Schedule

Conference Leaders: 

SEAK, Inc. is pleased to present its Fifteenth Anniversary National Expert Witness Conference. Experts from all disciplines and with all levels of experience 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. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include lectures, trial demonstrations, lively question and answer periods, and intensive breakout sessions led by a highly qualified faculty.

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 eight preconferences this year including two new preconferences. We are also pleased to provide a continental breakfast each day, an hors d’oeuvre reception on June 22 and a conference luncheon on June 23. Our faculty this year includes four distinguished judges. Our expanded program will permit participants to obtain even more information than in past years.

Thursday, June 22, 2006

By The Honorable Christopher J. Muse
Judge Muse will discuss how the expert witness’s demeanor, language, and presentation, together with the content of the expert’s testimony affects the jury and judge. He will review some of the more common mistakes experts make and will offer practical suggestions for experts on how to improve the quality and effectiveness of their testimony. Questions and Answers.

Judge Muse has been a Superior Court Justice since May 2001. Before that, he was a criminal defense lawyer and civil litigator for nearly 25 years. He specialized in employment and labor issues on the civil side, and defended clients charged with the entire range of offenses, including first degree murder. He is a graduate of Georgetown University and Suffolk University Law School. Some of his clients included the Massachusetts State Advisory Commission for Special Education and the Boston Police Detectives Benevolent Society.

By Jeffery H. Warren, PhD, PE, CSP
Dr. Warren will discuss and offer insight on how to best organize your expert witness practice as a professional and ethical business. He will review and offer practical advice on fee setting, billing, and collection. Dr. Warren will offer advice based on practical experience on how to market your expert witness practice ethically, economically, and professionally. He will discuss how to build a premiere forensic practice. Questions and Answers.

Jeffery H. Warren, PhD, PE, CSP is CEO and Chief Engineer for The Warren Group in Columbia, South Carolina. Dr. Warren received his BS in Mechanical Engineering from the University of North Carolina at Charlotte and his MS and PhD in Mechanical Engineering from Virginia Polytechnic Institute and State University. Dr. Warren has written and lectured extensively on products liability, expert witnessing, machine safeguarding, and safety through design. Dr. Warren is an experienced expert witness and Chief Engineer of The Warren Group performing consulting and training related to machinery and equipment claims, unintentional injuries, vehicle accident reconstruction, and fires and explosions.

By Betsy Whitaker, Esq.
Attorney Whitaker will discuss the criteria that trial lawyers utilize to grade expert witnesses and what distinguishes top-notch experts. She will review the entire expert witness process including engagement, assistance and advice to counsel, investigation, reports, deposition and trial. Attorney Whitaker will explain and demonstrate the significance of expert witness integrity, reputation and ability to communicate and relate to the jury or fact finder. She will offer practical advice that can be immediately utilized by experts. Questions and Answers.

Attorney Elizabeth D. "Betsy" Whitaker is a co-managing partner of the Dallas and Fort Worth Law Firm of Bracewell & Giuliani. She received her BA from Wheaton College and her JD from Southern Methodist University Dedman School of Law. Attorney Whitaker is a past president of the State Bar of Texas and has written and lectured extensively on expert witness issues. She has litigated complex commercial cases at every level in state and federal courts throughout Texas. In 2003 and 2004, Ms. Whitaker earned the distinction of Texas Super Lawyer in business litigation, as well as the distinction of being listed as one of the Top 50 Women Lawyers in Texas, and the distinction of being selected by her peers as one of the Best Lawyers in Dallas for business litigation by D Magazine in 2003. A member of the highly regarded American Law Institute, she is also listed in Who’s Who in American Law, Who’s Who in America and Who’s Who in American Women.

By Leslie Dae Johnson, PhD
Dr. Johnson will discuss how an experienced expert prepares a well written, persuasive expert report based upon reliable accepted methodology. She will explain the use of research, analysis, assumptions, formatting, and the elements of clear understandable writing. Dr. Johnson will review how the expert can express her opinion in an unambiguous and legally sufficient manner. Dr. Johnson will demonstrate how to explain different and complex scientific matters in a well written understandable expert report. Questions and Answers.

Leslie Dae Johnson, PhD is president and laboratory director of Clinical Testing & Research, Inc., a Ridgewood New Jersey Forensic Laboratory and is also president of DNA Forensic Consultants. Dr. Johnson received her BS from Oklahoma State University and her PhD from the University of Oklahoma. Dr. Johnson is a highly experienced expert witness who has written over 20,000 forensic opinions for the superior courts of New Jersey, New York, Pennsylvania, Vermont and Massachusetts, The US Department of State and the Immigration and Naturalization Service.

OR

By Warren S. Radler, Esq.
Attorney Radler will explain how the expert witness can work with counsel to deliver powerful and memorable direct testimony. He will discuss and demonstrate specific techniques for: making a good first impression, qualifying without being boring, teaching effectively, becoming likeable, answering the key questions, and taking the wind out of the sails of opposing counsels’ cross-examination. Attorney Radler will offer practical time-tested suggestions that will be able to be adopted immediately by experts. Questions and Answers.

Warren S. Radler, Esq. specializes in trial and litigation consulting at Trial Run, Inc. in Chicago. He received his BA from Cornell University and his JD from Cornell Law School. Attorney Radler has taught both basic and advanced trial advocacy throughout the country as a faculty member of the National Institute for Trial Advocacy as well as in the United Kingdom. He has lectured on trial advocacy at a number of law schools. Attorney Radler is the former chairman and senior trial partner of a large multi-state litigation firm. He is a Fellow of the American College of Trial Lawyers. During his years in private practice, he tried numerous complex cases to jury verdict throughout the country on behalf of plaintiffs and defendants. He has defended multi-national chemical and drug companies in product liability cases involving millions of dollars and served as national coordinating counsel in complex product liability and construction litigation cases.

By James J. Mangraviti, Jr., Esq., George E. Wakeman, Jr. Esq., and Kenneth Knott, PhD, PE
The stipulated facts are as follows: The plaintiff was employed as an executive chef at the Fountain Room in Turtle Creek, Pennsylvania.The plaintiff alleges that on October 2, 1997 at 1:00 pm he opened the door of a model R1 Steammaster Food Steamer Serial No. 89M 88844 manufactured by Southbend, Inc. and a significant quantity of scalding water was unexpectedly discharged knocking him to the floor and pouring onto his legs and feet causing second and third degree burns on both his legs and ankles.The plaintiff alleges that the proximate causes of the incident were defects in the design of the product, the absence of safety warning affixed to the machine and an ineffective user manual.

OR

By John Mark Myers, Esq.
Attorney Myers will discuss and demonstrate how expert witnesses can dramatically improve their performance by being good teachers, both to the lawyers who hire them, and to jurors and other fact-finders. He will talk about how jurors learn and demonstrate the importance of keeping it simple with illustrations, explanations and non-technical language. He will demonstrate techniques and suggestions that experts can immediately and easily adopt to become more effective in their reports and testimony. Questions and Answers.

John M. Myers, Esq. is a trial attorney in Philadelphia, Pennsylvania. He received his BS from the University of Pennsylvania, Wharton School, and his JD from the University of Pennsylvania. Attorney Myers is a former Chief Deputy City Solicitor, Special Litigation for the City of Philadelphia. He teaches trial advocacy at Temple University’s Beasley School of Law and is on the faculty of the National Institute of Trial Advocacy (NITA).

By Jeffery H. Warren, PhD, PE, CSP
Dr. Warren will offer suggestions on how to work with an attorney when he/she wants to retain you, and how to ensure that the expert and the attorney fully understand each other’s roles from retention to trial. He will define abuse and offer practical suggestions for how to deal with this type of conduct. With the help of members of the audience, Dr. Warren will provide an opportunity to observe good and poor responses to abusive questions and will conduct some communication drills which provide training in responding to abusive and trick questions asked at deposition or during cross-examination. Demonstrations will be utilized to make key points.

OR

By David M. Malone, Esq.
Attorney Malone will explain how experts working with retaining counsel can develop powerful and memorable visuals to support their expert witness testimony. He will demonstrate with the use of visuals used at trial how experts can change the dynamics of their testimony from a "talking head" to that of a college professor. Attorney Malone will offer practical cost-effective suggestions on how to develop and utilize memorable visuals and demonstrations. Questions and Answers.

David M. Malone, Esq. is a principal of Trial Run, Inc. a litigation consulting and trial training firm. He received his BA from the University of Notre Dame and his JD from the University of Virginia. Attorney Malone was a federal prosecutor for 15 years, handling lengthy and complex antitrust and consumer cases involving extensive preparation in both direct and cross-examination of expert witnesses. He is a nationally recognized expert on the preparation and examination of expert witnesses. Attorney Malone has taught hundreds of advanced and basic trial advocacy, expert witness, deposition and other trial-related programs across the United States, in England and Russia. He has taught for the National Institute for Trial Advocacy, the American Bar Association, the State Department, private corporations, law firms, and for federal and state agencies. Attorney Malone is the author of many texts and handbooks for practitioners including The Effective Deposition, a widely used text on deposition practice and procedure, Expert Rules, Deposition Rules, Winning Depositions and Winning with Experts, and Effective Expert Testimony.

By Carl M. Savage, Jr.
Mr. Savage will explain the use of computer animation aids in making an expert witness’s testimony clearer and more credible. He will describe the factual foundations that are needed, the scientific basis for computer animation, how computer animations are made and the admissibility issues an expert faces. Through the use of computer animation examples, Mr. Savage will explain and demonstrate how the jurors can better understand how things work and how events happened.

Carl M. Savage Jr. is a safety engineering consultant and has been retained in more than 1,000 cases in his career. He received his BS in Mechanical Engineering from the University of Toledo. During his 20 year career at General Motors, Mr. Savage was a Test Engineer, Project Engineer and Senior Project Engineer at the GM Proving Grounds’ Safety Research and Development Laboratory and a Staff Analysis Engineer and Senior Staff Analysis Engineer at the GM Technical Center. For 16 years he has been President of Savage Engineering, Inc. His office is in Grand Blanc, Michigan. Mr. Savage has been involved in many areas of crash safety including, testing, design, accident reconstruction, injury causation analysis, kinematics analysis, field accident research, warnings, labeling and claims evaluation. He holds 3 patents on air bag restraint systems and co-authored two of GM’s responses to the government’s proposed Federal Motor Vehicle Safety Standard 208.
OR

By Frank L. Branson, Esq.
Attorney Branson will discuss the strategies counsel utilizes to depose opposing expert witnesses. He will review the goals of counsel, techniques employed and the biggest mistakes experts make when being deposed. Attorney Branson will demonstrate with the use of videotape some of his more memorable expert witness depositions. Questions and Answers.

Frank L. Branson, III is a personal injury trial attorney in Dallas, Texas. He received his BA from Texas Christian University and his JD and LLM from Southern Methodist University. Attorney Branson is a member of ATLA, Texas Trial Lawyers Association and the International Academy of Trial Lawyers. He has written and lectured on the use of expert witnesses. Attorney Branson has been listed in The Best Lawyers in America and in Forbes Magazine as one of the most successful lawyers in the country.

By The Honorable Joseph J. Maltese
Judge Maltese will identify the most common mistakes expert witnesses make and will explain how to avoid them. He will discuss demeanor, presentation, communication skills and the maintenance of integrity, credibility and reputation. Judge Maltese will offer practical suggestions that experts can adopt to improve their effectiveness. Questions and Answers.

The Honorable Joseph J. Maltese is a Justice of the New York Supreme Court. He also serves as an Associate Justice on the New York State Litigation Coordinating Panel, which is the New York State version of the Federal Multi-District Litigation (MDL) Panels, which handles mass torts and other complex litigation pending in more than one Judicial District of the state. Justice Maltese received his BA from the City University of New York, his JD from New York Law School, an MA from New York University, an MS in Forensic Examination from Touro College and a Master of Judicial Studies from the University of Nevada at Reno. Justice Maltese teaches law at the National Judicial College as well as the New York State Judicial Institute and is an adjunct professor of law at Touro College. He has written and lectured extensively on all aspects of expert witnessing. Justice Maltese is also a Brigadier General in the New York Guard and was a former military judge in the US Army Trial Judiciary.

By Professor Paul C. Giannelli
Professor Giannelli will discuss the five methods of impeaching all witnesses: bias or interest, prior inconsistent statements, specific contradictions, sensory/mental defect and untruthful character. He will explain and demonstrate the five special rules for impeaching expert witnesses: learned treatise, attacking the: field, qualifications, facts and opinions. Professor Giannelli will offer practiced suggestions on how experts can prepare for counsel’s attempt to impeach them.

Paul C. Giannelli is the Albert J. Weatherhead, III & Richard W. Weatherhead Professor of Law at Case Western Reserve University. He received his JD degree from the University of Virginia, where he served as Articles Editor of the Virginia Law Review. His other degrees include a LLM from the University of Virginia and a MS in Forensic Sciences from George Washington University. Professor Giannelli has written extensively in the field of evidence and criminal procedure, especially on the topic of scientific evidence. He has authored or co-authored nine books and has published articles in the Columbia, Virginia, Cornell, Vanderbilt, Wisconsin, Ohio State, Hastings, Cardozo, Arizona State, and Case Western Reserve law reviews, as well as in the Journal of Criminal Law & Criminology, Criminal Law Bulletin, and the American Criminal Law Review. In addition, his work has appeared in interdisciplinary journals, such as the International Journal of Clinical & Experimental Hypnosis, the New Biologist, Profiles in DNA, the Journal of Legal Medicine, and the Journal of Forensic Science. Professor Giannelli’s work has been cited in hundreds of court opinions and legal articles, including decisions of the U.S. Supreme Court: Blakely v. Washington (2004); United States v. Scheffer (1998); Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993); Hudson v. Palmer (1984); and Barefoot v. Estelle (1983). He currently serves as Reporter for the American Bar Association Criminal Justice Standards on DNA Evidence and co-chair of the ABA Ad Hoc Committee on Innocence.

Break and Networking Opportunity

By Michael M. Baden, MD
Dr. Baden will discuss how the role of the expert witness differs in civil and criminal cases. He will explain the crucial ways expert witnesses can assist retaining counsel in: fact gathering, request for documents and evaluation of the evidence. Dr. Baden will review how experts can assist retaining counsel in fashioning precise questions for opposing experts and through candid discussions of the strengths and weaknesses of the case. He will demonstrate how to get retaining counsel to properly qualify and question you to maximize your impact on the jury. Questions and Answers.

Dr. Michael Baden is the former Chief Medical Examiner of New York City, is presently the chief forensic pathologist for the New York State Police and is a highly experienced expert witness. He received a BS Degree from the City College of New York and an MD Degree from New York University School of Medicine. He trained in internal medicine and pathology at Bellevue Hospital Medical Center where he was an intern, resident and Chief Resident. He has been a medical examiner for forty-five years and has performed more than 20,000 medico-legal autopsies. He has held professorial teaching appointments at Albert Einstein Medical School, Albany Medical College, New York University School of Medicine, New York Law School and John Jay College of Criminal Justice. He has been a consultant to the Federal Bureau of Investigation, Veteran’s Administration, Bureau of Alcohol, Tobacco and Firearms, Drug Enforcement Agency and the United States Department of Justice. Dr. Baden has also served as President of the Society of Medical Jurisprudence and Vice President of the American Academy of Forensic Science. He is the host of the HBO "Autopsy" series, now in its twelfth year, which shows how the various forensic sciences assist in solving crimes. He has been author or co-author of more than 80 professional articles and books on aspects of forensic medicine and two popular non-fiction books "Unnatural Death, Confessions of a Medical Examiner" and "Dead Reckoning, the New Science of Catching Killers" and more recently, with his wife Attorney Linda Kenney, the non-fiction forensic thriller, "Remains Silent." Their new thriller, "Skeleton Justice" is scheduled for publication in late-2006.

By Paul H. Rothschild, Esq.
Attorney Rothschild will review the many ways an expert can assist counsel including: research, investigations, literature searches, evaluation of case theories and themes and providing a candid evaluation of the strengths and weaknesses of the case. He will explain how the expert witness can provide guidance on demonstrative aids, insight into the factual and scientific issues, witness preparation and examination. Attorney Rothschild will discuss how experts can expand their traditional testifying roles in the litigation process. Questions and Answers.

Paul H. Rothschild, Esquire, is a partner and trial attorney in the Springfield, Massachusetts based law firm of Bacon & Wilson, PC. He received his BA from Dartmouth College and his JD from Boston University School of Law. Attorney Rothschild has lectured for the Massachusetts Academy of Trial Attorneys and other legal organizations. He recently received a $6.5 million judgment in a wrongful death claim. He has been designated as a Super Lawyer 2004 and 2005 in the November issues of Boston Magazine. He is also president elect of the Hamden County Bar Association.

OR

By JoAnn Ralph, CPCU, CIC, CRM
Ms. Ralph will discuss the role of case selection in becoming a "balanced expert". She will explain best business practices for expert witnesses including: Pre-retainer reviews, retainers, fees and fee agreements, billing, collections, and cancellation policies. Ms. Ralph will review effective scheduling, document retention and other expert witness best practices. This interactive program will allow participants to share their ideas to gain additional perspectives from a variety of experts and their attorney clients. Questions and Answers.

JoAnn M. Ralph, CPCU, CIC, CRM is the managing partner/consultant at RK Risk Management in Roseland, New Jersey where she provides Insurance and Risk Management Consulting services to business consumers including arbitration/litigation support services. Ms. Ralph is a Certified Risk Manager and Certified Insurance Counselor. Ms. Ralph is an experienced author, instructor, consultant and expert witness with experience as a broker, underwriter, agency owner, and consultant since 1974. RK Risk Management is an affiliate of Rothstein, Kass & Company, PC, an international accounting and business consulting firm with offices in New Jersey, New York, Colorado, Texas, California and The Cayman Islands.

By Rosalie Hamilton
Experts will learn numerous proven techniques to cost-effectively market their services to the legal community, without damaging their professional image or credibility. Ms. Hamilton will outline real tactics used by experts to successfully generate more inquiries, clients and revenue. Attendees will also learn the common pitfalls unique to marketing an expert practice to the legal community and how to identify and avoid them. Included will be a frank discussion of what works and what doesn’t work. Questions and Answers.

Rosalie Hamilton is a leading authority on expert marketing and founder of Expert Communications, a firm dedicated to helping expert consultants build their practices and get more clients in a professional and legal-appropriate manner. As former Director of Expert Witness Marketing for Texas Lawyer and Coordinator of the National Law Journal Expert Witness Directories, Ms. Hamilton has extensive experience in marketing, management, sales, publishing and training. In addition to her articles on legal marketing that appear in numerous online and print publications, she is a frequent speaker at conferences and training seminars. She is the author of The Expert Witness Marketing Book and a regular columnist for "Expert News."

OR

By Robert Gordon, JD, PhD
Dr. Gordon will discuss the concrete steps experts can take to make themselves likeable to jurors. He will review the importance of likeability in the trial process. Dr. Gordon will explain how to: reduce nervousness and unease, win-over the decision-makers, and recognize your innate qualities that are likeable and that can be accentuated. Dr. Gordon will provide practical suggestions that experts can implement immediately. Questions and Answers.

Robert Gordon is the director of the Wilmington Institute Network. The institute provides trial and settlement science services in State and Federal forums, as well as assisting international clients with domestic litigation. Dr. Gordon is boarded in clinical and forensic psychology. He earned a PhD degree in psychology from the University of Oklahoma and a JD degree in law from Baylor University. As a forensic and clinical psychologist, he has appeared as an expert witness in hundreds of family law and criminal law cases. Dr. Gordon is the co-author along with his daughter, Ami Gordon, of the text "On the Witness Stand". The work of Dr. Gordon and the Institute Team has been featured on the Lehrer News Hour, ABC Nightline, CNN News, Larry King Live, Good Morning America, U.S.A. Today, Sky-TV, Reuters News and in leading Japanese Newsprint. He has frequently been a guest commentator for CNN, Fox News, and MSNBC in such cases as Michael Jackson, Martha Stewart and O.J. Simpson.

By Mark B. Morse, Esq.
Attorney Morse will review the process that retaining counsel and the expert witness should utilize to properly prepare the expert to testify. He will discuss preparing for direct testimony including: qualifications, amount of detail desired, opinions, basis for opinions and defusing anticipated problems likely to arise during cross-examination. Attorney Morse will explain how far counsel can go to assist the expert to prepare for his cross-examination. Attorney Morse will offer practical suggestions for experts. Questions and Answers.

Attorney Mark B. Morse is a trial lawyer and principal in the Law Office of Mark B. Morse, Providence, RI with a practice primarily in the area of civil litigation. He is a graduate of the University of Rhode Island and New England School of Law. Attorney Morse is a member of the Rhode Island and Massachusetts Bars. He is certified in civil litigation by the National Board of Trial Advocacy, is past president of the Rhode Island Trial Lawyers Association, and serves on the Board of Governors for the Association of Trial Lawyers of America. He also chaired the RI Superior Court Bench Bar Civil Procedures Revision subcommittee, and serves on the Supreme Court Committee to Review the Rules of Professional Responsibility, and the Committee on Judicial Technology and Automation. Attorney Morse is a frequent lecturer, including in the areas of ERISA, subrogation, and impeachment during cross examination.

OR

By J. Richard Claywell, CPA, CVA
Mr. Claywell will discuss and explain the protocol he follows before commenting on an opposing expert’s report. He will review initially scanning the report for obvious problems and potential errors, discussing these areas of concern with retaining counsel, and obtaining approval to research the issues. Mr. Claywell will explain the research process and the need to obtain objective data, standards, etc. to effectively refute the opposing expert’s methods, process, and conclusions. Mr. Claywell will offer practical, cost-effective advice that experts can immediately utilize. Questions and Answers.

J. Richard Claywell, CPA, CVA is the owner of Claywell & Associates, a Texas a Business Valuation and Forensic Accounting firm. He received his BS from the University of Houston and his CPA from the state of Texas. Mr. Claywell is a highly experienced expert witness and has testified in both State and Federal Courts. He has written and lectured on litigation and expert witness issues. Mr. Claywell is President of the NACVA state chapter and is a past recipient of the outstanding member award from NACVA.

By Robert D. Voogt, PhD, CRC
Dr. Voogt will discuss how to evaluate, connect, communicate with and teach jurors. He will explain how to educate and elicit crucial questions from retaining counsel and use your direct testimony to anticipate defenses and elicit questions on cross-examination. Dr. Voogt will demonstrate how to talk to and educate the judge. Dr. Voogt will offer particular suggestions that can be easily implemented by expert witnesses. Questions and Answers.

Robert D. Voogt, PhD, CRC is a rehabilitation specialist with an office in Virginia Beach, Virginia. He received his BA from Calvin College and his MA and PhD from the University of Michigan. Dr. Voogt is a highly experienced expert and has testified over 300 times in state and federal courts and has given over 3,000 depositions. He is a diplomat of the American Board of Psychological Specialties and is a Certified Rehabilitation Counselor. Dr. Voogt has written and lectured extensively to attorneys, experts, bar associations, medical personnel and survivors.

OR

By James Bartimus, Esq.
Attorney Bartimus will explain how experienced counsel prepares to discredit or destroy an expert witness. He will discuss credentials, fees, bias, prior testimony, assumptions, assistance from retaining counsel, reports, depositions and trial. Attorney Bartimus will offer practical advice to experts on how to survive and excel during their cross-examination. Questions and Answers.

James Bartimus is a partner and trial attorney with the Kansas City law firm of Bartimus, Frickleton, Robertson & Obetz, PC. He received his BA from the University of Missouri Columbia and his JD from the University of Missouri - Kansas City School of Law. Attorney Bartimus attended medical school for three years. Attorney Bartimus has written and lectured extensively on expert witness and trial practice issues. Attorney Bartimus is an adjunct professor at the University of Missouri Kansas City School of Law and is listed in "The Best Lawyers in America."

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