Audio CD + Course Book

Ultimate Guide to Expert Witnesses

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77795CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • GA CLE - 12.00
From Event: Ultimate Guide to Expert Witnesses, held December 2017.

Program Description

You need to make sure your experts can shore up your case, using their knowledge in the most favorable way possible. Are you strategically using the court rules to maximize the effectiveness of your experts while discounting the validity of opposing experts' experience, methodology and more? What if you could tap into the knowledge of veteran litigators who have years of experience getting key information from experts and answering these questions? In this focused legal guide, seasoned civil litigators will provide expert witness strategies and practical insights on using your experts to full advantage - while preventing the opposing party from doing the same. From hire to trial, gain real-world best practices and so much more - order today!

Course Content

Day 1

  1. A Judge's Perspective on Expert Witnesses
  2. A Lawyers Brief on Hiring an Expert Witness
  3. Working with Expert Consultants/Advisors - Legal Traps and Strategies
  4. Discovery of Expert Witnesses - Views From Both Sides
  5. Applying the Rules to Expert Reports
  6. Preparing Your Expert for Deposition
  7. Deposing the Opposing Expert

Day 2

  1. Qualifying the Expert's Opinion
  2. Admission Hurdles for Expert Testimony
  3. How to Block the Opposing Expert's Testimony
  4. Direct Examination
  5. Cross-Examination
  6. Redirect and Re-Cross Examination Techniques
  7. Ethical Considerations for Working with Experts

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 GA - Credit Approval Expiration 12/20/2018 *


* denotes specialty credits

Agenda / Content Covered

Day 1

  1. A Judge's Perspective on Expert Witnesses
    9:00 - 9:45, Hon. Kimberly M. Esmond Adams
  2. A Lawyers Brief on Hiring an Expert Witness
    9:45 - 10:30, Thomas Richelo
    1. How to Find an Expert Witness, Including the Timing of the Selection
    2. Looking at Credentials
    3. How to do an Expert Witness Response
    4. How to do an Expert Witness Affidavit
    5. What an Expert Witness Retainer Agreement Should Include
    6. Qualifying an Expert Witness
    7. What an Expert Witness Should Know About Court Proceedings
    8. Should you Always Subpoena an Expert Witness and/or Job File and What to Include in the Subpoena
  3. Working with Expert Consultants/Advisors - Legal Traps and Strategies
    10:45 - 11:30, LeeAnn Jones
  4. Discovery of Expert Witnesses - Views From Both Sides
    11:30 - 12:15, LeeAnn Jones
    1. Work Product Doctrine
    2. What's Discoverable? Consulting vs. Expert Witnesses (i.e. Emails)
    3. Prior Deposition and Trial Testimony
    4. Prior Expert Reports
    5. Discovery of Materials Used by Experts
    6. Additional Discoverable Information
  5. Applying the Rules to Expert Reports
    1:15 - 2:15, Charles Hoffecker
    1. Should an Expert Report be Prepared?
    2. The Logistics of Obtaining and Requesting Expert Reports
    3. Materials to Give to the Expert (and to Withhold)
    4. Preparing and Analyzing the Report - Top Mistakes That Need to be Avoided
    5. Using Expert Reports to Negotiate and Litigate Damages
    6. Using Expert Reports to Support/Oppose Motions for Summary Judgment
  6. Preparing Your Expert for Deposition
    2:30 - 3:30, Thomas Richelo
    1. Ensuring Your Expert Understands the Deposition Procedure
    2. Different Questioning Techniques For Expert Witnesses
    3. Demonstrative Proofs From Expert Depositions
    4. Critical Documents Experts Need for Deposition
    5. Opposing Counsel Questions and Goals: Does Your Expert Understand?
    6. Increasing Expert Effectiveness in Video Depositions
  7. Deposing the Opposing Expert
    3:30 - 4:30, Thomas Richelo
    1. Do you Depose the Expert (Where it's Permitted)?
    2. Getting and Reviewing the Expert's File
    3. Ensuring Proper Deposition Timing
    4. Objections and Responses
    5. Deposing Difficult Experts
    6. Using Depositions at Trial: Practical Tips

Day 2

  1. Qualifying the Expert's Opinion
    9:00 - 9:50, Troy R. Covington
    1. Daubert/Frye Gatekeeping Standards: An Overview
    2. Expert Character, Competency and Qualifications
    3. Is the Expert's Methodology Acceptable?
  2. Admission Hurdles for Expert Testimony
    9:50 - 10:40, Charles Hoffecker
    1. Admissibility of Non-Scientific Expert Testimony
    2. Admissibility of What you Give Your Expert
    3. The Expert's Opinion: is it Hearsay?
    4. Limits for Expert Opinions and the Use of Inadmissible Evidence
  3. How to Block the Opposing Expert's Testimony
    10:55 - 11:45, Troy R. Covington
  4. Direct Examination
    12:45 - 1:35, Lucas W. Andrews
    1. Qualification Questions That Illustrate Experience
    2. Humanizing the Expert: Helpful Tips
    3. Using Hypotheticals to Show Relevancy
    4. The Expert's Opinion: What Supporting Evidence Must They Give?
    5. Framing Questions to Build Logical Connections
    6. Magnifying Expert Credibility
    7. Using Experts to Create Exhibits
    8. The Expert as a Teacher: Presentation Best Practices
  5. Cross-Examination
    1:35 - 2:25, Lucas W. Andrews
    1. Remember, it's Not About You
    2. Exploiting Weaknesses in the Expert's Testimony
    3. Illustrating the Invalidity of the Expert's Methodology
    4. Objections
    5. Using the Expert's Report Against Them
  6. Redirect and Re-Cross Examination Techniques
    2:40 - 3:30, Lucas W. Andrews and Gregory R. Hanthorn
  7. Ethical Considerations for Working with Experts
    3:30 - 4:30, Gregory R. Hanthorn and James Spung
    1. Roles of Testifying Experts, Non-Testifying Experts, and Employees With Expert Qualifications
    2. Confidentiality and Privileged Communications with Experts in Federal and State Courts
    3. Work Product Doctrine
    4. Ethical Issues Surrounding Expert Fees
    5. Avoiding Conflicts of Interest for Lawyer and Expert Applying Their Differing Rules
    6. Hypotheticals Based Real Life Scenarios

HON. KIMBERLY M. ESMOND ADAMS has served as a Superior Court Judge of Fulton County since 2009.

LUCAS W. ANDREWS is of counsel at Huff, Powell & Bailey, where he maintains a broad commercial litigation and trial practice, with lead counsel experience in jury trials, federal appeals, and arbitration and administrative hearings. Mr. Andrews works extensively with expert witnesses in varied disciplines and is versed in the substantive law and practical considerations surrounding expert witnesses. He is a member of the State Bar of Georgia. Mr. Andrews earned his B.A. degree, cum laude, from Dartmouth College and his J.D. degree, with distinction, from Emory University.

TROY R. COVINGTON is counsel in the law firm of Bloom Sugarman, LLP. In his role with Bloom Sugarman, LLP, he counsels clients on business matters involving trademark and trade secret claims, contract disputes, corporate governance disputes, partnership disputes, business torts, church governance disputes, and lender liability. Mr. Covington is broadly experienced in litigation, having represented clients at every level of the state and federal courts in Georgia. He graduated, summa cum laude, with a B.A. degree in history and political science from Birmingham-Southern College before earning his J.D. degree from Vanderbilt University Law School. Mr. Covington is admitted to practice in Georgia and before the U.S. District Court for the Northern, Southern and Middle districts of Georgia; and the U.S. Court of Appeals for the Federal and Eleventh circuits.

GREGORY R. HANTHORN is a member of the business and tort litigation practice at Jones Day. For more than 30 years, Mr. Hanthorn has been successfully trying disputes ranging from multi-month jury and bench trials to "no discovery" arbitrations. He has extensive experience in fiduciary litigation and class actions and in major product liability, construction, federal Fair Credit Reporting Act, and leveraged buyout fraud litigation. Currently, he serves as co-chair of the Federal Practice Task Force of the Litigation Section of the American Bar Association and is a past chair of the Ethics and Professionalism Committee for the Litigation Section of the American Bar Association. In addition to membership in the American and Atlanta bar associations, Mr. Hanthorn is a fellow of the American Bar Foundation, a Lifetime Fellow of the Atlanta Bar Foundation and a member of the Federal Bar Association. Mr. Hanthorn earned his J.D. degree, with distinction, from the Emory University School of Law and graduated, summa cum laude, from Berry College.

CHARLES HOFFECKER is an attorney with Ney Hoffecker Peacock & Hayle, where his practice focuses primarily on representing clients in employment litigation, contract litigation, commercial/business litigation and liability litigation. He has extensive trial experience in both state and federal courts throughout the country. Mr. Hoffecker also regularly conducts arbitrations, mediations and appears in state and federal appellate courts on behalf of the firm's clients. Prior to forming Ney Hoffecker Peacock & Hayle, he practiced law at one of the Southeast's leading litigation firms and also served as an assistant attorney general in the Georgia Department of Law. Mr. Hoffecker is a member of the State Bar of Georgia and is admitted to practice before the U.S. District Court for the Northern, Middle and Southern districts of Georgia. He earned his B.A. degree, with honors, from Albion College; and his J.D. degree from Valparaiso University School of Law.

LEEANN JONES is a partner in the law firm Taylor English Duma LLP, where she is a member of the firm’s litigation and dispute resolution group. Ms. Jones is a trial lawyer with 30 years of experience handling a wide variety of complex litigation matters in federal and state courts and arbitration proceedings, including business and commercial litigation, personal injury and product liability defense, as well as class and collective actions. She is also qualified as a mediator, arbitrator and is a registered neutral with the Georgia Office of Dispute Resolution. Ms. Jones is a member of the State Bar of Georgia (Dispute Resolution, General Practice & Trial Law, Product Liability, and Tort & Insurance Practice sections), the American Bar Association (Litigation and Torts and Insurance Practice sections), the Atlanta Bar Association (Litigation, Dispute Resolution, and Women in the Profession sections), and the Stonewall Bar Association. She is admitted to practice law in Georgia; the U.S. Supreme Court; the U.S. Court of Appeals for the 3rd, 6th and 11th circuits; the U.S. District Courts for the Northern and Middle districts of Georgia; the Supreme Court of Georgia; and the Georgia Court of Appeals. Ms. Jones earned her A.B. and J.D. degrees, magna cum laude, from the University of Georgia.

THOMAS RICHELO is chief executive officer and practices in the areas of construction and design law, surety law, commercial and business litigation, employment contract litigation, civil litigation, and mediation and arbitration (client representation and service as the neutral). Since 1981, he has worked with hundreds of contractors, subcontractors, owners, developers, architects, engineers and other construction industry participants to manage the challenges of ongoing projects and to resolve disputes. Mr. Richelo's skills in negotiation, mediation, arbitration and litigation of construction matters are put to use in other commercial dispute settings, including disputes between shareholders and competitors, claims for executive compensation and commissions, creditor's claims, and other disputes arising from business transactions. Besides representing clients in dispute resolution, he offers his services as a neutral mediator or arbitrator of construction matters. Mr. Richelo is a member of the Atlanta Bar Association, the State Bar of Georgia, the American Bar Association, the American Arbitration Association Panel of Construction Arbitrators and the American Arbitration Association Panel of Mediators. He earned his A.B. degree, magna cum laude, and his J.D. degree, with distinction, from Duke University.

JAMES SPUNG is an attorney with Jones Day, where has been involved in a broad range of civil litigation matters before many federal and state courts. His practice includes defending corporate clients in multi-jurisdictional complex litigation, securities litigation, shareholder actions and derivative suits, commercial contract disputes, and government investigations. In addition, Mr. Spung has represented clients in commercial disputes before the American Arbitration Association, and he is a member of a team that represents one of the three major consumer reporting agencies in its national defense of consumer litigation cases under the Fair Credit Reporting Act. His experience has included fact and expert depositions, as well as investigations, arbitration, settlement negotiation, mediation, witness preparation, motions practice, and managing large-scale discovery. Mr. Spung earned his J.D. degree, with honors, from Emory University School of Law and his B.A. degree, summa cum laude, from Whitworth University in Spokane, Washington.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Accreditation Details:

Continuing Legal Education

GA CLE: 12.00 Credit Approval Exp
12/20/2018
Includes - Ethics: 1.00, Trial Hours: 12.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 12.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.


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