Schedule

Conference Leaders: 

Expert Witness Directory

Conference registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and collegial atmosphere. We are proud to present four preconferences this year including two new preconferences. We are also pleased to provide continental breakfast each day, an hors d'oeuvre reception on June 24 and a conference luncheon on June 25. Our faculty this year includes four distinguished judges. Our expanded program will permit participants 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!" "Very well done, great faculty." "Excellent presentations, information, handouts, and interaction." "High quality ­ exceeded expectations." "Well done, on time, excellent speakers and good topics." "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, lawyers and trial consultants." "Excellent, clear speakers, very good breakout sessions." "Very professional, well organized." "Your program was a pot of gold."

Thursday, June 24th, 2004

Judge Wright will discuss the type of experts and expert testimony that does and does not impress a judge and jury. He will review the biggest and most common mistakes experts make. Judge Wright will offer practical suggestions for experts to improve their testimony and their effectiveness. The Honorable Melvin R. Wright is an Associate Judge of the Superior Court of the District of Columbia. He received his BA from Federal City College (University of the District of Columbia) and his JD from Georgetown University Law Center. Judge Wright was appointed to the Superior Court bench in April 1998 by President Bill Clinton. He has served in Juvenile and Criminal Division assignments. From January 2001 to December 2002 Judge Wright was the Presiding Judge of the Superior Court Drug Intervention Program (Drug Court), and continued his involvement in family court cases where drug addicted parents and their children were the issues. While he presided over Drug Court, Judge Wright chaired the Drug Court Committee for the DC Superior Court, which was made up of representatives from the United States Attorney's Office, Public Defender Service, Pretrial Services Agency, DC Department of Corrections, Criminal Defense Bar, and other treatment and community organizations. Judge Wright is currently assigned to a Civil Trial calendar where he hears jury and non-jury trials and renders oral and/or written decisions. Questions and Answers

Dr. Speckart will explain how experts can be successful in enhancing their credibility and creating a favorable disposition among jurors and fact finders. He will review the three dimensional theory of persuasiveness which includes expertise, objectivity, and communicativeness. Dr. Speckart will discuss the impact of expert's compensation and offer practical suggestions on how experts can enhance their persuasiveness. George R. Speckart, PhD is a senior litigation analyst for Courtroom Science, Inc., in Irving, Texas. Dr. Speckart received his BA, MA, and PhD in Psychology from UCLA. He has written and lectured extensively on persuasiveness of experts, jurors, and communication. Dr. Speckart has personally directed over four hundred research programs designed to assist litigators in achieving favorable verdict outcomes and minimizing damages exposure to corporate clients. He is a member of the American Society of Trial Consultants' Jury Selection Standards Committee. He has given presentations for the Defense Research Institute, the American Corporate Counsel Association, the International Association for Defense Counsel, the Association of Southern California Defense Counsel and numerous State Bar conventions throughout the nation. Questions and Answers

Professor Ohlbaum will explain how testifying experts are now being cross-examined with the use of the reports of non-testifying experts and what the testifying experts can and should do. He will discuss and demonstrate trick questions, impeachment, and cross-examination techniques and explain how the expert can best prepare for them. Professor Ohlbaum will discuss the materials all experts should have before they prepare their reports and how to avoid being discredited by one's own report.Edward D. Ohlbaum is a Professor of Law and Director of Trial Advocacy and Clinical Legal Education at Temple Law School in Philadelphia, Pennsylvania. Professor Ohlbaum received his BA from Wesleyan University and his JD from Temple University School of Law. He has tried over 75 jury trials and teaches as well as consults nationally on evidence, litigation strategy, advocacy, and ethics. Professor Ohlbaum is the former co-chair of the ABA Trial Evidence Sub-committee on Experts and has written and lectured extensively on evidence, advocacy, litigation, and expert witnesses. Questions and Answers

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Dealing Effectively With Retaining and Opposing Counsel: Avoiding Abuse
By James A. Williams, PhD

Dr. Williams will review how to professionally and effectively relate to both retaining and opposing counsel while avoiding adverse consequences. He will discuss what the expert should seek to accomplish in the conference with retaining counsel and how to build an excellent rapport and working relationship with counsel. Dr. Williams will explain how to best deal with opposing counsel's tactics, traps, and trick questions. Dr. Williams will demonstrate how and what to do when attacked by opposing counsel. James A. Williams, PhD, is an international consultant for law enforcement practices, policy, and procedures, and principal of Williams and Associates in Cherry Hill, New Jersey. Dr. Williams holds a Doctorate Degree in Criminal Justice with specialized studies in the Pharmacology of Drug Abuse and Criminology. His undergraduate degree is in Sociology. He is also a graduate of the National Training Institute in Washington, DC where he completed courses on organizational security, internal security, law, conspiracy, advanced investigative techniques, organized crime, white-collar crime, and financial investigations. He taught Criminal Justice studies as an adjunct professor at Rowan University, Glassboro, New Jersey, and has written and published numerous papers on police management and security. As a Federal Agent on deep undercover assignment, Dr. Williams penetrated the infrastructure of the national organized crime movement of "Black Incorporated." The United States Department of Justice (USDOJ) Organized Crime Strike Force investigation, code named Operation OXALIC, resulted in the arrests of targeted top level drug kingpins in eight states, Italy, and Jamaica. Dr. Williams is a highly experienced expert witness. Questions and Answers

Professor Ohlbaum will explain the actions and inactions of experts which can subject them to sanctions, civil suits, professional discipline, damaged reputations, loss of referrals, and prosecution for perjury. He will discuss the ethical standards of professional groups, sins of omissions and commissions, when and what to put in writing, disclaimers versus destruction of reports and other documents, the differences between testifying and consulting experts and how far experts can and should go in collaborating with retaining counsel. Professor Ohlbaum will offer practical advice and suggestions to assist experts in maintaining their reputations, integrity, and credibility.  Questions and Answers

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The Litigation Fee Agreement: An In-Depth Analysis
By Rodney G. Richmond, RPh, MS, CGP, FASCP

Mr. Richmond will review the elements of a successful, bulletproof fee agreement for consultants and experts. He will discuss all of its terms including services performed, fee schedule, payment terms, project approval, terminations, injuries, indemnification, confidentiality, and deposition and courtroom testimony/appearances and expenses. Mr. Richmond will explain the rationale for the terms and how they work in a real world setting. Rodney G. Richmond, RPh, MS, CGP, FASCP, is a registered pharmacist and forensic consultant with The Mackenzie Group, a clinical and forensic pharmaceutical consulting company in Morgantown, West Virginia. He received his BS from West Virginia University and his MS from the University of North Carolina at Chapel Hill. Mr. Richmond is a clinical instructor in the Department of Clinical Pharmacy at West Virginia University, and a member of the American Society of Pharmacy Law. Questions and Answers

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Making the Complex Understandable: What Works for Expert Witnesses
By Daniel E. Krane, PhD

Dr. Krane will discuss how to translate and explain complex scientific concepts, principles, and results in a fashion that can be readily understood by a judge, fact finder, and jury. He will demonstrate how an effective technical expert witness can make juries and judges feel comfortable with the understanding of complex evidentiary material. Dr. Krane will demonstrate by use of examples how all experts can work with retaining counsel to offer coherent, understandable expert testimony even in the most complex and difficult cases. Dan E. Krane is an associate professor of Biological Sciences at Wright State University in Dayton, Ohio, where he routinely teaches introductory biology classes that contain hundreds of students taking their first college-level science course. He is also the lead author of a widely used introductory text on bioinformatics - an intersection of the disciplines of molecular biology and computer science. Dr. Krane's litigation experience includes expert witness and consultation regarding topics pertaining to DNA profiling before many Federal and state courts over the past 12 years including several with high-profile defendants such as O.J. Simpson. Questions and Answers

A mock trial demonstration will be presented by Attorneys Ellsworth T. Rundlett III and James J. Mangraviti, Jr., and David A. Dodge, CSP. The stipulated facts are as follows: The plaintiff, Ms.Haley, went into a Wal Mart store in Farmington, Maine. She located a "creeper" device and reached up with both hands from a stack. She was then struck when a number of creepers allegedly fell from the shelf striking her back and right shoulder. Counsel for the Plaintiff: Ellsworth T. Rundlett, III, Esquire, is a partner in the Portland, Maine law firm of Childs, Rundlett, Fifield, Shumway & Altshuler. Attorney Rundlett received his BA from Bowdoin College and his JD from the University of Maine School of Law. He is a trial attorney and civil trial specialist certified by the National Board of Trial Advocacy. Counsel for the Defense: James J. Mangraviti, Jr., Esquire, is a former trial lawyer 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. Expert Witness: David A. Dodge, CSP, is a safety consultant performing accident analysis in the area of safety, worker/machinery accidents and products liability in Standish, Maine. Mr. Dodge received his BS from Maine Maritime Academy and is a registered professional engineer and certified safety specialist. Questions and Answers

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Direct Examination and Experts: How Experts Can Excel
By Kevin J. Conway, Esquire

Attorney Conway will explain how the expert can, through direct examination, provide a basic primer translating scientific jargon into plain English. He will discuss preparation and interaction with retained counsel and the use of demonstrative evidence to explain and teach the unfamiliar to the jury. Attorney Conway will show how the expert's opinion can be driven home in a forceful and believable way under direct examination. Attorney Conway will demonstrate how the expert, working with counsel, can soften the blows of anticipated cross-examination. Kevin J. Conway is a partner and trial attorney in the Chicago, Illinois personal injury law firm of Cooney & Conway. He received his JD from the Loyola University School of Law in 1976 and his BA in 1973 from Loyola University of Chicago. Attorney Conway has achieved million-dollar-plus settlement and/or verdicts in all areas of personal injury law, including aviation, construction, mass torts, and asbestos. Kevin was a member of the Board of Managers of the Illinois Trial Lawyers Association from 1988-1997 and has been a member of the Executive Committee since 1995. As an active member of the Chicago Bar Association, Mr. Conway also chaired the CBA Tort Litigation Committee and co-chaired the Young Lawyers Section of the Trial Technique Committee. He is a Fellow in the American College of Trial Lawyers and is listed in Who's Who in American Law. In 1998, Kevin Conway was nominated as a finalist for Trial Lawyer of the Year by Trial Lawyers for Public Justice in Washington, DC. He will become President of the Illinois Trial Lawyers Association in 2004.Questions and Answers

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Maintaining Your Integrity and Credibility In the Face of the Adversarial System
By Vince A. Gallagher, CHCM, CSHM

Mr. Gallagher will discuss the many ways that an expert's integrity is likely to be challenged by lawyers on both sides of the case. He will share his experiences in dealing with unethical lawyers of all kinds. Mr. Gallagher will offer practical, realistic suggestions on how experts can best serve clients while still maintaining their integrity and credibility.

Vincent A. Gallagher, CHCM, CSHM, is the President of Safety Research, Inc., in Audubon, New Jersey. Mr. Gallagher has worked in the field of worker safety for thirty years. Mr. Gallagher has a master's degree in occupational safety and health from New York University. He has consulted for major corporations, unions, and for various United Nations agencies in seven countries. Mr. Gallagher has taught in several universities. He has investigated over five hundred serious or fatal industrial accidents. Mr. Gallagher has testified as an expert witness in court over one hundred times and in depositions more than five hundred times.

OR

How Attorneys Really Select Experts: The Impact of Expertise, Experience, Reputation, Writing, Speaking, Marketing, Expert Witness Services, and Other Criteria
By Anthony R. Zelle, Esquire

Attorney Zelle will discuss how experienced trial attorneys identify, select and prepare expert witnesses for trial. He will explain what attorneys are really looking for and the weight counsel gives to expertise, experience, reputation, writing, speaking, and marketing of expert witnesses. He will offer practical suggestions on how experts can best position themselves for selection by trial counsel and will also discuss the process through which expert witnesses and counsel work together in the interests of advancing their clients' claims. Anthony R. Zelle, Esquire, is a trial attorney specializing in complex litigation in the Boston law firm of Robinson & Cole. He received his JD from Boston College Law School and a BA from the University of Minnesota. He represents plaintiffs and defendants in commercial and insurance related litigation. Attorney Zelle has extensive experience handling fraud claims, and in 2002, he was awarded one of the top three jury verdicts in Massachusetts in an action against a real estate escrow agent and a national brokerage firm. In his representation of clients in the insurance industry, he handles coverage and bad faith cases. He also represents insurers in subrogation cases. He has tried cases across the country and has appeared in the appellate courts of Massachusetts, Rhode Island, New York, New Jersey, Pennsylvania, West Virginia, and Ohio and in the First, Second, and Third Circuit Courts of Appeal. Attorney Zelle is a member of the Defense Research Institute and chairs the Insurance Committee's Extra-Contractual/Bad Faith Claims Committee. He is a frequent speaker at DRI programs and has also served on the faculty of the Loss Executive Association's National Forum for Property Loss Professionals. Questions and Answers

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How to Stand Up Under Cross-Examination and a Daubert Hearing
By Melvin L. Tucker 

Mr. Tucker will discuss the preparation of expert witnesses for cross-examination and Daubert hearings. He will examine and demonstrate some of the commonly employed tactics and strategies used by attorneys in cross-examination to impeach or damage the credibility and testimony of the expert witness during cross-examination. Mr. Tucker will provide practical suggestions on how to survive and thrive during cross-examination and during Daubert hearings. Melvin L. Tucker is a criminal justice and security consultant. He is a former Special Agent with the Federal Bureau of Investigation and a Chief of Police in four cities. He received his BA from the University of South Florida and his MPA from Appalachian State University. Chief Tucker has written and lectured extensively on law enforcement and security issues. He served as a regular instructor for the Florida Center for Advanced Law Enforcement Studies and the Florida Criminal Justice Institute. Chief Tucker has testified extensively in both state and federal court on criminal justice and security issues. Questions and Answers

Mr. Dubinsky will review credentials and standards required for the court to accept a witness as an expert as well as training requirements. He will also explain personal qualities of the expert and the ability to work as part of a team. Mr. Dubinsky will explain his roles in testifying in depositions and trials and the preparation involved in order to meet the challenges of each step of the litigation process, from pretrial proceedings and depositions to trial exhibits and expert testimony. He will demonstrate how to gather evidence and most crucially, determine what is relevant and needed to support an expert opinion. Mr. Dubinsky will offer practical, time-tested advice on how to play it smart, be effective, and obtain success in the courtroom.

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