Effective Expert Witnessing Practices for the 21st Century

ISBN-10: 1439887675
ISBN-13: 9781439887677
Edition: 5th 2012 (Revised)
Authors: Jack V. Matson
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Description: Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions.  More...

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Book details

Edition: 5th
Copyright year: 2012
Publisher: CRC Press LLC
Publication date: 8/30/2012
Binding: Hardcover
Pages: 204
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 1.144
Language: English

Expert witnesses have traditionally faced enormous challenges in the courtroom. The Daubert decision and the more recent Kumho ruling have further intensified the scrutiny on professionals in all disciplines expressing their expert opinions. Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case studies and examples from a wide range of disciplines including psychology, medicine, forensics, toxicology, engineering, and environmental science. It presents legal survival strategies needed by expert witnesses in all fields by addressing the impact of the recent rulings regarding expert testimony. The fundamentals of the litigation process are thoroughly presented, with chapters on the pre-trial process, trial preparation, and the courtroom drama.

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

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