Expert Witness Practice for Advocates | Professional Education Group

 Mauet-Cash

Expert Witness Practice for Advocates

A “How To” Guide to Every Lawyer’s Challenge

Thomas A. Mauet and Michael P. Cash

Your investment (time and money) in continuing education should reap immediate dividends for your practice. When you leave Expert Witness Practice for Advocates, you will have the rules, tools, citations and case-proven strategies to confidently and persuasively

  • find and retain the right experts;
  • understand expert witness reports;
  • prepare them for maximum impact at deposition and trial;
  • organize and deliver an effective direct examination;
  • get the most out of cross-examination; and
  • memorably weave the expert’s findings into your case so the fact-finder will understand and decide in your favor.

Thomas A. Mauet, this country’s most widely-read expert on trial advocacy, and Michael P. Cash, a world-class litigator, assist you in elevating your expertise in this critical art with a practicefocused, entertaining and informative day inside the rules and procedures of an effective expert witness practice.

Mauet and Cash detail the steps winning advocates take from making the initial decision to retain, through preparation, direct and cross, with a keen eye on adding successful impact to your closing argument. They thoroughly cover expert depositions, Daubert hearings, “hidden” and little-used rules and much more to provide you with a truly complete tour of expert practice and procedure. Critical checklists, forms and dynamic demonstrations make this program stand out from any other offered in the United States.

Mauet and Cash combine more than 50 years of experience in practice, teaching and writing about litigation. They couple the technical with the eminently practical in a lively, interactive format that delivers unparalleled knowledge, valuable checklists, convenient forms and winning advocacy technique. When the novelty of “killer-type” CLE programs wears off, the substance and depth of programs like Expert Witness Practice for Advocates remains, adding excellence to your practice. You’ll enjoy your day as Mauet and Cash help redefine your expertise in this critical aspect of representing your clients zealously and effectively.

Program Outline & Schedule (6 hours)

[Part I: 90 minutes]

Do You Need an Expert?

  • Plaintiff & Defendant Considerations
  • Determining Costs

Finding and Retaining the Right Expert

  • Pros & Cons of Using a “Professional” Expert
  • Juror Expectations — How to Understand & Influence Them
  • Will Your Expert Survive Judicial Scrutiny?
  • Communicating With Your Expert
    • Sensitive Work Product Issues
    • Privilege Issues (if your client is present)
    • Law and Common Mistakes
  • Compensation
  • Defining (with precision) Who Will Do the Work

Planning Expert Discovery
Qualities of a Good Expert Report

[15 minute break]

[Part II: 90 minutes]

Deposition Planning and Execution

  • Deposition Strategy
    • Take ‘em Early vs. Take ‘em Later
    • Recorded (video) vs. Court Reporter
  • Preparing to Depose Your Opponent’s Expert
    • Use Your Consulting and Testifying Experts to Educate Yourself About Your Opponent’s Expert
    • Deposition Checklist(s)
  • Taking the Expert’s Deposition
    • The First Minute
    • Questioning Techniques & Form
  • Preparing Your Expert to be Deposed
  • Representing Your Expert at the Deposition
  • Problems During the Expert’s Deposition
    • Issues and Objections
    • Making a Record
    • Going to the Judge

[Lunch]

[Part III: 90 minutes]

Daubert Hearings and Motions in Limine

Voir Dire re Experts

Crafting Opening Statements re. Experts

Direct Examination

  • Reducing 100% to 10%
  • Creating “The 20 Minute Expert”
  • Using Depositions of Absent Experts
  • Addressing Problems on Direct

[15 minute break]

[Part IV: 90 minutes]

Impeaching an Absent Expert

  • FRE 806 — The “No, You’re Not Screwed” rule

Preparing Yourself and Your Expert for Cross

  • Organizing Your Cross-Examination
  • Using Technology on Cross-Examination
  • Dos and Donts

Cross-Examination

  • The Nine Avenues of Attack
  • Building Up Your Expert
  • Why Experts Disagree

Using Expert Testimony in Closing Argument

[Adjourn]

Unconditional Guarantee
If you are not convinced that your understanding of the course topic has
improved after completion of any
 P.E.G.® seminar, we will refund your course tuition.