Expert Witness Persuasion Skills Workshop
June 20, 2007
Hyannis, MA
Four Points by Sheraton Hyannis Resort
www.sheraton.com
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Executive Summary
Persuasion Skills for Expert Witnesses, teaches
experts the fine art of persuading judges and juries. To be
effective, an expert witness needs technical competence combined
with the ability to persuade the judge, jury or other fact finder.
This is an advanced course
designed for experienced experts who have already had some formal
expert witness training.
Persuasion Skills Workshop for
Experts will utilize
numerous hands on demonstrations to exemplify and reinforce the
persuasion skills and techniques taught in the course. Attendees
will learn many of the same advanced techniques that successful
trial lawyers use to persuade and convince. There will be
significant time set aside for questions and answers.
Here's what past attendees have to say!
"Excellent. Very informative. Taught skills that I
will definitely use"
" Top notch as always - many pearls - every section
very informative"
"Great practical information"
"High quality - typical SEAK"
"Really drew all attendees into the presentation to
share concerns and experiences"
"Continue with the good work. Audio was very good.
Good humor.
Maintained my attention all day"
"Great job. I liked it when you put the participant
on the spot forcing them
to evaluate their approach - I think that method of
teaching was effective"
"Excellent communicator"
"Very informed and organized"
Distinguished Faculty
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. 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. 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.
Tuition
The $395 tuition includes a continental breakfast,
breaks, lunch with faculty, a detailed manual which can be retained
as a bookshelf reference, and a dynamic learning experience.
Click here for registration information.
Continuing Education Information
Note: If your
specialty does not appear below and you desire credits, please
contact Karen Babitsky (781-261-9972 or Karen@seak.com). We can
often obtain desired credits upon request, but unfortunately,
obtaining some types of credits are not feasible. Please register
early, as we can only apply for credits after your registration form
has been received and it can take time to get the requested
approvals back from the accrediting agencies.
Accident Reconstructionists:
The ACTAR Continuing Education Unit has approved this program for
7.0 CEUs.
Accountants:
Earn 8.0 CPE credits in the field of study of Specialized
Knowledge and Applications. SEAK, Inc. is registered with the
National Association of State Boards of Accountancy (NASBA) as a
sponsor of continuing professional education on the National
Registry of CPE Sponsors. State boards of accountancy have final
authority on the acceptance of individual courses for CPE credit.
Complaints regarding registered sponsors may be addressed to the
National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite
700, Nashville, TN, 37219-2417. Web site: www.nasba.org For SEAK,
Inc.'s complaint and program cancellation policies please call SEAK,
Inc. at 508-457-1111. There are no prerequisites for this
introductory/intermediate group live program. No advanced
preparation is required.
Appraisers:
The American Society of Appraisers will accept 7.0 continuing
education hours for this program.
Attorneys:
Credit varies by state. Continuing legal education credits for
attorneys will only be applied for if requested in writing when
sending in the registration form for the conference. Please contact
Karen Babitsky (781-261-9972, Karen@seak.com) with any questions.
Engineers:
SEAK, Inc. has been reviewed and approved as an Authorized Provider
by the International Association for Continuing Education and
Training (IACET), 1620 I Street, NW, Suite 615, Washington, DC
20006. SEAK, Inc. will award .67 CEUs to participants who
successfully complete this program.
Nurses:
6.7 Contact Hours. This continuing nursing education activity
was approved by the Ohio Nurses Association (OBN-001-91) an
accredited approver by the American Nurses Credentialing Center's
Commission on Accreditation. ONA assigned #13,150. Approval valid
through October 26, 2008.
Physicians:
SEAK, Inc. is accredited by the Accreditation Council for Continuing
Medical Education to provide continuing medical education for
physicians. SEAK, Inc. designates this educational activity for a
maximum of 6.7 AMA PRA Category 1� Credits. Physicians should
only claim credit commensurate with the extent of their
participation in the activity.
Psychologists:
6.7 CE Credits. SEAK, Inc. is approved by the American
Psychological Association to sponsor continuing education for
psychologists. SEAK, Inc. maintains responsibility for this program
and its content. To receive credit each psychologist must attend the
entire program, sign in before the program, sign out after the
program and return a completed evaluation form. Partial credit is
not permitted. There are no prerequisites for this
introductory/intermediate group-live program.
Click here for Continuing Education Information.
8:00-9:30Executive
Summary for Persuasion Techniques for Expert Witnesses
An
opening mock trial demonstration followed by a an explanation of the
goals of the course and the interactive teaching methods the course
will employ, i.e. a combination of didactic lectures, questions and
answers, exercises, and mock trial demonstrations. The instructor
will preview and explain the numerous persuasion skills techniques
that will be taught and practiced in the course. Questions and
Answers. Learning Objective: Describe techniques to present
more persuasive expert testimony.
9:30-10:30Preparation
An
expert's ability to persuade is to a very large degree predicated on
how and how much the expert prepares. In this segment, the
instructor will explain the critical importance of proper
preparation as it relates to persuasion, provide numerous examples
and review a detailed check list of how experts should prepare, both
by themselves and with retaining counsel. Questions and Answers.
Learning Objective: Explain how to best prepare to deliver
expert testimony.
10:30-10:45BREAK &
NETWORKING OPPORTUNITY
10:45-11:15How to Best
Put Forth Your Qualifications
Experts must be able to put forth their own qualifications in such a
way that balances getting their qualifications in front of the jury
against the risk of overwhelming and boring the jury and appearing
pompous. In this segment, the instructor will explain how to strike
the correct balance, which qualifi- cations to highlight, and how to
show the jury that your qualifi- cations are particularly relevant
to the issues in the case at hand.
The instructor will demonstrate a nontraditional approach to
presenting qualifications and will further demonstrate with
attendees how they can best put forth their qualifications.
Questions and Answers. Learning Objective: List techniques
for how to best put forth your qualifications.
11:15-11:30Commenting on
the Opposing Expert and his/her Opinion
Experts in a case are almost always faced with a colleague working
for other parties proferring differing opinions. In this segment the
instructor will explain and demonstrate the optimum ways for
commenting on and discrediting the opposing expert's opinion while
avoiding disrespect for the expert himself and avoid appearing to be
an advocate. Questions and Answers. Learning Objective:
Describe techniques for how to comment on an opposing expert's
report without appearing to be an advocate.
11:30-12:00Developing a
Harmonious Interaction with Retaining Counsel
The
most effective direct examinations are characterized by a smooth and
balanced interaction between the expert and retaining counsel. In
this segment the instructor will explain and demonstrate how to
develop an optimum interaction such that the expert's testimony
appears spontaneous and not rehearsed, is succinct and substantive,
avoids long narratives, where the expert is not lead and where the
expert is able to read retaining counsel for signals as to when to
elaborate and when to move on. Questions and Answers.
Learning Objective: Discuss how to maintain a smooth and balanced
interaction between the expert and retaining counsel.
12:00-1:00LUNCH PROVIDED
WITH FACULTY
1:00-2:00Creating and
Using Powerful, Memorable Language and Analogies
A
cornerstone of persuasiveness is the ability to use powerful and
memorable language. Powerful language allows the expert to be
understood and memorable language allows the expert's testimony to
be easily recalled by the jury and easily referred to by retaining
counsel during summation. A crucial tool in using powerful,
memorable language is creating and using analogies to help explain
your technical expert testimony. In this segment the instructor will
explain the techniques for developing powerful, memorable language
and analogies and will work with attendees through exercises so that
they can develop new, powerful, memorable language and analogies
that they can use in future cases. Questions and Answers.
Learning Objective: List techniques for developing powerful
memorable language and analogies.
2:00-3:00Optimizing Your
Teaching Skills
The
most persuasive experts utilize the communication and persuasion
techniques employed by superb teachers. In this segment the
instructor will explain and exemplify the ten "teaching" techniques
that experts can use to make themselves more persuasive. The
instructor will also conduct exercises and demonstrations with the
attendees allowing them to further develop and improve their own
teaching skills. Questions and Answers. Learning
Objective: List teaching methods that can be used to improve the
persuasiveness of your expert testimony.
3:00-3:15BREAK AND
NETWORKING OPPORTUNITY
3:15-3:30Reading and
Bonding with the Jury
The
most persuasive experts are able to tweak their testimony to the
particular jury in question, build bonds with the jury and even
react midstream to the jurors' reaction to their expert testimony.
In this segment the instructor will explain how to read, build bonds
with and better persuade the jury. Questions and Answers.
Learning Objective: Describe ways to read, build bonds with and
better persuade the jury.
3:30-4:00Dealing with
Problem Areas and Weaknesses
No
expert's opinions, qualifications and credibility are 100%
bulletproof. Weaknesses and problem areas will always exist to a
greater or lesser extent. The time to first (and most effectively)
deal with and defuse such problem areas is during direct
examination, not cross. In this segment the instructor will explain
the importance of dealing with such problems head on during direct
examination and how to best do so. The techniques for dealing with
problems will also be demonstrated with volunteer attendees.
Questions and Answers.
Learning Objective:
Describe strategies to deal with a defuse problem areas during
direct examination.
4:00-4:30The Biggest
Mistakes Experts Can Make That Can Turn Off the Judge and Jury
Effective experts must avoid verbal and non-verbal conduct that is
likely to diminish their persuasiveness. In this segment the
instructor will explain and exemplify the biggest mistakes experts
make which can turn off a jury including a review of 25 indicators
of deceptiveness. Questions and Answers. Learning
Objective: Describe the biggest mistakes experts make that can turn
off judge and jury.
4:30-4:45Takeaways,
Conclusion, and Evaluation
The
instructor will answer any and all outstanding questions. The
instructor and attendees will then work together to develop a
"bullet-point" list of the most important concepts, techniques and
action steps learned in this workshop. Questions and Answers.
Learning Objective: List the most important concepts, techniques
and action steps learned in the program.