Litigation & Appeals

PA Specific

Attorneys' Complete Guide to Experts in Pennsylvania Civil Litigation

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 50 minutes
James Heneghan
Gregory Teufel
William Pillsbury
Daniel Bernheim
Charles Consagra
With James Heneghan from Heneghan Law + 4 others
Recorded March 12, 2024
Product ID 97934

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Overview

Reports, Deposition Tactics, Admission Hurdles, Direct and Cross-Examination Techniques

Cases often hinge on expert witnesses, so it is vital to have a firm understanding of the court rules governing their use. Are you strategically using the rules of evidence and procedure to maximize the effectiveness of your experts while discounting the validity of opposing experts' credentials, methodology, and more? In this intensive online seminar, our experienced faculty will share tips on using rules concerning expert witnesses with surgical precision, so you have the upper hand in court. From expert reports to testimony, apply the rules concerning expert witnesses to your best advantage. Register today!

  • Analyze experts' reports to pinpoint mistakes that have case-devastating potential.
  • Get your experts ready for deposition by ensuring they thoroughly understand the deposition procedure and opposing counsel tricks.
  • Locate key documents and other sources of information that can set up opposing experts for impeachment.
  • Get your experts' testimony admitted into evidence by ensuring their qualifications, methodology, and character are all acceptable.
  • Cast doubt on opposing experts in cross examination by highlighting weaknesses in their testimony, the invalidity of their methodology, and more.
  • Avoid ethical pitfalls when communicating with your experts and adverse expert witnesses.

Abbreviated Agenda

  1. How to Select the Perfect Witness (With Sample Retainer Agreement)
  2. Applying the Rules to Expert Reports
  3. Preparing Your Expert and Defending Depositions
  4. Deposing the Opposing Expert
  5. Admission Hurdles for Expert Testimony
  6. Direct Examination: Tips to Make Your Expert Shine
  7. Cross-Examination and Impeachment Techniques
  8. Ethical Considerations for Working With Experts

Related Topics

Product ID 97934

Credit Details

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. How to Select the Perfect Witness (With Sample Retainer Agreement)

  2. Applying the Rules to Expert Reports

    1. Expert Disclosure Rules and Work Product Protection
    2. Should an Expert Report be Prepared?
    3. The Logistics of Obtaining and Requesting Expert Reports
    4. Materials to Give to the Expert (and to Withhold)
    5. Preparing and Analyzing the Report - Top Mistakes That Need to be Avoided

  3. Preparing Your Expert and Defending Depositions

    1. Ensuring Your Expert Understands the Deposition Procedure
    2. Critical Documents Experts Need for Deposition
    3. Opposing Counsel Questions and Goals: Does Your Expert Understand?
    4. Effective Use of Objections
    5. Increasing Expert Effectiveness in Video Depositions
    6. Terminating Depositions
    7. Cleansing the Record and Defending Your Witness's Testimony

  4. Deposing the Opposing Expert

    1. Getting and Reviewing the Expert's File, Internet Investigation Tips
    2. Ensuring Proper Deposition Timing
    3. Planning, Preparation, and Outline
    4. Effective Questions and Questioning Strategies
    5. Dealing With Difficult Witnesses and Obstructive Opposing Counsel
    6. After the Deposition
    7. Using Depositions at Trial: Practical Tips

  5. Admission Hurdles for Expert Testimony

    1. Daubert/Frye Gatekeeping Standards: An Overview
    2. Admissibility of Non-Scientific Expert Testimony
    3. Expert Character, Competency, and Qualifications
    4. Admissibility of What you Give Your Expert
    5. Is the Expert's Methodology Acceptable?
    6. Limits for Expert Opinions and the Use of Inadmissible Evidence
    7. The Expert's Opinion: Is it Hearsay?
    8. Using Motions to Block Expert Testimony
    9. Qualifying an Expert Witness: Sample Voir Dire

  6. Direct Examination: Tips to Make Your Expert Shine

    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

  7. Cross-Examination and Impeachment Techniques

    1. Exploiting Weaknesses in the Expert's Testimony
    2. Illustrating the Invalidity of the Expert's Methodology
    3. Using the Expert's Report Against Them
    4. Using Compensation to Cast Doubt
    5. Constructive Cross: Drawing Out Helpful Testimony
    6. Avoiding the One Question Too Many and Other Common Mistakes

  8. Ethical Considerations for Working With Experts

    1. Confidentiality, Privilege, and Work Product
    2. Compensating the Expert
    3. Preparing vs. Coaching the Witness: What to Always and Never Say
    4. Making False Statements to a Tribunal
    5. Ethical Issues in Refreshing Witness Recollection
    6. Contact With Adverse Expert Witnesses (Consulting vs. Testifying)
    7. Vigorous Advocacy vs. Civility

Who Should Attend

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

Speakers

James Heneghan
James
Heneghan
Heneghan Law
Gregory H Teufel
Gregory H.
Teufel
OGC Law, LLC
William H Pillsbury
William H.
Pillsbury
Montgomery County Public Defender's Office
Daniel S Bernheim III
Daniel S.
Bernheim, III
Wilentz, Goldman & Spitzer P.A.
Charles I Consagra
Charles I.
Consagra
Needle Law Firm
Speaker bio
James Heneghan

James Heneghan

Heneghan Law
James Heneghan

is the owner of Heneghan Law, where he practices in the areas of personal injury; including, but not limited to: motor vehicle accidents, premises liability, dog bites, road defects, dram shop cases and products liability. He was appointed a member of the Million Dollar Advocates Forum, which is a nation-wide organization for attorneys who receive a verdict or settlement of more than a million dollars in a case, having obtained almost a dozen seven (7) figure plus settlements and verdicts. Mr. Heneghan has been nominated for The Academy of Trial Lawyers for Allegheny County. In 2023 he was named one of the “Top 100” plaintiff civil trial attorneys in Pennsylvania by The National Trial Lawyers. In 2024, he was offered same membership in the “Top 100” again, as well as a similar honor the by National Academy of Personal Injury Attorneys. Both programs are invitation only, with multi-level phrase selection process to determine the best civil trial attorneys in the nation. Mr. Heneghan earned his B.S. degree from Elmira College and his J.D. degree from Duquesne University. He has lectured on discovery and personal injury issues for NBI for many years. He has also been an adjunct professor at Robert Morris University. Mr. Heneghan is a member of the Allegheny County, Pennsylvania, American bar associations, and the American Trial Lawyers Association. He is admitted to the U.S. District Courts for the Middle District and Western District of Pennsylvania, the U.S. Southern District of Ohio, the Commonwealth Court of Pennsylvania, and the U.S. Court of Appeals for the Third Circuit. He is also admitted to practice law in the states of Pennsylvania, Ohio and West Virgina.

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Speaker bio
Gregory H Teufel

Gregory H. Teufel

OGC Law, LLC
Gregory Teufel

is the founder and managing member of OGC Law, LLC, a Pittsburgh law firm. He focuses his practice on outside general counsel work and commercial litigation. Mr. Teufel's broad base of experience includes drafting and negotiating a wide variety of commercial agreements on a regular basis that frequently include indemnification, competition, and confidentiality provisions of various types. He frequently handles breach of contract litigation matters as well. Mr. Teufel is a member of the Allegheny County, Pennsylvania, and The West Virginia bar associations. He earned his B.S. degree, magna cum laude, from Kings College; and his J.D. degree, cum laude, from the University of Michigan Law School.

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Speaker bio
William H Pillsbury

William H. Pillsbury

Montgomery County Public Defender's Office
William Pillsbury

is a solo practitioner with the Law Offices of William H. Pillsbury PLLC. He has taken his deep knowledge of legal issues impacting businesses and nonprofits, to serve as outside legal counsel for small businesses and nonprofits. Mr. Pillsbury is a veteran attorney with more than a decade of experience advising and representing businesses and nonprofits on a range of legal issues, including insurance recovery, labor and employment, board management, and commercial litigation. His insurance recovery experience includes representation of nonprofits, hotels, restaurants, nursing homes, school district joint insurance funds, and individuals; as well as assisting clients recover insurance under a variety of coverages, including property, business interruption, commercial general liability, boilers and machinery, and life insurance. Mr. Pillsbury helps his clients with their construction matters. He has also had the honor of being a judicial law clerk on the U.S. District Court for the Eastern District of Pennsylvania. Mr. Pillsbury has been recognized by his peers as a Pennsylvania Super Lawyer for 2015 and 2016 and a Pennsylvania Super Lawyer Rising Star from 2012 through 2014. He earned his B.A. degree from Rutgers University and his J.D. degree, magna cum laude, from Temple University. Mr. Pillsbury is admitted to practice in Pennsylvania and New Jersey.

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Speaker bio
Daniel S Bernheim III

Daniel S. Bernheim, III

Wilentz, Goldman & Spitzer P.A.
Daniel Bernheim

is a shareholder with the law firm of Wilentz, Goldman & Spitzer P.A. He serves as the managing partner of the firm's Philadelphia office, where his practice is devoted to commercial litigation, with a concentration in bankruptcy, creditors' rights, lender liability, and negotiable instruments. Mr. Bernheim has been trial counsel in a number of matters with published opinions concerning federal consumer protection laws, including the Fair Debt Collection Practices Act, Truth in Lending Act, and Equal Credit Opportunity Act. He has also served as an expert witness on behalf of law firms accused of violating these acts. Mr. Bernheim is a member of the Philadelphia and American bar associations, Trial Lawyers Association of America, and Pennsylvania Trial Lawyers Association. He earned his B.A degree from the University of Pennsylvania, his J.D. degree from Villanova University, and was a member of the first LL.M. degree class in trial advocacy from Temple University.

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Speaker bio
Charles I Consagra

Charles I. Consagra

Needle Law Firm
Charles Consagra

is of counsel with Needle Law Firm, where he concentrates in the field of administrative law, with primary specialty in the areas of workers' compensation, unemployment compensation, and Social Security. Since 1978, Mr. Consagra has been a part-time faculty member at Keystone College as an instructor in the areas of education, behavioral sciences, criminal justice, and business law. He is an instructor in business for graduate students through Marywood University. Mr. Consagra earned his B.A. degree, magna cum laude, from the University of Scranton; and his J.D. degree from Seton Hall University School of Law. He earned his Master of Arts degree in counseling psychology and his Master of Science degree in Ed from Marywood University. Mr. Consagra also holds a M.Div degree and Ph.D. degree (all but dissertations).

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