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Who should attend Expert Witness Procedures, Discovery And Trial Issues
This one-day seminar is designed for attorneys who want to update and maximize their knowledge of expert witness procedures.
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Expert Witness Procedures, Discovery And Trial Issues  

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This one-day seminar is designed for attorneys who want to update and maximize their knowledge of expert witness procedures.

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Seminar Summary:

This seminar is designed to provide helpful tips and suggestions when it comes to successful expert witness practice in New York. (see full course description)

 
 

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Training Course Syllabus:


Expert witnesses are crucial to many successful litigation outcomes, both at and before trial. Recent developments in federal and state law affect how lawyers deal with experts, from initial fact investigation to the last day of trial. Finding, interviewing, hiring, preparing, discovering and examining expert witnesses within the context of governing procedural and substantive law is vitally important in today's civil trial practice, and it could mean the difference between winning and losing. This seminar is designed to provide helpful tips and suggestions when it comes to successful expert witness practice in New York.

Seminar highlights:

  • Initial considerations in retaining and using experts
  • Expert disclosure under the CPLR - the art of saying something without saying anything
  • Vocational evaluation components
  • Admissibility of evidence (gatekeeping)
  • Ethical considerations

9:00 a.m. - 11:45 a.m.

(Break 10:15 a.m. -10:30 a.m.)

I. Initial Considerations In Retaining And Using Experts

A. Conducting Factual And Legal Investigations

B. Determining Viable Causes Of Action

C. Establishing Which Parties Will Be Involved

D. The Role Of Experts In Discovery - Techniques And Strategy

E. Depositions Of Experts (Federal Court)

II. Working With Expert Witnesses

A. Do You Need An Expert?

B. Locating The Right Expert To Support Your Case

C. Guidelines For Retaining An Expert

D. Are Your Communications With The Expert Privileged?

E. Deposing The Expert Witness

III. Planning And Preparing For Trial

A. Using Or Mentioning Experts During Jury Selection

B. Medical Experts

C. Liability Experts

D. Damages Experts

E. Motions In Limine And Memoranda Addressed To Expert Witnesses

F. Preparing Expert Witnesses For Examination And Cross-Examination

G. Mentioning Experts In Opening Statements And Closing Arguments

IV. Expert Testimony

A. Qualifications

B. Appropriate Subject Matter

C. Basis for Testimony

D. Methodology

E. Ultimate Question

F. Impeachment

G. Calling Your Adversary's Expert

H. Weight

11:45 a.m. - 12:45 p.m.

Lunch (On Your Own)

12:45 p.m. - 2:00 p.m.

V. Expert Disclosure Under the CPLR – The Art Of Saying Something Without Saying Anything

A. What Is Really Required By CPLR 3101 (d)(1)

B. Incomplete, Inadequate And Misleading Expert Disclosure

C. The Danger Of Saying So Little That You Get Precluded In Whole Or In Part

D. Moving For A More Detailed Expert Disclosure Versus Moving To Strike/Preclude While The Expert Is On The Stand

E. The Timing Of Expert Disclosure Or Is Thirty Days Before Trial All The CPLR Really Requires/Contemplates?

F. Simultaneous Versus Staggered Expert Disclosure

VI. Using Expert Affidavits To Support And Oppose Summary Judgment Motions

A. Serious Injury Threshold

B. Products Liability

C. Medical Malpractice

D. Slip And Fall

E. Auto Liability

2:00 p.m. - 2:15 p.m.

Break

2:15 p.m. - 3:45 p.m.

VII. Need For A Vocational Rehabilitation Expert? Consultant?

A. Evaluate Residual Vocational Capacity

B. Determine Diminished Earning Capacity

C. Forecast Vocational Rehabilitation Potential

VIII. Three Levels Of Vocational Evaluation

A. Review Of Records, Interview, Report

B. Review Of Records, Interview, Vocational Testing, Report

C. Review Of Records, Interview, Vocational Testing, Simulated Work, Report

IX. Vocational Evaluation Components

A. Record Review

B. Interview

C. Paper/Pencil Test

D. Dexterity Test

E. Work Samples

F. Behavioral Observation

G. Residual Functional Capacity

H. Vocational Research

I. Transferable Skill Analysis

J. Wage Research

K. Labor Market Access

L. Worklife Estimates

M. Labor Market Surveys

X. Work Capacity Evaluations

A. Physical Therapy Approach

B. Occupational Therapy Model

C. Vocational Evaluation Process

XI. Loss Of Earning Capacity

A. Pre-Injury Wages Or Earning Capacity

B. Pre-Existing Vocational Handicaps

C. Work Stability, Propensity, Motivation

D. Post-Injury Capabilities

E. Post-Injury Wage Estimates

XII. Special Damages

A. Pediatric Cases

B. Life Care Plans

XIII. Admissibility Of Evidence (Gatekeeping)

A. Has Theory Been Tested?

B. Subjected To Peer Review/Publication

C. Known Or Potential Rate Of Error

D. Generally Accepted As Valid

3:45 p.m. - 4:45 p.m.

XIV. Ethical Considerations

A. Confidentiality – What Should Or Should Not Be Disclosed

B. Using Fairness With Opposing Party And Counsel

C. Reaching A Clear Fee Agreement

D. Applying The Rules Of Professional Conduct To Your Case

Seminar Summary:

This seminar is designed to provide helpful tips and suggestions when it comes to successful expert witness practice in New York. (see full course description)

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