Effective
Expert Witnessing, Fourth Edition: Practices for the 21st
Century by Jack V.
Matson.
• Presents expert witnessing and case studies across
the disciplines, in science, medicine, engineering, and more
• Illustrates concepts with actual deposition and trial transcripts
• Examines the psychology of litigation - ways to withstand it
and use it ethically
• Demonstrates how the Daubert decision and Kumho ruling have been
applied in recent litigation
• Includes an Effective Expert Testimony CD-ROM video as a guide
for experts on the witness stand
Expert witnesses have traditionally faced enormous challenges
in the courtroom. The Daubert decision and the more recent Kumho
ruling have further intensified the scrutiny on professionals
in all disciplines expressing their expert opinions.
Effective Expert Witnessing, Fourth Edition broadens the scope
of previous editions by featuring case studies and examples from
a wide range of disciplines including psychology, medicine, forensics,
toxicology, engineering, and environmental science. It presents
legal survival strategies needed by expert witnesses in all fields
by addressing the impact of the recent rulings regarding expert
testimony. The fundamentals of the litigation process are thoroughly
presented, with chapters on the pre-trial process, trial preparation,
and the courtroom drama.
Table of Contents:
Table of Contents
THE LEGAL ENVIRONMENT AND EXPERT WITNESSING
The Legal Environment
Lawyers and Litigation
Evidence
The Role of the Expert Witness
What is an Expert Witness?
How Expert Witnesses Are Used
Types of Experts
Relationship between Lawyers and Experts
The Expert Report
Key Cases and Precedents Affecting Expert Witnessing
United States v. Frye
Daubert v Merrill Dow Pharmaceuticals, Inc. (1993)
General Electric v. Joiner (1997)
Carmichael v. Kumho Tire Company
A Note on the Hearsay Rule
A Closer Look at the Impact of Daubert
Conformity vs. Flexibility
Standards for Reliability and Relevance
The Role of the Judge under Daubert
Daubert Applied
The Impact of Daubert on Expert Witnessing
A Word on Junk Science
An Additional Impact of Daubert - The Amended Rules of Evidence
THE LITIGATION PROCESS
The Pre-Trial Process
Affirmative Defenses
Discovery
Interrogatories
Automatic Disclosure
Production of Documents
Organization of Documents
Chain of Custody
The Expert Report
Preparing the Expert Report
Deposition
Preparing for a Deposition
The Process of Deposing Expert Witness
The Subpeona
The Setting
The Opposing Attorney's Intent
Additional Pointers
Ending the Deposition
Preparing for Trial
Developing the Trial Theme
Preparing the Lawyers
Changing Your Opinion
Trial Exhibits
Motions
Understanding the Judge
Types of Juries
Jury Selection
The Courtroom Drama
The Jury - The True Audience of the Trial
Opening Statements
Direct Examination
The Role of the Directing Attorney
Building the Case
Preparing for Cross-Examination
Cross-Examination
Opposing Counsel's Strategies
Jury Instructions and Closing Arguments
Post-trial Motions and Appeals |
THE ART, BUSINESS, AND FUTURE OF EXPERT WITNESSING
The Art of Expert Witnessing
Developing the Professional Relationship
What a Lawyer Expects from an Expert
What an Expert Should Expect from a Lawyer
The Art of Expert Witnessing
Practice
Study
Be Prepared
Be Professional
Be Organized
Tell the Story
Show Emotion
Educate
Create Vivid Visualizations
The Ethnics of Expert Witnessing
The Future of Expert Witnessing
Revisiting the Use of "Neutral" Experts
The Impact of Technology
Alternative Dispute Resolution
Tort Reform
The Business of Expert Witnessing
Expert Witness Liability
Forming an Expert Witness Business
General Corporation
Close Corporation
Subchapter S Corporation
Limited Liability Company
Contractual Considerations for Expert Witnesses
Basic Types of Contractual Agreements
Retainer Contracts
Time and Materials Contracts
Flat-Fee Contracts
Term of Agreement
Fees and Expenses
Billing and Payment Terms
Confidentiality
Conflict of Interest
Statement of Work
Termination
Marketing
Organizational Directories
Professional Societies
Expert Witness Service Companies
Networking
Letters to Attorneys
Advertising
Direct Mail
Expert Referral Agencies
Education-Based Marketing Strategies
Bibliography
Appendix A - Expert Witness Report
Index
EFFECTIVE EXPERT TESTIMONY (CD-ROM) |
Review:
"Effective Expert Witnessing is a
well-conceived and well-written book that organizes the often
seemingly chaotic proceedings of litigation into a logical, structured,
step-by-step process, one that individuals outside the legal
community can readily understand. The numerous suggestions and
analyses presented by the authors serve to bridge the gap between
scientific expert witnesses and the legal community. The case
studies highlight the impact and importance of the interrelationships
of the fields of science, health care, and the law. This book
is recommended for individuals possessing scientific knowledge
and expertise who contemplate undertaking the role of a consulting
or testifying expert witness. In addition, physicians who are
summoned to testify in a court of law, and attorneys involved
in various kinds of medical-legal litigation, will find this
book an especially useful reference."
-Journal of Legal Medicine, Vol. 26 No. 4, Dec. 2005
Hardcover
140 pages
9.6" x 6.4"
ISBN 0849313015
retail $119.95
Our Price $95.95
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