Litigation & Appeals

VA Specific

Attorneys' Complete Guide to Experts in Virginia Civil Litigation

Credits Available

There is no credit available on this course.
OnDemand
5 hours 52 minutes
Stephen Jackson
Larry Peters
Adam Lotkin
William Ashwell
With Stephen R. Jackson from Law Offices of Stephen R. Jackson, PLLC + 3 others
Recorded May 21, 2024
Product ID 98214

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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. Direct Examination: Tips to Make Your Expert Shine
  3. Applying the Rules to Expert Reports
  4. Preparing Your Expert and Defending Depositions
  5. Admission Hurdles for Expert Testimony
  6. Deposing the Opposing Expert
  7. Cross-Examination and Impeachment Techniques
  8. Ethical Considerations for Working With Experts

Related Topics

Product ID 98214

Credit Details

Credits Available

There is no credit available on this course.
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Agenda

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

  2. 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

  3. 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

  4. 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

  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. 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

  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

Stephen R Jackson
Stephen R.
Jackson
Law Offices of Stephen R. Jackson, PLLC
Larry A Peters
Larry A.
Peters
Larry A. Peters Inc.
Adam H Lotkin
Adam H.
Lotkin
Rutter Mills, LLP
William D Ashwell
William D.
Ashwell
Ashwell & Ashwell, PLLC
Speaker bio
Stephen R Jackson

Stephen R. Jackson

Law Offices of Stephen R. Jackson, PLLC
Stephen Jackson

is with the Law Offices of Stephen R. Jackson, PLLC in Suffolk, Virginia. He is admitted to practice in Virginia and North Carolina. Mr. Jackson's litigation practice focuses primarily on products liability defense and general litigation. He is admitted to practice before the U.S. District Courts for the Eastern and Western districts of Virginia; Eastern and Western districts of North Carolina; U.S. Courts of Appeal for the Second, Fourth, Fifth and Seventh circuits; and Supreme Court of the United States. Mr. Jackson is a fellow of the Foundation of the Federal Bar Association and has served on its Board of Directors since 2020. He earned his J.D. degree from the University of Richmond and his B.A. degree in government, with distinction, from the University of Virginia. Before entering private practice, Mr. Jackson served as a law clerk to the Honorable David G. Lowe of the U.S. District Court for the Eastern District of Virginia in Richmond.

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Speaker bio
Larry A Peters

Larry A. Peters

Larry A. Peters Inc.
Larry Peters

is the president of Forensic Handwriting which he been practicing since 1999. He has worked as an insurance adjuster and private investigator in Virginia and West Virginia since 1968. Mr. Peters is a member of the Washington (past president), Virginia and Mid Valley Claims Association. He is a graduate of the USAFE Criminology and Sociology at the University of Maryland.

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Speaker bio
Adam H Lotkin

Adam H. Lotkin

Rutter Mills, LLP
Adam Lotkin

is an attorney in the Norfolk law firm of Rutter Mills, LLP where he practices all disciplines of trial work and focuses in representing the rights of injured individuals in personal injury cases. Mr. Lotkin has taught seminars on criminal jury trials, civil jury trials and presenting medical evidence in court. He is admitted to practice in Virginia. Mr. Lotkin is a member of the Virginia State Bar, State Bar of California, Virginia Beach and District of Columbia bar associations, and Virginia Trial Lawyers Association. He earned his B.A. degree from Lafayette College and his J.D. degree, cum laude, from Howard University.

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Speaker bio
William D Ashwell

William D. Ashwell

Ashwell & Ashwell, PLLC
William Ashwell

is an attorney with Ashwell & Ashwell, PLLC. He practices in the areas of civil litigation, land use and zoning, appellate advocacy, business and commercial law, and trust and estate planning. Mr. Ashwell is admitted to practice in Virginia and before the U.S. District Court for the Eastern and Western districts of Virginia, U.S. Court of Appeals for the Fourth Circuit, U.S. Bankruptcy Court for the Eastern District of Virginia, and the Supreme Court of the United States of America. He is a member of the Virginia State Bar and Fauquier Bar Association, and serves on the Virginia State Bar Seventh District Disciplinary Committee. Mr. Ashwell earned his B.A. degree from Hampden-Sydney College and his J.D. degree from the University of Dayton School of Law.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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