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| Preface | |
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| Acknowledgments | |
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| The Author | |
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| The Legal Environment and Expert Witnessing | |
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| The Legal Environment | |
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| Lawyers and Litigation | |
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| Evidence | |
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| The Role of the Expert Witness | |
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| What Is an Expert Witness? | |
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| How Experts Can Be Utilized in Litigation | |
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| Two Types of Experts: Consulting and Testifying | |
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| The Relationship between Lawyers and Experts | |
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| The Expert Report | |
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| A Closer Look at the Impact of Daubert | |
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| Conformity versus Flexibility | |
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| Standards for Reliability and Relevance | |
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| The Role of the Judge under Daubert | |
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| Daubert Applied | |
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| The Impact of Daubert on Expert Witnessing | |
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| A Word on Junk Science | |
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| An Additional Impact of Daubert-The Amended Rules of Evidence | |
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| Key Cases and Precedents Affecting Expert Witnessing | |
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| Frye v. United States (1923) | |
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| Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) | |
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| General Electric v. Joiner (1997) | |
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| Carmichael v. Kumho Tire Company (1998) | |
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| The Hearsay Rule and Its Relevance to Experts | |
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| In Summary | |
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| The Litigation Process | |
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| The Pretrial Process | |
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| Affirmative Defenses | |
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| Discovery | |
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| Interrogatories | |
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| Automatic Disclosure | |
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| Production of Documents | |
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| Organization of Documents | |
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| Chain of Custody | |
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| The Expert Report | |
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| Preparing the Expert Report | |
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| Deposition | |
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| Preparing for a Deposition | |
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| The Process of Deposing Expert Witnesses | |
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| The Subpoena | |
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| The Setting | |
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| The Opposing Attorney's Intent | |
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| Preparing for the Daubert Challenge | |
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| Additional Pointers for the Deposition | |
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| Ending the Deposition | |
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| Preparing for Trial | |
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| Developing the Trial Theme | |
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| Preparing the Lawyers | |
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| Changing Your Opinion | |
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| Trial Exhibits | |
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| Motions | |
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| Understanding the Judge | |
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| Types of Juries | |
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| Jury Selection | |
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| The Courtroom Drama | |
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| The Jury-the True "Audience" of the Trial | |
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| Opening Statements | |
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| Direct Examination | |
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| The Role of the Attorney | |
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| Building the Case | |
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| Preparing for Cross-Examination | |
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| Cross-Examination | |
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| Opposing Counsel's Strategies | |
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| Hypothetical Questions | |
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| Other Important Aspects of Cross-Examination | |
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| Jury Instructions and Closing Arguments | |
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| Post-Trial Motions and Appeals | |
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| The Art, Business, and Future of Expert Witnessing | |
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| The Art of Expert Witnessing | |
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| Developing the Professional Relationship | |
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| Maximizing Your Effectiveness | |
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| Practice | |
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| Study | |
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| Be Prepared | |
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| Be Professional | |
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| Be Organized | |
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| Tell the Story | |
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| Show Emotion | |
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| Educate | |
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| Create Vivid Visualizations | |
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| The Ethics of Expert Witnessing | |
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| The Future of Expert Witnessing | |
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| Revisiting the Use of "Neutral" Experts | |
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| The Impact of Technology and Social Media | |
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| Alternative Dispute Resolution | |
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| Tort Reform | |
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| The Business of Expert Witnessing | |
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| Forming an Expert Witnessing Business | |
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| Contractual Considerations for Expert Witnesses | |
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| Basic Types of Contractual Arrangements | |
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| Retainer Contracts | |
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| Time and Materials Contracts | |
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| Flat Fee Contracts | |
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| Term of the Agreement | |
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| Fees and Expenses | |
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| Billing and Payment Terms | |
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| Confidentiality | |
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| Conflict of Interest | |
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| Statement of Work | |
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| Termination | |
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| Marketing | |
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| Organizational Directories | |
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| Professional Societies | |
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| Expert Witness Service Companies | |
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| Networking | |
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| Letters to Attorneys | |
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| Advertising | |
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| Direct Mail | |
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| Expert Referral Agencies | |
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| Education-Based Marketing Strategies | |
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| Expert Immunity, Professional Malpractice, and Civil Liability | |
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| Hypothetical Situation | |
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| Expert Mary Watson Retained | |
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| Mary Watson s Investigation and Expert Opinions | |
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| Deposition of Mary Watson | |
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| Deposition Debriefing of Mary Watson | |
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| Legal Action | |
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| Breach-of-Contract Action | |
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| Hearing | |
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| Possible Judicial Outcomes | |
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| The Judge's Decision | |
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| Afterthoughts | |
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| The Importance of Psychological Factors In Testifying | |
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| Psychology and the Art of Expert Persuasion | |
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| Overview | |
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| How Are Today s Jurors Different? | |
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| Psychology of Juries | |
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| Jury Decision Making | |
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| Cognitive Dissonance and Heuristics | |
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| Thin Slicing and Cognitive Embodiment | |
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| Learning Style, Persuasion, and Expectations | |
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| Summary | |
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| What Makes an Expert Effective? | |
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| Credibility | |
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| Testifying in Depositions or at Trial | |
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| Recommendations for Nonverbal Behavior | |
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| Effective Verbal Communication | |
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| How Graphics and Technology Help | |
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| Graphics Can Affect Cognitions | |
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| Specific Ways That Graphics and Technology Change the Trial Canvas | |
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| Are Judges Biased? | |
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| Discoverability | |
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| In Conclusion | |
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| Nine of the Worst Mistakes That Experts Make and How to Avoid Them | |
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| Establishing Credibility | |
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| Number 1: Mr. Blinkoff versus Mr. Blinkon | |
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| Likeability | |
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| Number 2: Mr. Unlikeable versus Mr. Likeable | |
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| Number 3: Dr. Bellicose versus Dr. Zen | |
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| Confidence | |
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| Number 4: Mr. Wimpy versus Mr. Warrior | |
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| Number 5: Ms. Freako versus Ms. Cool | |
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| Trustworthiness | |
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| Number 6: Dr. Bias versus Dr. Fair | |
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| Number 7: Dr. Fudger versus Dr. Precise | |
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| Knowledge | |
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| Number 8: Ms. Make Up versus Ms. Exact | |
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| Credibility | |
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| Number 9: Robot versus Human | |
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| Bibliography | |
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| Appendix: Expert Witness Resources | |
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| Index | |