16th Annual National Expert Witness Conference
June 21-22, 2007
Hyannis, MA
Four Points by Sheraton Hyannis Resort
www.sheraton.com
|
|
Complete Schedule - featuring topic & speaker descriptions
7:00-8:00Registration &
Continental Breakfast
8:00-9:00A View
From The Bench
The Honorable Ellen Segal Huvelle
Judge
Huvelle 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. She 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.
Learning Objective:
Discuss the
common mistakes experts make and how to avoid them.
Judge Ellen Segal Huvelle was appointed to the
United States District Court in October 1999. She
received a B.A. from Wellesley College in 1970, a Masters in City
Planning from Yale University in 1972,
and a J.D. from Boston College Law School in 1975. Following law
school, she served as law clerk to
Chief Justice Edward F. Hennessey of the Massachusetts Supreme
Judicial Court. From 1976 until 1984,
Judge Huvelle was an associate at the firm of Williams & Connolly
and in 1984, she became a partner
at that firm. She was appointed Associate Judge of the D.C. Superior
Court in September 1990 and
served in the Civil, Criminal and Family Divisions until her
appointment to the federal bench. Judge
Huvelle has been a Fellow of the American Bar Association, a member
of the Edward Bennett Williams
Inn of Court, and has taught trial practice at Harvard Law's Trial
Advocacy Workshop and at the
University of Virginia School of Law.
9:00-10:00Communicate
with Clarity: Effective Expert Witness
Testimony
Richard Gabriel
Mr. Gabriel will discuss the "new juror" and the
attitudes they have towards expert witnesses. He will review the
desirable and undesirable expert witness qualities and will explain
what makes an expert credible to jurors.
Mr. Gabriel will review what makes an expert an effective
communicator and will demonstrate expert
testimony preparation points and testimony sequence. Mr. Gabriel
will offer practical suggestions on
how experts can improve their demonstrations and trial testimony.
Questions and Answers. Learning
Objective: Describe techniques to make your expert testimony more
credible to jurors.
Richard Gabriel is the president of Decision
Analysis, a trial consulting firm in Los Angeles, CA. He has
worked on hundreds of civil and criminal cases since 1985. Mr.
Gabriel has conducted training sessions
and lectures for thousands of litigators nationally and is published
in national legal publications and legal
texts. He has co-authored a book, Jury Selection: Strategy and
Science, which was published by Thompson
West Publications. Mr. Gabriel is recognized as an expert on
pre-trial research and presentation strategies
that favorably impact trial outcomes. He is a regular speaker at law
schools, bar associations, and law firms
on jury research and trial communication strategy. He is a guest
speaker at Pepperdine Law School and
was formerly on the Communication and Learning Skills faculty at the
University of California - Los
Angeles Extension program. He has specialized in addressing complex,
high-liability civil issues and
high-bias criminal issues. His experience includes working for the
defense on the O.J. Simpson, Heidi
Fleiss, and Patrick Naughton trials, as well as for the Office of
the Independent Counsel. He is the past
President of the American Society of Trial Consultants and appears
regularly as a commentator on jury
issues for CNBC, CNN, NBC, ABC and CBS.
10:00-10:15BREAK AND
NETWORKING OPPORTUNITY
10:15-11:15Impeaching the
Expert: Survival of the Fittest
James B. Lees, Jr., Esq.
Attorney Lees will discuss common themes and
techniques utilized by top American trial lawyers
in impeaching expert witnesses during cross-examination. He will
demonstrate use of authoritative
textbooks and articles as an effective means of impeachment.
Attorney Lees will explain techniques
that can be used by expert witnesses in successfully dealing with
impeachment. Attorney Lees will offer
practical advice to experts on how to turn the impeachment strategy
of the opposing attorney to your
advantage in cross-examination. Questions and Answers.
Learning
Objective: List techniques to successfully
deal with impeachment attacks.
James B. Lees, Jr., Esq. 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 him 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 America
Overnight.
11:15-12:15When Things Go
Wrong: Dealing When Disaster Strikes
Michael G. Kaplan, MBA, CPA, CVA, CFFA
Mr. Kaplan will discuss advanced strategies for
avoiding disasters on the witness stand. He will explain
the numerous potential expert witness disasters and will demonstrate
how to deal with them even in
the face of extreme adversity. Mr. Kaplan will offer practical
advice that can be used by experts of all
disciplines. Questions and Answers.
Learning Objective:
Identify common expert witness disasters and
describe how to avoid them.
Michael G. Kaplan, MBA, CPA, CVA, CFFA has had
more than 27 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. He has rendered
services in more than 1,500 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 to testify in court as an
expert witness in more than 250 matters.
Mr. Kaplan has also served as a court appointed expert and
accounting referee. Mr. Kaplan has been
awarded the Instructor of the Year Award by NACVA on numerous
occasions.
12:15-1:15LUNCH PROVIDED
WITH FACULTY-NETWORKING OPPORTUNITY
1:15-2:05Breakout
Sessions: Choose One
Trial Demonstration:
Cross-Examination of an Expert Witness
Jeffrey N. Catalano, Esq.
and
Alison Vredenburgh, PhD, CPE
The stipulated facts are as follows:
Plaintiff , Mr. Thomson, underwent surgery on both
of his knees. Immediately, post-op, he was prescribed
"cold therapy" by his surgeon to be used 24/7. Mr. Thompson brought
home the cold therapy unit that
he had been using in the hospital and continued around the clock
usage. The pads for the cold therapy
were wrapped around both of his knees, over his dressings
(bandages). After a few days when he went
to have his knees re-checked by his surgeon, both knees were black
from frostbite with full-thickness
tissue damage, requiring skin grafts on both knees. The issues in
this case were the manufacturer's hazard
management of potential frostbite injuries, including device design,
usage, and on-product instructions
and warnings. Questions and Answers.
Learning Objective:
Describe the effective testimony presentation
techniques demonstrated in the mock trial.
Jeffrey N. Catalano, Esq., is a partner and
trial lawyer in the Boston firm of Todd & Weld. He received
his BA from the University of Scranton and his JD from Boston
College Law School. Attorney Catalano
was elected to the Board of Governors for the Massachusetts Academy
of Trial Attorneys, and was
appointed Chairman of Massachusetts Bar Association's Civil
Litigation Section Council. Attorney
Catalano was recently named a "Massachusetts Super Lawyers Rising
Star" in Boston Magazine.
Allison G. Vredenburgh, PhD, CPE is principal of Vredenburgh and
Associates Inc., a California firm
which consults in human factors, ergonomics, and safety. Dr.
Vredenburgh received her BA from the
University of California, her MS from the University of Southern
California and her PhD from the
California School of Professional Psychology. She has published
dozens of studies in the areas of human
factors, safety and psychology. Dr. Vredenburgh has served as an
expert witness for hundreds of personal
injury and products liability cases. She has testified in Municipal,
Superior and Federal District Courts.
Prior to consulting, she worked in the aerospace industry, where she
developed an emergency preparedness
program plan, administered the performance improvement program, and
developed and conducted
numerous employee training programs.
OR
How to Build and Manage a Premier
Forensic Consulting Practice
Ward Brian Zimmerman, PhD, MBA, CSSC, AVA
Mr. Zimmerman will share
cost-effective techniques he has used to build a highly successful
consulting
practice. He will discuss fee setting, billing, time and personal
management, quality control, forms,
checklists, protocols, and marketing. Mr. Zimmerman will offer
practical suggestions on how to maintain
your integrity and credibility while at the same time, devising a
strategic plan for increased professional
exposure and assignments. Questions and Answers.
Learning
Objective: Describe techniques for how to
increase your revenues while maintaining your credibility and
integrity.K
Ward Brian Zimmerman
,
PhD, MBA, CSSC, AVA is the president and CEO of EnterpriZ Economic
Consulting LLC in Boone, NC. Dr. Zimmerman received his BA, MBA, and
PhD from the University
of Kansas. He is an economic expert who specializes in lifetime
earning analysis and future financial
needs. Dr. Zimmerman has written and lectured extensively about
forensic economic issues and is an
experienced expert with over 1,000 economic reports in 44 states. He
worked on a pro-bono basis for the
September 11th Victims Compensation Fund.
2:05-2:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:15-3:05Daubert-Proofing
your CV-Expertise and Qualifications
Stephen A. Batzer, PhD, PE
Dr. Batzer will discuss the professional
implications of recent court rulings regarding the admissibility
of expert witness testimony. Ways to quickly and effectively increase your
technical qualifications are outlined,
covering what credentials are important to the various audiences
involved in litigation and criminal
proceedings. Affidavits in response to Daubert challenges are
outlined with the crucial matters relevant
to the gatekeeper detailed. The differences between expertise and
qualifications are given, along with the
relevance to the expert witness. Real life examples are given, and
the session will conclude with question and-
answers. Questions and Answers.
Learning Objective:
Describe strategies to withstand legal challenges to
your qualifications.
Stephen A. Batzer, PhD, PE is a Director of the
Engineering Institute LLC located in Farmington, AR.
He received his BS and PhD in Mechanical Engineering from Michigan
Technological University and
his MS in manufacturing systems engineering from the GMI Engineering
and Management Institute.
Dr. Batzer has written and lectured extensively on forensic
engineering issues and is an experienced expert
witness. Dr. Batzer is an instructor at ASM International and is
also an adjunct professor, Mechanical
Engineering Department at the University of Arkansas. He currently
gives expert testimony regarding the
crashworthiness of vehicles and is a national figure on the topic of
automotive safety.
OR
View from the Trenches:
Successful Expert Witness Testimony
Harold J. Friedman, Esq.
Attorney Friedman will discuss the numerous ways
experts hurt their testimony and credibility when
testifying. He will review acting toward opposing counsel as the
enemy, arguing with the judge and
counsel, blind advocacy and looking and sounding result oriented.
Attorney Friedman will offer practical
advice on how to humanize the expert so the jury is receptive to the
information the expert is offering.
Questions and Answers. Learning Objective: List techniques to
present more effective expert testimony.
Harold J. Friedman, Esq. is a partner and trial
attorney in the Portland, Maine law firm of Friedman,
Gaythwaite Wolf & Leavitt. He has extensive experience in all
aspects of civil litigation, with an
emphasis on tort cases involving catastrophic injuries. Attorney
Friedman is a fellow of the International
Academy of Trial Lawyers, and a member of the Product Liability
Advisory Council and the International
Association of Insurance Defense Counsel. He is also a former
Director of the Defense Research Institute
as well as the Vice Chairman of the Products Liability Committee of
the Defense Research Institute.
Attorney Friedman is a past President of the Northern New England
Defense Counsel Association,
past Chairperson of the Federal Practice Section of the Maine State
Bar Association, and was on the
Steering Committee of the Federal Court Advisory Panel. A former
instructor at the University of Maine
Law School on trial techniques, he is also an active lecturer on
litigation topics in Maine, nationally, and
internationally. He tries cases nationwide.
3:05-3:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:15-4:15Marketing and
Building a Premier Forensic/Expert Witness Practice: What
Works
Michael G. Kaplan, MBA, CPA, CVA, CFFA
Mr. Kaplan will review the techniques used to
network and build a steady stream of referrals. He will
discuss tracking of results, speaking, writing, reputation, quality
work, advertising, the internet, and
building word of mouth. He will demonstrate how specific types of
cases can help build your firm's
reputation and exposure. Mr. Kaplan will offer practical suggestions
for cost-effectively building a premier
forensic/expert witness practice. Questions and Answers.
Learning
Objective: Discuss the benefits and
drawbacks of numerous techniques to expand your expert witness
practice.
OR
Knocking Expert Witnesses Out of the
Box: What Experts Need to Know
John C. McMeekin II, Esq.
Attorney McMeekin will discuss the multiple and
diverse strategies attorneys will employ to preclude or
limit expert witnesses from testifying. Attorney McMeekin will
review the procedures used to preclude
expert testimony and the implications for experts who have their
proposed testimony excluded. He will
explain how the relevant experience, methodology, and protocol of
the expert may be used to prevent or
support her testimony. Attorney McMeekin will offer practical advice
to experts on what they can do
to prepare for their opinions to be challenged. Questions and
Answers.
Learning Objective:
Summarize
multiple strategies attorneys will employ to preclude or limit
expert testimony and describe what experts can do to
prepare for such challenges.
John C. McMeekin II, Esq. is a Partner of Rawle
& Henderson LLP in the Philadelphia office, the
Nation's oldest law offices. He concentrates his law practice in the
areas of environmental, toxic and mass
torts, products and professional liability and insurance coverage
litigation. He represents clients in the
United States and abroad as National Coordinating Counsel and local
trial counsel in the defense of
long-term latent injury and defect, chemical exposure and product
liability cases. He received his BA
from Bucknell University and his JD, magna cum laude from the
University of Baltimore School of Law.
Attorney McMeekin has written, lectured and litigated extensively on
expert witness issues. He was
recognized as a Pennsylvania "Super Lawyer" by Philadelphia Magazine
in 2005 & 2006. He was also
recognized as a Top 40 under 40 attorney in Pennsylvania by the
Legal Intelligencer.
4:15-5:30RECEPTION:
NETWORKING OPPORTUNITY
7:00-8:00Continental
Breakfast
8:00-9:00A View
From The Bench
Justice Patricia Ann Hurst
Justice Hurst will review some of the common
mistakes expert witnesses make when testifying including:
failing to effectively communicate the facts and science behind the
opinion; acting as an advocate and
trading barbs and doing combat with opposing counsel; failing to
maintain a professional demeanor;
and refusing to concede minor and obvious points. Drawing upon years
of exit interviews with jurors,
she will provide valuable information about what jurors expect and
appreciate and what turns jurors off.
Justice Hurst will offer practical suggestions for maintaining your
credibility and integrity without self destructing.
Questions and Answers.
Learning Objective:
List the common mistakes experts make and describe ways to avoid
these mistakes.
Honorable Patricia A. Hurst is a senior trial
justice with the State of Rhode Island Superior Court.
She was appointed to the Bench in 1990 and, since then, her
assignments have included presiding over
complex civil jury trials and civil discovery proceedings. By
special assignment of the Presiding Justice of
the State of Rhode Island Superior Court, Justice Hurst has managed
and tried multi-party and complex
litigation including cases involving multifaceted constitutional
issues, intricate legal and factual questions,
and evidence of a highly technical and scientific nature. Justice
Hurst also pioneered the use of modern
jury techniques in the Rhode Island state trial court including the
use of preliminary charges, juror note
taking, and other innovations. She also was awarded the state trial
lawyers' association Judicial Merit
Award in September 2001, and received certificates of special
recognition and accomplishment from the
Congress of the United States of America House of Representatives
and Senate and from the Governor
of the State of Rhode Island.
9:00-10:00Dealing with
Difficult Attorneys
Thomas G. Gutheil, MD
Dr. Gutheil will discuss and demonstrate with
examples how to effectively deal with difficult attorneys
including those who are: contract changing, withholding, seducing
and coercing, and use phantom
expert's last minute blues, screaming and emotional and oppressive
techniques. He will demonstrate
how to use gentle and appropriate humor to defuse potentially
embarrassing and difficult confrontations.
Questions and Answers. Learning Objective: Describe how to
effectively deal with difficult attorneys.
Thomas G. Gutheil, MD is Professor of Psychiatry
at the Harvard Medical School. Dr. Gutheil has
been associated with the Massachusetts Mental Health Center, Boston,
for more than a third of a century
and has served as a staff member there for 31 years. A nationally
known teacher, lecturer, author and
consultant on medicolegal issues, risk management and malpractice
prevention, Dr. Gutheil is the first
Professor of Psychiatry in the history of the Harvard Medical School
to be board certified in both general
and forensic psychiatry. Dr. Gutheil is a graduate of Harvard
College and Harvard Medical School. He is
currently Assistant Director of Medical Student Training and
Co-Director of the Program in Psychiatry
and the Law, Mass. Mental Health Center. He is also former Visiting
Lecturer, Harvard Law School;
Lecturer in Psychiatry, Tufts Medical School; President, Law &
Psychiatry Resource Center; Special
Consultant to the Risk Management Foundation of the Harvard Medical
Institutions; and Affiliate
Member, Boston Psychoanalytic Society & Institute. As a twice-board
certified Forensic Psychiatrist, he
has served as consultant or expert witness on cases in forty states.
10:00-10:15BREAK AND
NETWORKING OPPORTUNITY
10:15-11:15Preparing for
Your Deposition and Trial: What Every Expert Should Do
Daniel I. Small, Esq.
Attorney Small will explain the importance of expert
witness preparation and will demonstrate the
disasters that result from ill-prepared experts. He will discuss the
difference between preparation and
coaching, and will show how to level the playing field for expert
witnesses. Attorney Small will offer
suggestions on how experts should be prepared by retaining counsel
and offer practical advice on how
experts can "go the extra mile" while preparing by themselves.
Questions and Answers.
Learning
Objective: Describe how to better prepare to testify.
Attorney Daniel I. Small is a partner and trial
attorney in the Miami office of Duane Morris. He
received his BA from Harvard College and his JD from Harvard Law
School. Attorney Small practices
in the area of litigation, focusing on witness preparation,
securities litigation, government investigations,
healthcare litigation, white collar criminal law and complex civil
litigation. He has extensive jury trial and
other litigation experience. Prior to entering private practice, he
was a prosecutor for the U.S. Department
of Justice, during which time he tried RICO, corruption, financial
and regulatory cases. Attorney Small
has written several books on litigation for the ABA, including
Preparing Witnesses and Going To Trial, that
are used in CLE programs throughout the country and was Lecturer on
Law at Harvard Law School. He
is a frequent television, radio and newspaper commentator.
11:15-12:15Using
Cross-Examination as an Opportunity: Techniques for Experts
David S. Davis, PhD
Dr. Davis will discuss how certain easy to use
techniques can be employed in cross-examination so that
the cross can be used as an additional tool to further communicate
the primary "takeaways" of expert
testimony. He will explain that many experts see cross examination
as a process to get through without
making mistakes or exposing vulnerabilities in their testimony.
Lawyers further reinforce this perspective
by telling experts that they will be able to "clean up" for the
witness during re-direct. In fact, done
properly, cross examination can be seen as an additional opportunity
to communicate key messages to
fact-finders. Dr. Davis will demonstrate how experts can practice
the use of easy to learn techniques
to deal with "diffi cult" questions and be prepared to deal with
questions that they believe may expose
vulnerabilities in their testimony. He will offer expert witness
practical suggestions on developing
"home bases," taking control of the cross, using techniques like
"admit/deny," "letting go of the rope,"
"sorting through the junk mail," "standing your ground" and sending
the right message while under
attack. Questions and Answers.
Learning Objective:
Identify techniques to use cross-examination to further
communicate "takeaways" to the fact finder.
David S. Davis, PhD is a founder of and
principal in RandD Strategic Solutions. Dr. Davis specializes
in the development of trial strategy and tactics; jury selection and
voir dire; shadow juries; witness
preparation; order of evidence; opening/closing statements; the
development of themes and arguments;
demonstrative evidence preparation; teaching persuasive techniques;
the estimation of case outcome,
including damage awards; and the evaluation of outcomes of different
trial approaches. Dr. Davis is a
frequent speaker at law firms, bar association meetings, and other
legal functions. He has been frequently
quoted by many publications, including the New York Times, Los
Angeles Times, Wall Street Journal, and
Washington Post. Dr. Davis is the co-author of Jury
Persuasion: Psychological Strategies and Trial Techniques as
well as many published articles on the psychology of jury
persuasion.
12:15-1:15LUNCH PROVIDED
WITH FACULTY-NETWORKING OPPORTUNITY
1:15-2:05Breakout
Sessions: Choose One
It's OK Not to be Perfect:
Increasing Your Credibility
Bary A. Cohen, Esq.
Attorney Cohen will utilize media clips from trials
and depositions to demonstrate how to increase your
credibility as an expert witness. He will discuss: the ability to
say "I Don't Know," making concessions
appropriately, fighting the correct battles, likeability, being
genuine, self-image and not having to be the
smartest person in the room. Attorney Cohen will use examples from
several of his high profile cases
to help experts understand how to connect with jurors and make them
want to believe.
Questions and
Answers.
Learning Objective: List multiple methods to connect with and
persuade jurors.
Barry A. Cohen, Esq. is the senior partner at
Cohen, Jayson & Foster, P.A., in Tampa, Florida, a boutique
litigation firm that is engaged in white-collar criminal defense,
complex commercial cases, product liability
and medical malpractice. A lawyer's lawyer, Cohen is perhaps most
well known and respected for the
commitment, tenacity and resourcefulness that he brings to bear on
behalf of his clients. According to The
Tampa Tribune, "the most telling indication of Barry's courtroom
reputation is this: When judges and
lawyers need an attorney, it is Barry they often hire." Over the
years, Cohen has represented numerous
judges and public officials on a variety of civil and criminal
matters. He won the nation's largest verdict
in 1995 in a wrongful death lawsuit in the sum of $500 million on
behalf of the parents of a young boy
who inhaled toxic fumes from improperly disposed chemicals. In
addition, Cohen and his firm exposed
the injustices perpetrated by the U.S. Government and the
Hillsborough County Sheriff 's Office in the
case against Steven and Marlene Aisenberg, whose baby daughter
Sabrina vanished in 1997. An AV
rated lawyer, Barry A. Cohen is listed in The Best Lawyers in
America for the years 1985 through 2005, and
in Martindale-Hubbell's Bar Register of Preeminent Lawyers.
OR
Direct and Cross-Examination:
How Experts Can Excel
Bernard Guekguezian, Esq.
Attorney
Guekguezian 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
Guekguezian will show how the
expert's opinion can be driven home in a forceful and
believable way under direct examination. Attorney Guekguezian will
discuss the preparation of expert witnesses for cross-examination.
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. Attorney Guekguezian will provide
practical suggestions on how to survive and thrive during
cross-examination.
A. Bernard
Guekguezian,
Esq. is a partner and trial attorney in
the Boston, MA firm of Adler, Cohen, Harvey,
Wakeman & Guekguezian. He received his
BA from Harvard University and his JD
from Vanderbilt University School of Law. Attorney Guekguezian
is an experienced trial attorney concentrating in malpractice, product
liability, toxic torts, and personal
injury. Attorney Guekguezian is regional
counsel (New England) for a national company in the asbestos litigation,
he is counsel in Massachusetts and Rhode Island to several other
national companies in the asbestos litigation, and is Massachusetts
counsel for a national company in the latex glove litigation. He is also
Massachusetts counsel in general business litigation matters for a
Fortune 500 high-tech company and has successfully represented a number
of other Fortune 500 companies in litigation matters. Mr.
Guekguezian's practice also includes
representation of health care professionals before administrative
boards. He has served as an instructor for
MCLE training programs. Attorney Guekguezian was selected, based
on a vote of all licensed attorneys in our state and a review by an
independent blue ribbon panel, as a "Super
Lawyer,"
as published in Boston Magazine, 2004-2006.
2:05-2:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
2:15-3:05Advanced
Deposition Skills for Expert Witnesses
Howard
Bruce Klein, Esq.
Attorney Klein will discuss
how to prepare for and respond to the most challenging questions experts
face at deposition. He will cover how to deliver the opinion and the
bases for the opinion most effectively at the deposition. He will
discuss how the new procedural rules now require the expert report to be
as complete as possible prior to deposition, and how the report impacts
what experts face at the deposition itself. Attorney Klein will stress
dealing with both opposing and retaining counsel in light of the fact
that all exchanges with retaining counsel are not privileged and
are subject to discovery. Finally, he will discuss how preparation for
the deposition and the deposition itself are carried out with an eye
toward how it plays out at trial. Questions and Answers.
Learning Objective: Describe strategies
to better perform in preparation of the expert report, at deposition,
and at trial.
Howard Bruce Klein
practices in his own firm and limits his practice to white collar
criminal defense, civil litigation, defense of Medicare and Medicaid
prosecutions, and False Claims Act Litigation (Plaintiff and Defense
representations. He is a leading trial lawyer and legal educator,
having tried numerous jury trials in 30 years of experience, primarily
in the federal courts. Before opening his own practice, he was a partner
and former Litigation Department Chairman at Blank Rome LLP in
Philadelphia. Prior to that, he was Chief of the Criminal Division of
the U.S. Attorney's Office in Philadelphia. Mr. Klein is also Director
of In-House training for ALI-ABA, conducting in-house litigation skills
workshops for law firms and government agencies in the areas of Trial
Advocacy, Depositions (lay and expert witnesses), Motions Practice and
Evidence. He is an adjunct professor at Temple Law School, teaching
Trial Advocacy and Evidence. He previously taught at the Attorney
General's Advocacy Institute and has lectured widely on topics relating
to trial advocacy, the federal criminal justice system, defense of
Medicare/Medicaid fraud cases and qui tam litigation. He is the author
of the Deposition Handbook, published by ALI-ABA. He is a 1976 graduate
of Georgetown Law School, and is a former law clerk to a Justice of the
Wisconsin Supreme Court. He is listed in Best Lawyers in America and
Pennsylvania Superlawyers.
OR
Writing the Expert Report
Jeffrey D. Zwirn, CPP, CFPS, CFE, DABFET, CHS-III, SET
Mr. Zwirn will explain the protocol he uses before
he writes his reports including mastering and verifying
the facts, utilization of investigative interviews and report
preparation. He will discuss the importance of
using objective references, materials, standards and publications to
support an opinion. Mr. Zwirn will
discuss formatting, computer aides, proofreading, drafts, and the
finalization of writing scientific expert
reports. Questions and Answers.
Learning Objective:
Describe a protocol for producing high quality expert
reports.
Jeffrey D. Zwirn, CPP, CFPS, CFE, DABFET,
CHS-III, SET is a security and alarm expert and
President of IDS Research and Development, Inc., in Teaneck, New
Jersey. Mr. Zwirn has developed,
designed, serviced, installed, and monitored thousands of access
control, fire alarm, and security systems
for commercial, industrial, and residential clients. Mr. Zwirn has
served as an instructor for the NYPD
Police Training Academy, International Security Conference, ASIS,
museum library, and cultural property
protection committee and many other associations and organizations.
Mr. Zwirn has developed training
curriculum and written alarm and security test examinations for the
New York City Police Department
and the Joint Terrorist Task Force. Mr. Zwirn is also a member of UL
and NFPA technical committees.
Mr. Zwirn has been involved in hundreds of cases over the last 26
years including the Revelle murder case.
3:05-3:15BREAK AND
NETWORKING OPPORTUNITY
Breakout Sessions: Choose One
3:15-4:15Advanced Expert
Techniques
Alison Vredenburgh, PhD, CPE
Dr. Vredenburgh will discuss how to optimize
relationships with retaining counsel and even opposing
counsel (who might be your next client). She will explain how to
avoid expert abuse from your client and
opposing counsel. Dr. Vredenburgh will discuss how an experienced
expert effectively diagnoses difficult
questions and situations and will demonstrate how to deal with them
effectively. Questions and Answers.
Learning Objective: List advanced techniques to be a better and more
successful expert witness. (Time will be set
aside at the end of this talk to complete course evaluations.)
Allison G. Vredenburgh, PhD, CPE is principal of
Vredenburgh and Associates Inc., a California firm
which consults in human factors, ergonomics, and safety. Dr.
Vredenburgh received her BA from the
University of California, her MS from the University of Southern
California and her PhD from the
California School of Professional Psychology. She has published
dozens of studies in the areas of human
factors, safety and psychology. Dr. Vredenburgh has served as an
expert witness for hundreds of personal
injury and products liability cases. She has testified in Municipal,
Superior and Federal District Courts.
Prior to consulting, she worked in the aerospace industry, where she
developed an emergency preparedness
program plan, administered the performance improvement program, and
developed and conducted
numerous employee training programs.
OR
Bulletproofing Your Fee Schedules and
Agreements
James J. Mangraviti, Jr., Esq.
Attorney Mangraviti will review the common problems
experts face as expert witnesses and provide
examples with sample language of how experts are addressing these
problems in their fee schedules and
agreements. These problems covered will include: conflicting the
expert out of the case, non-payment
of fees, late payment of fees, last minute cancellations, travel and
other expenses not being promptly
reimbursed, scheduling conflicts, and getting stuck in a case.
Complete sample fee agreements and
schedules will be provided. Questions and Answers.
Learning Objective:
Describe techniques to improve
an expert's fee schedules and agreements.
(Time will be set
aside at the end of this talk to complete course
evaluations.)
James J. Mangraviti, Jr., Esq., has trained
hundreds of expert witnesses across the United States and
Canada. He is a former litigator with experience in defense and
plaintiff personal injury law and insurance
law. He currently serves as Vice President and General Counsel of
SEAK, Inc. Attorney Mangraviti
received his BA degree in mathematics summa cum laude from
Boston College and his JD degree
cum
laude from
Boston College Law School. His publications include the texts
Cross-Examination:
The
Comprehensive Guide for Experts, National Guide to Expert Witness
Fees and Billing Procedures, Writing and
Defending Your IME Report, How to Excel During Cross-Examination:
Techniques for Experts That Work,
How to Excel During Depositions: Techniques for Experts That Work,
The Comprehensive Forensic Services
Manual: The Essential Resources for All Experts, Writing and
Defending Your Expert Report: The Step-by-Step
Guide with Models,
and How to Become a
Dangerous Expert Witness: Advanced Techniques and Strategies.