Litigation & Appeals

4.2

Expert Witness Mastery: Advanced Strategies for Attorneys

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 51 minutes
Edward Lear
Kimberly Jones Penepacker
Marvin Haber
Philip Greenberg
Howard Lotven
With Edward O. Lear from Century Law Group, LLP + 4 others
Recorded June 19, 2024.
Product ID 98735

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Overview

Refine Your Approaches to Expert Depositions, Cross-Examination, and More

The ability to navigate and strategically wield expert testimony is often a linchpin for case success. Join our experienced faculty for a full day of insights and strategies that can tilt case momentum in your favor. Refine and fortify your skills in utilizing and challenging expert witnesses - register today!

  • Get tips for strengthening and exploiting expert reports.
  • Reveal deposition strategies for testing the strength of experts' testimony and extracting useful information.
  • Stay ahead with admissibility insights: explore the latest trends and court decisions.
  • Elevate your expert's testimony and let them shine during direct examination.
  • Dismantle the expert's credibility or extract favorable testimony during cross-examination.
  • Win the battle of the experts: find out how to control the narrative among conflicting expert opinions.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member James Susag.

Abbreviated Agenda

  1. Creative Insights for Selecting and Working With Expert Witnesses
  2. Maximizing the Impact of Expert Reports
  3. Depositions: Sophisticated Techniques for Expert Witness Examination
  4. Admissibility Insights 2024: Notable Court Decisions and Emerging Trends
  5. Advanced Testimony Techniques for Expert Witnesses
  6. Destructive and Constructive Cross-Examination Strategies
  7. Handling Conflicting or Contentious Testimony and Other Challenges
  8. Legal Ethics

Related Topics

Product ID 98735

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Creative Insights for Selecting and Working With Expert Witnesses

    1. Creative Thinking Relative to Selecting and Retaining an Expert
    2. Experts You Have Worked With Previously
    3. Working With Experts You Have Not Used Previously
    4. Key Considerations - Cost, Availability, Venue

  2. Maximizing the Impact of Expert Reports

    1. Keys to Effective Expert Reports
    2. Pointers for Collaborating in Report Drafting
    3. Reviewing and Strengthening Reports: Privilege, Admissibility, and Clarity Pointers
    4. Leveraging Reports for Case Strategy
    5. Addendums and Supplemental Reports

  3. Depositions: Sophisticated Techniques for Expert Witness Examination

    1. Pointers for Pre-Deposition Preparation
      1. Expert Report and Prior Expert Reports
      2. Prior Sworn Testimony
      3. Internet Research
      4. Books and Treatises
    2. Three Keys to Expert Questioning Techniques
      1. Confirming Expert Credentials
      2. Confirming Opinions and Bases for Opinions
      3. Making Their Expert Your Expert
    3. Handling Challenging Witnesses During the Deposition

  4. Admissibility Insights 2024: Notable Court Decisions and Emerging Trends

    1. Applying Daubert and Frye Standards
    2. Recent Court Decisions
    3. Impact of Technology and Scientific Advancements
    4. Making the Most of Motions in Limine
      1. Planning and Scheduling Your Motion
      2. Substantive Argument Planning

  5. Advanced Testimony Techniques for Expert Witnesses

    1. Preparation Techniques for Deposition and Trial Testimony
    2. Enhancing Their Presentation and Communication Skills
    3. Demonstrating Your Witness's Credibility and Authority
    4. Questions and Techniques That Will Let Your Witness Shine
    5. Simplifying Complex Concepts for Jurors and Courts
    6. Use of Non-Testifying Expert Witnesses

  6. Destructive and Constructive Cross-Examination Strategies

    1. Destructive Cross: Effective Techniques for Discrediting Expert Witnesses
    2. Questions and Techniques for Obtaining Favorable Testimony From Opposing Experts
    3. Strategically Incorporating Demonstrative Aids and Visuals

  7. Handling Conflicting or Contentious Testimony and Other Challenges

    1. Communication Issues and Misunderstandings
    2. Expert Witness Bias
    3. Conflicts Among Expert Opinions
    4. Addressing Potential Areas of Contentious Testimony
    5. Addressing Unexpected Challenges and Disruptions
    6. Strategies for Handling Aggressive Cross-Examination

  8. Legal Ethics

    1. Confidentiality
    2. Avoiding Conflicts
    3. Preparing vs. Coaching Witnesses
    4. Balancing Advocacy With Professionalism
    5. Ethical Dilemmas in Expert Testimony
    6. Compensating Experts

Who Should Attend

This program is designed for attorneys. Expert witnesses may also benefit.

Speakers

Edward O Lear
Edward O.
Lear
Century Law Group, LLP
Kimberly Jones Penepacker
Kimberly
Jones Penepacker
Aulsbrook Law Firm
Marvin S Haber
Marvin S.
Haber
Haber DiPaul LLC
Philip A Greenberg
Philip A.
Greenberg
Philip A. Greenberg, P.C.
Howard L Lotven
Howard L.
Lotven
Howard L. Lotven P.C.
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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Speaker bio
Kimberly Jones Penepacker

Kimberly Jones Penepacker

Aulsbrook Law Firm
Kimberly Jones Penepacker

is a partner with Aulsbrook Law Firm, where she is a civil litigator practicing in the areas of personal injury, civil litigation, premises liability, and wrongful death. Ms. Jones Penepacker is admitted to practice in Texas; Fifth Circuit Court of the United States; U.S. District Court Northern, Eastern and Southern districts of Texas; U.S. District Court District of Colorado; U.S. District Court District of New Mexico; and U.S. District Court Western District of Oklahoma. She is a member of the State Bar of Texas; Texas Trial Lawyers Association; American Association for Justice; Texas Young Lawyers Association; Wise, Jack and Montague County Women's bar associations; Dallas Trial Lawyers Association; and Tarrant County Trial Lawyers Association. Ms. Jones Penepacker earned her B.A. degree form Baylor University and her J.D. degree from Baylor University School of Law.

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Speaker bio
Marvin S Haber

Marvin S. Haber

Haber DiPaul LLC
Marvin Haber

is a co-founder of the law offices of Haber DiPaul LLC. He has more than 30 years of civil, commercial and personal injury litigation experience. Mr. Haber is a member of the Pennsylvania and New Jersey State bar associations, and serves as the firm's New Jersey resident partner. He serves as a certified federal and state arbitrator (Pennsylvania), and maintains memberships in several state bars and local trial lawyer associations in both Pennsylvania and New Jersey. Mr. Haber has recently been appointed to the Pennsylvania Bar Association's Judicial Investigation Committee, organized to vet appellate judges and justices in order to maintain integrity of the Pennsylvania Appellate Court System. He earned his B.A. degree, cum laude, and his master's degree in urban affairs at Boston University. Mr. Haber earned his J.D. degree at Temple University's James E. Beasley School of Law.

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Speaker bio
Philip A Greenberg

Philip A. Greenberg

Philip A. Greenberg, P.C.
Philip Greenberg

has provided skilled and highly personalized representation to his clients for more than 45 years. During this time, his firm has helped clients with family law and business matters in a wide range of civil litigation. Mr. Greenberg judges multiple rounds, including the finals of the National Trial Competition in Virginia. He has co-authored a book titled Divorce Insights, which was published and is being sold by Amazon Books. Mr. Greenberg is admitted to practice in New York and New Jersey, both state and federal courts, as well as the Second Circuit Court of Appeals and the U.S. Supreme Court. He earned his J.D. degree from New York University School of Law and his B.A. degree, cum laude, from Brooklyn College of the City University of New York.

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Speaker bio
Howard L Lotven

Howard L. Lotven

Howard L. Lotven P.C.
Howard Lotven

is a sole practitioner with the law office of Howard L. Lotven P.C. He primarily represents clients in criminal/municipal courts and traffic courts. Mr. Lotven has been either a prosecutor or a defense attorney in more than 10,000 cases. He also represents clients in family law matters, including divorce, paternity, modification of child support, custody and visitation. Mr. Lotven's professional associations and memberships include Volunteer Attorney Project, The Missouri Bar General Practice Committee, Municipal Court Prosecutors Association of Western Missouri, Missouri Municipal and Associate Circuit Judges Association, and Association of Women Lawyers. He is admitted to practice in Missouri, and before the U.S. District Court for the Western District of Missouri and U.S. Federal Court. Mr. Lotven earned his B.A. degree, with honors, from Drake University; and his J.D. degree from the University of Missouri-Kansas City School of Law.

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