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Complete Schedule
SEAK's Twelfth Annual 

Expert Witness and Litigation Seminar
The Seminar for Experts, Trial Attorneys, and Those Who Employ Them
Sheraton Hyannis Resort, Hyannis, Massachusetts
June 26 and 27, 2003

overview

registration information
Seminar Leaders: 
Steven Babitsky, Esq. & James J. Mangraviti, Jr., Esq.

SEAK, Inc. is pleased to present its Twelfth Annual National Expert Witness and Litigation Seminar. Expert witnesses from all fields and trial attorneys 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. Seminar participants will be presented with practical suggestions for succeeding as expert witnesses and litigators. This advanced two-day program will include lectures, trial demonstrations, lively question and answer periods, intensive breakout sessions led by a highly qualified faculty, and roundtable discussions where participation by seminar attendees is encouraged.

Seminar registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and congenial atmosphere.

What's New?

Three additional hours of content have been added this year. We are also pleased to provide continental breakfast each day, an hors d'oeuvre reception on June 26 and a seminar luncheon on June 27. In response to this program's significant growth, the 2003 program will be held in a much larger meeting room. Our faculty this year includes three judges. We are pleased to offer three preconferences this year including two all new preconferences. This expanded program will permit participants to to obtain even more information than in past years.

Here is what past attendees have to say about the program:

"Excellent! Excellent! Excellent!"

"The presenters were excellent."

"This is my fourth year of attendance. I keep coming as long as I go away with new gems of knowledge or technique."

"Informative, attention holding, practical! Exceeded my expectations in terms of what I would be able to take back with me!"

"User friendly."

"Very professionally done."

"By far the best value of all training I've attended."

"Good job ­ well done, excellent conference."

"All speakers were outstanding and should be invited back."

"Thanks for the great opportunity to enhance my skills."

"Right on point."

"All speakers were good."

"All speakers were superb. I would not hesitate to recommend the seminar to others and already have!"

"Excellent presentations, information, handouts, and interaction."

"High quality ­ exceeded expectations."

"All speakers and presentations were very good."

"Impressed with the intellectual atmosphere, the thought-provoking questions of the attendees and the insight brought by judges, law and trial consultants."

"Excellent, clear speakers, very good breakout sessions."

"Very professional, well organized."

"Your program was a pot of gold."

Schedule

Thursday, June 26th, 2003

Friday, June 27, 2003
Thursday, June 26th, 2003
7:30-8:30 Registration & Continental Breakfast (Subject to space availability)
8:30-9:30 A View From The Bench
By The Honorable Joseph J. Maltese

Judge Maltese will discuss how the demeanor, language, and content of the expert witness impacts the jury and the judge. He will discuss the admissibility, scope, and reliability of expert witness testimony. Judge Maltese will offer practical suggestions for experts on how they can improve their testimony and effectiveness while maintaining their ethics, integrity, and credibility.
The Honorable Joseph J. Maltese is a Justice of the New York Supreme Court. Judge Maltese received his BA from City University of New York, his JD from New York Law School, an MA from New York University, and a Master of Judicial Studies from the University of Nevada at Reno. Judge Maltese is an instructor of law at the National Judicial College and an adjunct professor of law at Touro College. Judge Maltese has written and lectured extensively on all aspects of expert witnessing. He is the Staff Judge Advocate of the New York Guard and was a former military judge in the US Army Trial Judiciary.
9:30-10:30 The Teaching Expert: Advanced Methodology and Techniques
By Darrell D. Dorrell, CPA

Mr. Dorrell will review adult learning methods for triers of fact. He will explain the Kolb Experiential Learning Model and its application to testimony. He will provide personal examples of how to best teach, and thus persuade judges and juries regarding your opinion. Mr. Dorrell will offer practical advice on how to immediately implement enhancements to your existing practice.

Darrell D. Dorrell, CPA, is a principal in Financial Forensics® in Lake Oswego, Oregon. Mr. Dorrell holds a BS in Accounting and an MBA in Finance. He is licensed to practice as a CPA, and holds other credentials including ASA (Accredited Senior Appraiser), CVA (Certified Valuation Analyst), CMA (Certified Management Accountant), CMC (Certified Management Consultant) and his DABFA from the American Board of Forensic Accountants. Mr. Dorrell has written and lectured extensively on expert witness and forensic accounting/investigation issues. Mr. Dorrell's litigation experience includes expert witness and consulting before many Federal, state and local courts in a wide variety of complex matters.

10:30-11:30 Advanced Cross-Examination Techniques: What Experts Can Expect and How They Can Prepare For It
By Terence F. MacCarthy, Esquire

Attorney MacCarthy will discuss the latest techniques taught to trial lawyers on how to cross-examine expert witnesses. These include the "look good cross-examination," and the "one word cross-examination" among others. He will explain the goals of cross-examining counsel and the techniques counsel uses to achieve these goals. Attorney MacCarthy will utilize examples of successful cross-examinations as a learning tool.

Terence F. MacCarthy is Executive Director of the Federal Defender Program in the United States District Court for the Northern District of Illinois. He received a BA in Philosophy from St. Joseph's College in 1955, and a JD from DePaul Law School in 1960. He was a law clerk to former Chief Judge William J. Campbell of the United States District Court for the Northern District of Illinois. He also served for several years as an Illinois Special Assistant Attorney General, specializing in civil trials and appeals. Attorney MacCarthy has been active principally in the field of trial practice, in both criminal and civil matters. Attorney MacCarthy is one of the nation's most sought-after speakers at continuing legal education programs, having lectured in all 50 states and over a dozen foreign countries. He has received numerous awards including special awards from both his undergraduate college and his law school. During the year 2000 he received the "Defender of the Century" from the Federal Defenders Association, the Inns of Court Professionalism Award from the Court of Appeals for the Seventh Circuit of the Charles English Award from the ABA Criminal Justice Section. In 2002 he received the Laureate Award of the Illinois State Bar Association.

11:30-12:00 Roundtable:  Including Seminar Attendees
12:00-1:30 Lunch (On Your Own) 
1:30-2:30 Breakout Sessions: Choose One
Marketing Your Expert Witness Practice
By Rosalie Hamilton
Ms. Hamilton will outline how to promote expert services to attorneys, using avenues from basic, proven marketing methods to contemporary approaches such as Internet marketing. She will describe the unique, conservative, and professional approach required for legal marketing. Ms. Hamilton will explain the differences in marketing strategy that experts should employ relative to their particular areas of expertise and target prospects. She will demonstrate the importance of creating an individual marketing plan, for both cost savings and effectiveness.

Rosalie Hamilton is a marketing consultant who specializes in helping expert witnesses market their services to attorneys through her company, Expert Communications, in Clearwater, Florida. She counsels experts nationwide in promoting their forensic practices by means of networking and getting referrals, and utilizing publicity techniques, direct marketing, advertising, and Internet marketing. She is the former Director of Expert Witness Marketing for the American Lawyer Media and has over twenty years of experience in sales, marketing, publishing, and training. She is the author of The Expert Witness Marketing Book: How to Promote Your Forensic Practice in a Professional and Cost-Effective Manner.

OR

Expert Testimony: Scientific, Technical, and Other Specialized Evidence
By The Honorable Joseph J. Maltese
Judge Maltese will review the Federal Rules of Civil Procedure and the Federal Rules of Evidence which apply to expert witnesses. He will discuss the similarities and differences between the Frye Test and the Daubert/Kumho standards. Judge Maltese will explain how to present expert testimony to meet either a Frye Test or Daubert/Kumho standards. Judge Maltese will offer practical suggestions on how to get your expert opinions before the court.

2:30-3:30 Breakout Sessions: Choose One
How to Fight Back: The Rights and Remedies of Expert Witnesses
By Leslie N.A. Cole, Sr., CPP, CST


Mr. Cole will discuss how to handle subpoenas and collateral attacks by counsel on your ethics, credibility, and integrity. He will explain how to break the momentum of counsel and wrest control from cross-examining counsel. Mr. Cole will give examples of how to fight back at unfair tactics and techniques of counsel at deposition and trial.

Leslie N.A. Cole, Sr., CPP, CST, is a Security Management Consultant and expert witness with an office in Union, New Jersey. Mr. Cole received his BA from Bloomfield College and his MA from John Jay College of Criminal Justice. Mr. Cole is a former insurance investigator and Director of Corporate Security Claims. Mr. Cole is a Certified Security Trainer (CST) and has had extensive experience as both a consulting expert and an expert witness for the past 19 years.

OR

Impeachment of Expert Witnesses: What Experts Can Expect and How to Prepare For It
By Terence F. MacCarthy, Esquire
Attorney MacCarthy will discuss the nine ways to impeach expert witnesses. These include inconsistent statements, motivation, truthfulness, learned treatises, etc. He will explain what experts can and should expect and how they can best prepare for the attempt by opposing counsel to impeach them. Examples of successful impeachments will be used as a learning tool.

3:30-4:30 Breakout Sessions: Choose One
Answering Trick and Difficult Questions Artfully
By Daniel P. Gibson, Esquire

Attorney Gibson will explain how experts can successfully deal with counsel's trick and difficult questions. He will demonstrate through the use of actual questions the techniques for defusing, artfully replying to, and turning the tables on counsel who is trying to trap experts with trick and difficult questions. Attorney Gibson will share techniques experts can use to defeat counsel's tactics.

Daniel P. Gibson, Esquire is a trial attorney and the managing partner of Gibson & Behman, a law firm based in Burlington, Massachusetts with offices throughout New England and Florida. Attorney Gibson received his BS from Salem State College and his JD from Villanova University. Attorney Gibson is a member of the Massachusetts Bar Association, American Bar Association, and the Defense Research Institute. He is a co-author of Liquor Liability: A Primer for Winning Your Case.

OR

Building a Premiere Forensic Practice
By Darrell D. Dorrell, CPA
Mr. Dorrell will discuss the most cost-effective, practical and immediate methods of practice building. He will explain the "make it count twice" technique of marketing and the "SPWIM" approach to marketing. Mr. Dorrell will demonstrate how to implement the "ABC" method of practice building. Mr. Dorrell will offer practical, cost-effective techniques to immediately implement enhancements to your existing marketing.

4:30-5:30 Breakout Sessions: Choose One
Sticking the Knife In: Turning the Tables on Counsel
By Leslie N.A. Cole, Sr., CPP, CST
Mr. Cole will explain how by studying opposing counsel, his tactics, technique, writings, and trick questions, experts can turn the tables on cross-examining counsel. He will discuss how and when to use various techniques to "blow opposing counsel out of the water." Mr. Cole will offer examples of having successfully utilized these techniques.

OR

Assisting Counsel: Technical Consultation to Counsel Preparing a Case
By Andrew A. Dahl, MD, FACS
Dr. Dahl will discuss how an expert can assist retaining counsel in the investigation, evaluation, research, discovery, deposition, and trial preparation for a case. He will review specific techniques for assisting counsel develop a workable theory of the case, utilizing standards, objective evidence, and available records. Dr. Dahl will offer practical suggestions on how through assisting counsel an expert can make himself invaluable.

Andrew A. Dahl, MD, FACS, is an ophthalmologist and expert witness in Poughkeepsie, New York. Dr. Dahl received his BA from Wesleyan University and his MD from Cornell University Medical College. Dr. Dahl is a Diplomate of the American Board of Ophthalmology and a Fellow of the American Academy of Ophthalmology and the American College of Surgeons. Dr. Dahl has had 25 years of expert witness work in medical negligence and personal injury including depositions and testimony at civil and criminal trials.

5:30-6:30 Hors d'Oeuvre Reception with Complimentary Drink

 

Friday, June 27, 2003
7:30-8:30 Continental Breakfast-Provided
8:30-9:30 A View From The Bench
By The Honorable Ann O'Regan Keary

Judge Keary will discuss how expert witnesses can improve preparation and presentation of their testimony. She will discuss the common mistakes experts make and will explain how to avoid or overcome them. Judge Keary will offer practical suggestions on how experts can maintain their credibility and integrity in an adversarial system.

Judge Ann O'Regan Keary has been a judge on the Superior Court of the District of Columbia since 1992. She has served in the Criminal, Civil, Domestic Violence and Family Divisions of the court and is presently presiding over a Felony II Calendar. She is a 1974 graduate with honors from George Washington University Law School, and is an honors graduate of Wellesley College. Prior to her appointment, Judge Keary served as counsel to the District of Columbia's public mental health delivery system, in her capacity as Deputy Corporation Counsel and Chief of the Mental Health Division of the Office of Corporation Counsel. Judge Keary served as in-house counsel to St. Elizabeth's Hospital for several years. She has also served as Co-Chair of the In-House Hospital Attorneys of Washington from 1985-1988 and has been a member of the National Health Lawyers Association and of the D.C. Bar's Health Law Section. She has taught extensively on health law issues and issues related to criminal law and psychiatry.

9:30-10:30 Staying Calm in the Face of Adversity
By Michael Shahnasarian, PhD

Dr. Shahnasarian will review techniques to help preserve perception of you as an objective witness during intense cross-examination. Dr. Shahnasarian will explain how you can enhance receptivity to your testimony at trial. Dr. Shahnasarian will offer practical advice for how to keep your testimony in perspective when confronted by badgering, argumentative deposition questioning and trial cross-examination.

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.

10:30-11:30 How Experts Can Dramatically Improve Their Effectiveness Before Juries
By David A. Wenner, Esquire


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

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.

11:30-12:00 Roundtable: Including Seminar Attendees
12:00-1:00 Seminar Luncheon-Provided
1:00-2:00 Breakout Sessions:
Accident/Incident Investigation: Advanced Techniques
By Joseph F. Dyro, PhD

Dr. Dyro will discuss the role of the expert as investigator and review the analytical, technical, and communications skills required. He will explain systems analysis techniques and root cause analysis methodology with case studies. Dr. Dyro will demonstrate procedures including assessing injury and damage; examining the scene; obtaining, examining, and preserving evidence; perusing documents; and interviewing witnesses. Dr. Dyro will offer practical suggestions for experts on how to document the investigation; how to interact with attorneys, authorities, and manufacturers; where to obtain essential resources; and how to report results and recommendations.

Joseph F. Dyro, PhD, is a biomedical engineer and President of the Biomedical Resource Group in Setauket, New York. He received his BS in Electrical Engineering from the Massachusetts Institute of Technology and his MS and PhD in Biomedical Electronics Engineering from the University of Pennsylvania. Dr. Dyro is a certified clinical engineer and the Editor of the Journal of Clinical Engineering and the Editor-in-Chief of the Handbook of Clinical Engineering. Dr. Dyro is a highly experienced expert witness and has written and lectured extensively on expert witness issues. Dr. Dyro has over 20 years of consulting experience related to litigation in 25 states, the District of Columbia, Canada, and Puerto Rico. He has testified in state and federal courts for plaintiffs and defendants.

OR

Civil Liability of Experts: Latest Update on Growing Trends for Greater Liability
By C. Donald Briggs, III, Esquire

Attorney Briggs will review the Austin and Lustgarten cases which deal with censure of expert witnesses by the AANS as well as other areas of expert witness liabilities. He will explain what kinds of conduct or opinions may expose an expert to civil liability. Attorney Briggs will discuss how to avoid areas of potential liability and whether expert witnesses may face greater liability in the future. Attorney Briggs will offer practical suggestions for how to perform as an expert witness and potentially avoid civil and professional liability.

C. Donald Briggs, III, Esquire, is a certified civil trial specialist by the National Board of Trial Advocacy who practices in Rockport, Maine. Attorney Briggs received his BA from the College of the Holy Cross and his JD from Suffolk University Law School. Attorney Briggs concentrates his practice in personal injury litigation and general civil litigation. Attorney Briggs is a member of ATLA, the Board of Governors for Maine Trial Lawyers Association, and The Million Dollar Advocates Forum.

2:00-3:00 Breakout Sessions:
Taking Control of Your Expert Witness Practice
By Michael Shahnasarian, PhD
Dr. Shahnasarian will discuss techniques to help enforce your 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 your 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.

OR

Pleasing the Client: What Attorneys Are Really Looking For From Experts
By Nina M. Gussack, Esquire

Ms. Gussack will discuss the "Five Cs" that attorneys desire in an expert witness: Competence, Credibility, Communication, Completeness, and Charisma. She will review the importance of availability, report writing, ability to explain complex material clearly, humility, and preparation for and handling hostile cross-examination. Ms. Gussack will offer practical suggestions on how experts can modify their behavior and techniques to make them a more valuable expert witness.

Nina M. Gussack is a partner in the Litigation Department of Pepper Hamilton llp and chairs the Health Effects Litigation Practice Group. She also is vice chair of the firm's Executive Committee. Ms. Gussack's trial practice is concentrated in civil litigation, with a primary emphasis in the defense of product liability claims involving prescription pharmaceuticals, investigational new drugs, medical devices and over-the-counter drug products. She counsels pharmaceutical companies, hospitals and physicians, and medical device companies about risk avoidance in the clinical trial and product approval process. Ms. Gussack serves as national coordinating and trial counsel and as regional counsel in significant pharmaceutical litigation, including class actions and multi-district litigation. She also has acted as a court-appointed defense coordinator in several mass tort actions. Ms. Gussack is Vice Chair of the Defense Research Institute's (DRI) Drug and Medical Device Committee, and a member of the Product Liability Advisory Council and the International Association of Defense Counsel. She also serves on the Ethics Committee of the Wills Eye Hospital in Philadelphia.

3:00-4:00 Breakout Sessions: Choose one
Advanced Report Writing Techniques: Bringing Your Report to Life
By Joseph F. Dyro, PhD
Dr. Dyro will discuss the anatomy of a well-written, persuasive, bulletproof expert report. He will explain the essentials of formatting, required content, and elements of effective writing style. Dr. Dyro will demonstrate how to incorporate drawings, tables and photographs; how to buttress the report with research, how to employ effective wording and avoid ambiguities; and how to be concise with maximum clarity and impact. Dr. Dyro will offer practical suggestions on how to work with counsel, defend the report, use indispensable literature resources and authorities, and avoid devastating landmines.

OR

Dealing Effectively with a Retaining Attorney
By C. Donald Briggs, III, Esquire
Attorney Briggs will discuss what experts should do and not do before accepting an assignment from counsel. He will describe how to select the best cases and attorneys to work with and the cases to reject. Attorney Briggs will explain the importance of staying within one's area of expertise maintaining your standard protocol and how to fend off attempts to modify your report and opinion. Attorney Briggs will offer practical advice on how to best maintain your honesty, credibility, and integrity in the face of economic and other pressures from retaining counsel.

4:00-5:00 Breakout Sessions: Choose one
Clinical Decision Making for Experts: Intuition vs. Objective Facts
By David A. Wenner, Esquire
Attorney Wenner will review how experts fall prey to bias in decision making. He will discuss how experts can demonstrate objectivity and fairness in presenting expert testimony. Attorney Wenner will explain the techniques experts can use to increase their credibility with jurors.

OR

Acting As An Expert Consultant
By Nina M. Gussack, Esquire
Ms. Gussack will discuss the Rule 26(b)4 differences between experts employed to testify in litigation and those who are undisclosed consultants. She will discuss the issues of compensation, disclosure, discovery, information exchanged with counsel, and the initiation, duration, and intensity of the consultation. Ms. Gussack will offer practical suggestions for experts who want to protect their consultant status in cases.
SEAK in Hyannis -- June 2003

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