CA Specific

Litigation & Appeals

Attorneys' Complete Guide to Experts in California Civil Litigation

Credits Available
Credit Status Total
California CLE Approved 6 Total
OnDemand
5 hours 55 minutes
Patrick Maloney
Christopher Onstott
Mark West
Edward Lear
With Patrick Maloney from The Maloney Firm, APC + 3 others
Recorded April 11, 2024
Product ID 98149

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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 98149

Credit Details

Credits Available
Credit Status Total
California 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

Patrick Maloney
Patrick
Maloney
The Maloney Firm, APC
Christopher Onstott
Christopher
Onstott
Kronick Moskovitz Tiedemann & Girard
Mark West
Mark
West
Law Offices of Mark West
Edward O Lear
Edward O.
Lear
Century Law Group, LLP
Speaker bio
Patrick Maloney

Patrick Maloney

The Maloney Firm, APC
Patrick Maloney

is an attorney with The Maloney Firm, APC. He represents clients in business disputes. Mr. Maloney has served as lead trial counsel in bench and jury trials in state and federal courts and in arbitration. He has represented companies in antitrust and patent matters, shareholder and partnership disputes, employment disputes, and in disputes between clients and lawyers in malpractice, fiduciary duty claims, and fee disputes. Mr. Maloney is a volunteer fee dispute arbitrator with the Los Angeles County Bar Association, and previously served as a member of the State Bar of California Committee on Mandatory Fee Arbitration. He earned his B.B.A. degree from San Diego State University and his J.D. degree, cum laude, from University of San Diego School of Law.

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Speaker bio
Christopher Onstott

Christopher Onstott

Kronick Moskovitz Tiedemann & Girard
Christopher Onstott

is an attorney with the law firm of Kronick Moskovitz Tiedemann & Girard, where he practices labor and employment law. He defends employers against race, sex and disability discrimination and harassment claims, as well as wage claims in both federal and state courts. Mr. Onstott earned his B.A. degree, magna cum laude, from Brigham Young University and his J.D. degree, with high honors, from the University of Texas School of Law.

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Speaker bio
Mark West

Mark West

Law Offices of Mark West
Mark West

is a sole practitioner in San Gabriel, where he practices in plaintiff personal injury and wrongful death, products liability law, medical malpractice, and business civil litigation. He has published several articles and frequently lectures. Mr. West is admitted to practice in the Northern, Central and Southern U.S. District Courts in California; Ninth Circuit Court of Appeals; and Supreme Court of the United States. He has also been admitted pro hac vice in the state and U.S. District Court for Nevada and the U.S. District Court for Minnesota. Mr. West is a member of the American and Los Angeles County bar associations, State Bar of California, Consumer Attorneys Association of Los Angeles, Consumer Attorneys of California (past legislative district coordinator), and the American Trial Lawyers Association. He earned his B.S. degree from New Hampshire College (now Southern New Hampshire University) and his J.D. degree from Southwestern University School of Law.

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Speaker bio
Edward O Lear

Edward O. Lear

Century Law Group, LLP
Edward Lear

is a partner with Century Law Group, LLP. He provides lawyers with legal ethics and risk management compliance advice; and defends attorneys against professional malpractice and related claims, state bar disciplinary proceedings, and legal fee disputes. Mr. Lear consults with law firms regarding attorney advertising, conflicts of interest waivers and consents, motions to disqualify, fee divisions, class action ethics, law firm structuring, partnership disputes, and the acquisition and departure of attorneys. He also represents selected clients in commercial litigation. Mr. Lear is a recognized speaker at legal seminars on professional responsibility and conduct, has published numerous articles, and has been qualified as an expert witness in state and federal courts. He serves on the faculty of ABOTA's Jack Daniels Trial School (2015- present). Mr. Lear provides expert witness testimony in the field of attorney conduct to both plaintiffs and defendants in civil litigation matters. He earned his A.B. degree from Dartmouth College and his J.D. degree from U.C.L.A. School of Law. Mr. Lear is a member of the State Bar of California, American Board of Trial Advocates (ABOTA), Los Angeles County Bar Association, and a founding member and former president of the Association of Discipline Defense Counsel (ADDC).

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