Mastering Expert Witness Depositions and Cross-Examinations (Includes 1hour of Ethics)
Live Video-Broadcast: October 29, 2024
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Tuition: $295.00
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Program Summary
Session I – Mastering Expert Witness Depositions – Dan Shulman and James Susag
This session will examine practical strategies and techniques for preparing for and conducting expert witness depositions. In preparing to depose an expert witness, attorneys must research and evaluate the expert’s qualifications. Attorneys should also develop strategies and case theories that will guide their deposition questioning. This session will cover how to develop strategies to attack a witness’s testimony, take the right tone with the expert, and utilize expert reports and other materials to undermine their opinions in a deposition.
Key topics to be discussed:
- Preparing for an expert witness deposition
- Ways to strategically use deposition testimony
- Deposing difficult expert witnesses
Session II – Cross-Examination of Expert Witnesses – Dan Shulman and James Susag
Cross-examining an expert can be a slippery slope down which a lot of lawyers slide to their great misfortune. This session is intended to help lawyers climb this slippery slope to the great dismay of opposing counsel, or at least to minimize the harm to your own case. Most experts are professional witnesses. Many are not very likeable. Some are professional hacks who will say whatever the lawyer who hired them wants them to say. This session should help you cross-examine experts at trial effectively and proficiently.
Key topics to be discussed:
- Using your own expert to optimize your cross-examination of opposing experts
- Setting up motions to strike expert testimony or exclude experts from testifying
- Avoiding pitfalls in expert cross-examination
- Best methods of impeachment for experts
Session III - Effective Cross-Examination and Trial Integration - Lisa Szyc
This session will examine the art of cross examination: Mastering timing and precision organization. The key to an effective cross examination is preparation for each witness. You must know the ins and outs of the facts of the case better than the witness who will be the subject of the cross examination. You must be confident and effective. A well performed cross examination can reveal witness bias, prejudice and credibility issues. Precise cross examination will set you up to deliver a stellar closing argument.
Key topics to be discussed:
- Preparation is key
- Examining the witness
- Examples of effective vs ineffective cross examination
- What it will reveal when it is done correctly
- Using trial theme in cross examination
Session IV – Ethical Considerations in Expert Depositions - Lisa Szyc
This session will examine ethical considerations in expert depositions. Experts are highly qualified witnesses which can present unique challenges for cross examination. Experts are paid for their opinions and testimony, so how do you question an expert without implying that they have been paid for their opinion.
Key topics to be discussed:
- Client confidences
- Hypotheticals
- Witness coaching
- Compensation
- Duty to your client to be prepared
This course is co-sponsored with myLawCLE.
Date / Time: October 29, 2024
- 11:00 am - 3:30 pm Eastern
- 10:00 am – 2:30 pm Central
- 9:00 am – 1:30 pm Mountain
- 8:00 am – 12:30 pm Pacific
Closed-captioning available
Speakers
Dan Shulman | Shulman & Buske Reams
With an illustrious career spanning five decades, Dan Shulman stands as a distinguished trial lawyer renowned for his prowess in complex commercial and civil rights litigation. Since his admission to practice in Minnesota in 1970, Dan has been at the forefront of legal advocacy, successfully trying lawsuits in state and federal courts across Minnesota and various other states.
A trailblazer in his field, Dan holds memberships in prestigious legal organizations, including the International Academy of Trial Lawyers, the American College of Trial Lawyers, and the Litigation Counsel of America, where he serves as a Fellow Emeritus.
Recognized for his exceptional legal acumen, Dan was honored as a Minnesota Lawyer of the Year in 2012 and 2018. In 2021, his dedication to excellence earned him a coveted spot in The Best Lawyers in America, acknowledged for his expertise in Antitrust Law, Bet-the-Company Litigation, and Commercial Litigation.
Dan’s academic journey reflects a commitment to intellectual rigor, with a Bachelor of Arts degree cum laude from Harvard College (1965), a Master’s Degree in English Literature from Yale University (1967), and a Juris Doctor degree with honors from Harvard Law School (1970).
Beyond his remarkable achievements, Dan continues to shape the legal landscape, leaving an indelible mark on the profession through his unparalleled experience and unwavering dedication.
James Susag | Larkin Hoffman
James M. Susag is a seasoned trial attorney with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country and in domestic and international arbitration forums. Jim has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to courtroom experience in crafting resolutions for their business disputes.
Lisa M. Szyc | Backus Burden
I graduated with a B.A. in Political Science from the University of Nevada Las Vegas. I attended law school at North Carolina Central University School of Law. I was admitted to the Nevada bar in 2009. Over the years I have practiced in the areas of criminal defense, family law and general civil liability. I have extensive bench and jury trial experience and think being a litigator is one of the best parts of being a lawyer. When I am not advocating for my clients I am actively involved in giving back to my community in various philanthropic endeavors.
Agenda
Session I – Mastering Expert Witness Depositions | 11:00am – 12:00pm
- Preparing for an expert witness deposition
- Ways to strategically use deposition testimony
- Deposing difficult expert witnesses
Break | 12:00pm – 12:10pm
Session II – Cross-Examination of Expert Witnesses | 12:10pm – 1:10pm
- Using your own expert to optimize your cross-examination of opposing experts
- Setting up motions to strike expert testimony or exclude experts from testifying
- Avoiding pitfalls in expert cross-examination
- Best methods of impeachment for experts
Break | 1:10pm – 1:20pm
Session III – Effective Cross-Examination and Trial Integration | 1:20pm – 2:20pm
- Preparation is key
- Who is the witness
- What are you trying to establish
- Bias/credibility
- Incriminating statements
- Favorable Facts
- Examining the witness
- Eye contact/tempo/pace
- Leading questions
- Laying foundation to impeach
- Attack mode vs leading down the Rosey path
- Examples of effective vs ineffective cross examination
- What it will reveal when it is done correctly
- Bias
- Prejudice
- Credibility issues
- Proof/undermine claims
- Using trial theme in cross examination
Break | 2:20pm – 2:30pm
Session IV – Ethical Considerations in Expert Depositions | 2:30pm – 3:30pm
- Client Confidences
- Communication with experts are usually discoverable
- Be mindful of “Reviewing Expert Draft Report”
- Hypotheticals
- Hypotheticals are permitted but must be based on facts that are submitted on admissible evidence
- False testimony
- Cannot suborn perjury
- Duty of candor to the court (this goes with the hypotheticals)
- Witness coaching
- You cannot coach your witness
- You cannot influence witness testimony or opinion
- You cannot manipulate the facts of the case
- Compensation
- What an expert has been paid is appropriate cross-examination topics
- Establish basis
- “Bought and Paid” expert opinion
- Duty to your client to be prepared
- Know your Case
- Do your homework
- Don’t try to our expert the expert
- Remember the tips for the effective cross-examinations
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