how to avoid abuses such as inordinately long depositions and fee collection problems. QUESTIONS AND ANSWERS 

Charlotte J. Adams, ESQUIRE, is in private practice specializing in general civil litigation, rights of consumers, and personal injury in Santa Ana, California. She received her BA from UCLA and her JD from Loyola University School of Law. Attorney Adams is a member of the Orange County Bar Association and was former in-house counsel at several major insurance companies.

Honorable David O. Carter is a Judge for the United States District Court for the Central District of California. He received his BA from UCLA, and his JD from the University of California School of Law. Judge Carter was awarded the Bronze Star and Purple Heart for his courage and heroism in Vietnam, serving in the United States Marine Corps. Judge Carter was awarded the Distinguished Professor’s Award from UC Irvine. Judge Carter has a reputation as an innovator and problem solver.

Christopher J. Day, ESQUIRE, is the principal of the Tustin firm of Day, Day & Brown, practicing in the field of medical, dental, and legal malpractice and serious personal injury. He is a member of the American Board of Trial Advocates (ABOTA), is Past President of the Orange County Chapter of ABOTA, and is board-certified as a Civil Trial Advocate by the National Board of Trial Advocacy. Attorney Day is a former Vice-Chair of the Bar’s Client Relations Committee which reviews ethical complaints against lawyers and takes appropriate action. He is both an Arbitrator and Judge Pro-Tem for the Orange County Superior Court, serves as Special Deputy Trial Counsel and Special Master for the California State Bar, and lectures for Continuing Education of the Bar on medical negligence. He has served as an adjunct professor of Torts and Remedies at Western State University College of Law. Attorney Day has tried numerous cases to verdict in Superior Courts in California and has obtained a number of seven-figure verdicts and settlements on behalf of his firm’s clients.

Gary C. Freeman, MD, JD, FAADEP, has maintained an active orthopaedic practice in Houston, Texas, for 33 years. He is a board-certified Orthopaedic Surgeon, with subspecialty training in hand surgery. He is the former Chief of Orthopaedics at Memorial Southeast Hospital and the former team doctor for the Houston Oilers, the Houston Texans (WFL), and Texas Southern University. He is a highly experienced expert witness. Dr. Freeman received his BA from Baylor University, his JD from South Texas College of Law, and an MLA from Houston Baptist University. Dr. Freeman performs independent medical evaluations, peer reviews, case auditing, and expert witness testimony for plaintiff and defense firms. Michael J. Grobaty, ESQUIRE, is a partner in the Newport Beach, California, law firm of Johnson & Grobaty. Attorney Grobaty received his BA from Loyola Marymount University and his JD from the Loyola of Los Angeles Law School. Attorney Grobaty has extensive trial experience in the areas of legal malpractice, employment discrimination, and personal injury.

Michael G. Kaplan, CPA, CVA, CFFA, has had more than 26 years’ experience in the areas of forensic accounting, business valuation, and litigation consulting. He is a co-founder of Voir Dire Partners, LLC, an association of independent forensic valuation consultants, and Kaplan, Abraham, Burkert & Company, Litigation and Valuation Consultants in Woodland Hills, California. He has rendered services in more than 1500 litigation matters, including business litigation, malpractice, plaintiff and defense matters, fraud and embezzlement, trademark and technology, marital dissolution, loss of earnings, wrongful termination, and partner and shareholder disputes. He has qualified as an expert witness in more than 200 matters and has served as a court-appointed expert and accounting referee.

John A. Montevideo, ESQUIRE, is a partner in the Santa Ana law firm of DiMarco, Araujo & Montevideo, specializing in personal injury trial practice primarily dealing in the areas of general negligence, premises liability, automobile accidents, products liability, and construction law. Attorney Montevideo is a member of Consumer Attorneys of California (CAOC). He is a former board member and Past President of Orange County Trial Lawyers Association (OCTLA), a frequent lecturer for the OCTLA and Orange County Bar Association (OCBA), a guest lecturer for Cal State –Fullerton, Cal State–Long Beach, and Western State University, and a faculty member for the OCBA College of Trial Advocacy.

Honorable Peter Polos is a Superior Court Justice at the West Court branch of the Orange County Superior Court. Judge Polos earned his undergraduate degree in economics at UCLA in 1987. He then graduated with his JD from Loyola Law School in 1990. Prior to being appointed to the bench in December of 2001, he practiced plaintiff’s civil law with David M. Harney in Los Angeles from 1990 to 1996 and was a partner in Lopez, Hodes, Restaino, Milman, Skikos & Polos in Newport Beach from 1996 to December 2001. Judge Polos has extensive experience with complex litigation, including medical malpractice cases and mass tort cases. During the recent Fen/Phen Diet Pill Litigation, Judge Polos was an active member of the California Plaintiff’s Executive Committee and also served on the Steering Committee for the coordinated Ford/Firestone litigation. He was also co-lead counsel in the Sulzer Hip litigation. Judge Polos was selected as the 2003 winner of the W. Patrick McCray award from the Orange County Bar Association.

Michael Shahnasarian, PHD, is the Founder and President of Career Consultants of America, Inc., in Tampa, Florida. Dr. Shahnasarian received his BA in psychology at Indiana University, his MS in psychology from Texas A&M University, and a PhD in counseling psychology at Florida State University. Dr. Shahnasarian has published three books and more than 40 articles. He is a highly experienced expert witness who has consulted and testified as an expert on vocational rehabilitation and life care plan issues throughout the United States and abroad.

Eric V. Traut, ESQUIRE, is a partner in The Traut Firm in Santa Ana, California, with his brother James. Their firm handles cases in all areas of personal injury litigation, including products liability, automobile accidents, legal and other professional liability, insurance bad faith, and assault and battery. Attorney Traut was one of the youngest attorneys ever admitted to ABOTA in 1998 at age 33. He is one of less than twenty civil attorneys in Orange County to be certified by the National Board of Trial Advocacy as a Civil Trial Advocate. Over the last thirteen years, he has tried over 55 jury trials in various counties throughout the state. He has successfully tried numerous cases involving low-speed collisions. He also has seven-figure verdicts, resulting in his admission to the Million Dollar Advocates Forum in 1995. Attorney Traut is a frequent speaker at trial advocacy seminars, including being a participant in the 2003 ABOTA "Masters in Trial" program. He also continues to serve as co-chair and workshop judge for the Orange County Bar Association’s semi-annual program entitled "College of Trial Advocacy."

David A.Wenner, ESQUIRE, is a law partner in the Phoenix, Arizona, law firm of Snyder and Wenner and a trial and jury consultant. He received his BA from Wayne State University, his MSW from the University of Washington, and his JD from Arizona State University. Attorney Wenner limits his practice to litigating catastrophic injury and death cases and was named to the Best Lawyers in America, 2000-2001. Attorney Wenner has written and lectured extensively on jurors and litigation. Attorney Wenner is the co-developer of ATLA’s "Overcoming Jury Bias" program and the descriptive and narrative "Juror Bias Model."