Live Seminar

Ultimate Guide to Expert Witnesses

Seminar

Date:

2 Day Seminar
Wednesday, March 28, 2018 -
Thursday, March 29, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78234ER

Location:

Four Points by Sheraton Lexington

1938 Stanton Way

Lexington, KY 40511

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 12.00

Program Description

Hone Your Expert Witness Skills and Apply the Rules Using Surgical Precision

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 program, seasoned civil litigators will provide expert witness strategies and practical insights on using your experts to their full advantage - while preventing the opposing party from doing the same. From hire to trial, gain real-world best practices and so much more - register today!

  • Learn how to get your expert's testimony admitted and keep theirs out.
  • Learn how to handle the ins and outs of direct and cross-examination from both perspectives.
  • Adhere to the rules impacting your expert's testimony to ensure your smoking gun is not ruled inadmissible.
  • Depose even a difficult witness with ease to get the crucial information you need.
  • Learn how to handle sticky privilege and work product issues.
  • Analyze your experts' reports to pinpoint mistakes that have case-devastating potential.
  • Find out steps you should take when regrouping after destructive testimony.
  • Thoroughly vet potential experts and find out what they need from you.
  • Find ways to protect your expert from traps set by opposing counsel.

Who Should Attend

This basic-to-intermediate level seminar shows attorneys how to best employ the rules governing expert witnesses in depositions, direct and cross-examination at trial, and more. Paralegals may also find it useful.

Course Content

Day 1

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

Day 2

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

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *


* denotes specialty credits

Agenda / Content Covered

Day 1

  1. A Lawyers Brief on Hiring an Expert Witness
    9:00 - 10:00, Escum L. Moore III
    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
  2. Working With Expert Consultants/Advisors - Legal Traps and Strategies
    10:00 - 11:00, Escum L. Moore III
  3. Discovery of Expert Witnesses - Views From Both Sides
    11:15 - 12:15, S. Coy Travis
    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
  4. Applying the Rules to Expert Reports
    1:15 - 2:15, S. Coy Travis
    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
  5. Preparing Your Expert for Deposition
    2:30 - 3:30, Andrew D. DeSimone
    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
  6. Deposing the Opposing Expert
    3:30 - 4:30, Andrew D. DeSimone
    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 - 10:30, Matthew T. Lockaby
    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
    10:45 - 12:00, Matthew T. Lockaby
    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. Direct Examination
    1:00 - 1:30, David M. Scott
    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
  4. Cross-Examination
    1:30 - 2:15, David M. Scott
  5. Redirect and Re-Cross Examination Techniques
    2:30 - 3:30, David M. Scott
  6. Ethical Considerations for Working With Experts
    3:30 - 4:30, Peter L. Ostermiller
    1. Confidentiality and Privileged Communications With Experts
    2. Work Product Doctrine
    3. Fees and the Expert Opinion
    4. Avoiding Conflicts of Interest
    5. Practical Examples - Real Life Scenarios

ANDREW D. DeSIMONE is a member of the law firm of Sturgill, Turner, Barker & Moloney, PLLC. His main areas of practice are health care law, medical malpractice defense, torts, and insurance. Mr. DeSimone is a member of the Central Kentucky American Inn of Court, the Defense Research Institute, the Kentucky Defense Counsel, the Kentucky Bar Association, and the Fayette County Bar Association. He is admitted to practice in Kentucky; and before the U.S. District Court, Eastern and Western Districts of Kentucky; and the U.S. Court of Appeals, Sixth Circuit. He earned his B.A. degree, cum laude, from Vanderbilt University and his J.D. degree from the University of Kentucky.

MATTHEW T. LOCKABY is the founder and managing partner of Lockaby PLLC, a boutique law firm that represents employees and employers in nearly every aspect of workplace law, as well as consumers and victims in class action litigation. In addition to prosecuting and defending discrimination, retaliation, and harassment claims, Mr. Lockaby provides day-to-day HR advice and counsel on a wide range of issues, including recruiting, hiring, disciplinary action, termination, and state and federal compliance. He also prepares for employers, and reviews for employees, employment contracts, non-compete and non-solicitation agreements, and separation and severance agreements. Mr. Lockaby earned his B.A. degree from Centre College and his J.D. degree, cum laude, from the Chase College of Law at Northern Kentucky University, where he was the executive editor of the Northern Kentucky Law Review. He has been voted by his peers as a Kentucky Super Lawyers Rising Star since 2013. Mr. Lockaby is a member of the American Bar Association (Section of Litigation Labor & Employment Law and Class Action and Derivative Suits Committee), the Kentucky Bar Association, and the Fayette County Bar Association.

ESCUM L. MOORE III is a partner with Moore & Moore, PLLC, where his plaintiff's practice is focused on medical negligence and personal injury. He is a member of the Kentucky, Fayette County and American bar associations; the Kentucky Justice Association; and the American Justice Association. Mr. Moore is admitted to practice before the U.S. District Court, Eastern District of Kentucky; the U.S. District Court, Western District of Kentucky; and the U.S. Court of Appeals, Sixth Circuit. He earned his B.A. degree from Centre College of Kentucky and his J.D. degree from the University of Kentucky. Mr. Moore is a director of Lawyer's Mutual Insurance Company of Kentucky and chairman of the Marketing Committee.

PETER L. OSTERMILLER has been in the private practice of law in Louisville, since 1980. He is a sole practitioner concentrating in legal ethics and professional responsibility matters. Mr. Ostermiller represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. He has also represented parties in attorney’s fee dispute proceedings; attorneys in legal proceedings in which sanctions have been sought against the attorney; represented parties in attorney disqualification proceedings; and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. Mr. Ostermiller has also served as an expert witness in legal ethics/legal malpractice matters. He is a member of the Kentucky Bar Association, Louisville Bar Association, and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee which proposed changes to the Rules of Professional Conduct to the KBA, which resulted in the July 2009 revisions to the Ethics Rules.

DAVID M. SCOTT is an attorney with the Louisville law office of Siebert & Johnson PLLC. Following his admission to the Kentucky Bar, he began his legal career as a felony prosecutor in Jefferson County. Mr. Scott prosecuted victim intensive felony crimes, ranging from child abuse to murder, and has the experience from over forty jury trials. Since joining Siebert & Johnson PLLC in 2012, he represents plaintiffs in civil litigation and continues to be a prolific trial attorney. At the conclusion of 2015, the Kentucky Trial Court Review publication recognized Mr. Scott as Kentucky Plaintiff's Lawyer of the Year. He earned his J.D. degree from the University of Louisville, Brandeis School of Law.

S. COY TRAVIS is the chief executive officer of Travis Law Office, PLLC, in Hillview. He practices in the areas of elder law, family law, guardianship and disability law, premises liability, business litigation, employment law, appellate practice, and general civil litigation. Before entering private practice, Mr. Travis began his legal career as a staff attorney for the Jefferson Circuit Court, Division Ten, under Judges Irv Maze, Geoffrey Morris, and Martin McDonald. He earned his B.A. degree in political science and B.S.B.A. degree in management from the University of Louisville before earning his J.D. degree from the Brandeis School of Law at the University of Louisville. Mr. Travis is admitted to practice in Kentucky and Indiana, as well as before the U.S. District Court for the Western District of Kentucky and Southern District of Indiana. He is a former chair of the Young Lawyers Section of the Louisville Bar Association.

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

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

KY CLE: 12.00 Includes - Ethics: 1.00
This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 12.0 credits, of which 1.0 hour relates to ethical considerations.


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