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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
- How to Select the Perfect Witness (With Sample Retainer Agreement)
- Applying the Rules to Expert Reports
- Preparing Your Expert and Defending Depositions
- Deposing the Opposing Expert
- Admission Hurdles for Expert Testimony
- Cross-Examination and Impeachment Techniques
- Direct Examination: Tips to Make Your Expert Shine
- Ethical Considerations for Working With Experts
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Connecticut CLE |
|
6 Total | 12-17-2026 |
| New York CLE |
|
7 Total | 12-17-2027 |
Select Jurisdiction
CLE
Agenda
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How to Select the Perfect Witness (With Sample Retainer Agreement)
-
Applying the Rules to Expert Reports
- Expert Disclosure Rules and Work Product Protection
- Should an Expert Report be Prepared?
- The Logistics of Obtaining and Requesting Expert Reports
- Materials to Give to the Expert (and to Withhold)
- Preparing and Analyzing the Report - Top Mistakes That Need to be Avoided
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Preparing Your Expert and Defending Depositions
- Ensuring Your Expert Understands the Deposition Procedure
- Critical Documents Experts Need for Deposition
- Opposing Counsel Questions and Goals: Does Your Expert Understand?
- Effective Use of Objections
- Increasing Expert Effectiveness in Video Depositions
- Terminating Depositions
- Cleansing the Record and Defending Your Witness's Testimony
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Deposing the Opposing Expert
- Getting and Reviewing the Expert's File, Internet Investigation Tips
- Ensuring Proper Deposition Timing
- Planning, Preparation, and Outline
- Effective Questions and Questioning Strategies
- Dealing With Difficult Witnesses and Obstructive Opposing Counsel
- After the Deposition
- Using Depositions at Trial: Practical Tips
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Admission Hurdles for Expert Testimony
- Daubert/Frye Gatekeeping Standards: An Overview
- Admissibility of Non-Scientific Expert Testimony
- Expert Character, Competency, and Qualifications
- Admissibility of What you Give Your Expert
- Is the Expert's Methodology Acceptable?
- Limits for Expert Opinions and the Use of Inadmissible Evidence
- The Expert's Opinion: Is it Hearsay?
- Using Motions to Block Expert Testimony
- Qualifying an Expert Witness: Sample Voir Dire
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Cross-Examination and Impeachment Techniques
- Exploiting Weaknesses in the Expert's Testimony
- Illustrating the Invalidity of the Expert's Methodology
- Using the Expert's Report Against Them
- Using Compensation to Cast Doubt
- Constructive Cross: Drawing Out Helpful Testimony
- Avoiding the One Question Too Many and Other Common Mistakes
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Direct Examination: Tips to Make Your Expert Shine
- Qualification Questions That Illustrate Experience
- Humanizing the Expert: Helpful Tips
- Using Hypotheticals to Show Relevancy
- The Expert's Opinion: What Supporting Evidence Must They Give?
- Framing Questions to Build Logical Connections
- Magnifying Expert Credibility
- Using Experts to Create Exhibits
- The Expert as a Teacher: Presentation Best Practices
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Ethical Considerations for Working With Experts
- Confidentiality, Privilege, and Work Product
- Compensating the Expert
- Preparing vs. Coaching the Witness: What to Always and Never Say
- Making False Statements to a Tribunal
- Ethical Issues in Refreshing Witness Recollection
- Contact With Adverse Expert Witnesses (Consulting vs. Testifying)
- 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
Speaker bio
Steven J. Errante
is a partner in the New Haven law firm of Lynch, Traub, Keefe & Errante, P.C., where his practice is devoted to civil litigation, with a special emphasis on personal injury. He served as an adjunct professor of legal studies at the University of New Haven, and is currently an adjunct professor at Quinnipiac School of Law. Mr. Errante is editor at large of the Connecticut Bar Journal. He is a member of the Connecticut Bar Association (member, Executive Committee of the Litigation Section). Mr. Errante is also a member of the American Board of Trial Advocates, Board of Governors of the Connecticut Trial Lawyers Association, New York Trial Lawyers Association and Association of Trial Lawyers of America. He earned his B.A. degree, magna cum laude, from Hofstra University and his J.D. degree from the State University of New York at Buffalo.
Speaker bio
William J. Delaney
is a member of Lonardo Forte & Trudeau LLP. He is a lifetime fellow of the Rhode Island Bar Foundation, as well as a fellow of the American Bar Association. Mr. Delaney is a member of the Rhode Island Supreme Court's MCLE Committee and the Massachusetts, New Hampshire, Vermont, New York State, Pennsylvania and Connecticut bar associations. He earned his A.B. degree from the University of Notre Dame, his M.B.A. degree from Rensselaer Polytechnic Institute, his J.D. degree from Albany Law School of Union University and his LL.M. degree from the Morin Center, Boston University School of Law.
Speaker bio
John Pitblado
is a shareholder at Carlton Fields, LLP. He has extensive experience as a litigator and trial lawyer in complex insurance coverage, indemnity, and risk-transfer matters, with an emphasis on premises liability defense and indemnity issues for the sports and entertainment and educational institution industries. Mr. Pitblado has handled numerous high-profile, high-value matters for insurers, concert and sports venues, prep schools, colleges, and universities. He regularly handles cases before Connecticut's state and federal trial and appellate courts, including Connecticut's complex litigation docket, and bankruptcy court. In addition, Mr. Pitblado has handled numerous cases in other state and federal trial and appellate courts as pro hac vice counsel, in pretrial proceedings, at trial, and on appeal. He earned his B.A. degree from University of Vermont and University of Connecticut School of Law.
Speaker bio
Etan Hirsch
is an attorney with the law firm of Hirsch Andrade LLP in Bridgeport, where his practice is focused on personal injury, automobile negligence, and premises liability cases. During law school, he interned at the Office of the Attorney General of the State of New York, and the Connecticut State's Attorney's Office. In addition, Mr. Hirsch served as a judicial intern in the chambers of Magistrate Judge Joyce London Alexander of the United States District Court for the District of Massachusetts. He earned his B.A. degree from George Washington University and his J.D. degree from Suffolk University Law School. Mr. Hirsch is admitted to practice in Connecticut, and is a member of the Connecticut Trial Lawyers Association, American Bar Association, Greater Bridgeport Bar Association and the American Association for Justice.
Speaker bio
Patrick Tomasiewicz
is the owner and principal partner of Fazzano & Tomasiewicz, a firm specializing in criminal and civil litigation located in Hartford, Connecticut, where he has been in private practice for more than 30 years after graduating from the University of Bridgeport School of Law. Mr. Tomasiewicz is admitted to practice and has been involved in cases in the Connecticut state and federal courts, The U.S. Court of Appeals, the U.S. Court of Federal Claims, and the U.S. Supreme Court. His professional memberships include the Hartford County Bar Association, the Connecticut Trial Lawyers Association, the American Trial Lawyers Association, the Civil Justice Foundation, and the Connecticut Criminal Defense Lawyers Association. He also serves as counsel for the Fraternal Order of Police, Hartford Chapter. Since 2004, Mr. Tomasiewicz has maintained certification with the National Board of Trial Advocacy in civil litigation. He has been honored since 2007 as a Connecticut Super Lawyer and as a New England Super Lawyer. He is currently the treasurer for the Hartford County Bar Association and has also been elected to the Board of Governors of the Connecticut Trial Lawyers Association. Besides his commitment to the firm, Mr. Tomasiewicz has written a chapter in the 2016 compendium, Connecticut Criminal Procedure (Chapter 5, "Jeopardy, Pre-Arrest Delay, Speedy Trial, and Prosecutorial Discretion"). He has lectured individually and participated in panels before members of the HCBA and CTLA on the following topics: "Ten Most Wanted Pieces of Evidence," "The Hearsay Rule and Exceptions: Friend or Foe," "What You Want to Know About Depositions," "Courthouse Practice and Procedure," and "Panel Voir Dire." He serves as an adjunct professor at the University of Hartford in their legal studies program teaching Criminal Law and Professional Ethics. Mr. Tomasiewicz has also served as an instructor in the Laborers-AGC Apprenticeship Law class in Chicago, Illinois.
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