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Preconference
Advanced Cross-Examination  Workshop

Schedule

Sheraton Hyannis Resort 
Hyannis, Massachusetts

Faculty

June 25, 2003

Registration Info

 

SEAK's Expert Witness Directory

 

 

Executive Summary

This is an advanced course. It is designed for those experts who have already had training in the subject of testifying skills and those experts who already have had significant trial experience. The purpose of Advanced Cross-Examination Workshop is to help attendees become the rarest and most valuable of all experts, namely an expert who opposing counsel is worried about cross-examining. Advanced Cross-Examination Workshop is a hands-on, interactive program which features didactic presentations, numerous memorable cross-examination demonstrations using volunteer attendees and detailed critiques of these demonstrations. Specific advice will be provided on how to achieve superior performance during cross examination. Attendees will have the opportunity to have all their cross-examination questions answered.


Learning Objectives

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

  • Prepare to perform in a superior fashion during cross-examination
  • Artfully answer even the most difficult cross-examination questions
  • Defeat counsel's cross-examination tactics
  • Turn the tables on opposing counsel
  • Become a more dangerous and far more valuable expert witness

Faculty

Steven Babitsky, JD, is the President of SEAK, Inc. Mr. Babitsky trains hundreds of experts every year. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Mr. Babitsky is the co-author of the texts Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, How to Excel During Cross-Examination: Techniques for Experts That Work, The Comprehensive Forensic Services Manual: The Essential Resources for All Experts, and How to Excel During Depositions: Techniques for Experts That Work. Attorney Babitsky is the co-developer and trainer for the "How to Be an Effective Medical Witness" seminar, the seminar leader for the Annual National Expert Witness and Litigation Seminar, and the scriptwriter for the videos "How to Be an Effective Witness" and "The Expert Deposition: How to Be an Effective and Ethical Witness."

James B. Lees, Jr., owns and operates Hunt & Lees, LC, located in Charleston, West Virginia, specializing in trial litigation with an emphasis on consumer issues. A former Deputy District Attorney in Pittsburgh, Pennsylvania, Mr. Lees has tried over 200 cases to jury verdict during his career. As an attorney, Jim Lees has served West Virginia several times as Special Prosecutor, and his litigation on behalf of West Virginia citizens to bring fairness to taxation policies have earned Jim Lees the praise of many West Virginia citizens. He is a frequent lecturer and teacher of trial tactics throughout the United States, including teaching at the National College of Advocacy's Ultimate Trial College at Harvard Law School and Duke Law School. Mr. Lees is a member of ATLA's Board of Trustees of the National College of Advocacy, and has appeared on ABC's Good Morning America and Tom Snyder's America Overnight.

Registration Information
The $295 tuition includes continental breakfast, lunch with faculty, a seminar manual not available elsewhere, and a dynamic learning experience.

Wednesday, June 25, 2003

8:00-8:30 Registration & Continental Breakfast
8:30-9:00 Introduction

Students will witness an initial demonstration of cross-examination of an attendee. The performance of the expert attendee will be critiqued and specific recommendations for improvement will be provided. Questions and Answers
9:00-9:45 How Trial Attorneys Prepare for Cross-Examination of An Expert

Students will be provided with an insider's view as Attorneys Babitsky and Lees disclose the secrets of how they and other trial attorneys prepare to cross-examine experts. Included will be a detailed disclosure of how the attorney conducts his research and investigation of the expert, how he decides which questions to ask, which questions not to ask and how to ask each question, and how the attorney's cross-examination strategy and tactics are settled upon. Questions and Answers

9:45-10:45 Juror Reaction To Cross-Examination of Experts

Attorneys Babitsky and Lees will explain how jurors react to cross examination of experts. Specific recommendation on how to best impress a jury during cross examination will be provided. A mock cross-examination demonstration of an attendee will be conducted and this will be critiqued with emphasis on the issue of how the cross-examination would have likely played before a jury. Specific recommendations on how the expert could have performed better in front of the jury will be provided Questions and Answers

10:45-11:00

Break (Networking Opportunity)

11:00-12:00 Preparing For Your Cross-Examination

Superior performance during cross examination is usually far less a result of inspiration and far more a result of thorough preparation. Attorneys Babitsky and Lees will provide detailed, specific advice, strategies and techniques regarding how to best prepare for cross-examination and will review the likely areas of inquiry that experts will face during cross-examination. A mock cross-examination demonstration of an attendee will be conducted and this demonstration will be critiqued with emphasis on the issue of how specific preparation steps would have likely improved the expert's performance. Questions and Answers

1:15-2:15

Cross Examination: Your C.V.

Attendees will learn how counsel will attempt to challenge their qualifications during cross-examinations. Artful responses that meet these challenges will be suggested. Volunteer attendees will be cross-examined on their pre-submitted CVs. Cross Examination Demonstrations.

12:00-1:15pm

Lunch (Provided with Faculty)

1:15 pm - 2:30 pm Advanced Cross-Examination Techniques

 Attorneys Babitsky and Lees will explain specific techniques experts can utilize in order to raise their performance during cross-examination to the highest level. Mock cross-examination demonstrations of attendees will be utilized and these will be critiqued with emphasis on what techniques were effectively used by the expert and what techniques could and should have been used to make the expert much more effective. Questions and Answers

2:30pm-2:45pm

Break (Networking Opportunity)

2:45pm-4:00pm

Defeating Counsel's Cross Examination Tactics

Through didactic presentations and mock trial demonstrations students will learn from Attorneys Babitsky and Lees the most challenging tactics counsel uses to assault an expert during cross examination and, more importantly, specific advice on how to defend against each and every one of these tactics. Questions and Answers

4:00pm-4:45pm Tough Questions and Tougher Answers

 Experts attending will be inundated with a memorable, rapid fire fusillade of dozens of difficult and insidious trick questions from Attorneys Babitsky and Lees. Each expert's response to these questions will be analyzed and critiqued with specific suggestions given on the most artful way to answer the question and, for many, how to turn counsel's own trick question against him. Questions and Answers

4:45pm-5:00pm Conclusion

A review of the advanced cross-examination techniques learned in the course will be conducted. The faculty and attendees will then present and list the specific action steps incorporating these techniques that experts will be taking away in order to raise their cross-examination skills to the next level. Questions and Answers

 

SEAK in Hyannis -- June 2003

Registration 
Info

Testifying Skills Workshop Advanced Cross-Examination Workshop

Expert Report Writing
Workshop

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