Expert Qualification, Designation, & Declarations


On March 16th, 2016 at 10:00 A.M., Pete Fowler and Paul Kushner will be presenting a one-hour webinar called Expert Qualification, Designation & Declarations. Reserve your seat today! This program is for insurance and legal professionals who hire and manage expert witnesses and expert teams. 

Having the right expert or experts on your side when it comes to litigation can make or break a case. Expert Qualification, Designation & Declarations is a one-hour overview of the process for successfully (1.) deciding what expertise you need, (2.) finding qualified experts, (3.) designating experts in litigation, (4.) working together to compose expert declarations, and (5.) navigating some of the complexities of managing a team of experts. We will discuss some of the nuances and complexity of selecting experts with significant litigation experience versus deep, specialized industry experience, but little or no experience with testimony. Experts with the right combination of knowledge, skill, experience, and the ability to communicate technical information to non-technical people, so that audience can make informed and intelligent decisions, is a rare package. And some people you think would make a great expert just fold like a lawn chair under cross-examination, even when they are right! Throughout our program, we will be reviewing case studies and examples of awesome work. We will begin with a quick review of another PFCS seminar, Expert Witness Success, which is closely related to this material. Let us know (make "let us know" a link to the marketing@petefowler.com email) if you'd like to review recordings of either of these programs, or if you'd like a presentation delivered in your office. 

Learning Objectives

  • Overview of expert witness success
  • Overview and discussion of expert qualifications
  • Discussion and review sample expert designations
  • Discussion and review sample expert declarations
  • Discussion of expert teams and avoiding duplicative testimony

Program Outline

  1. Introduction
  2. Expert Witness Success
  3. Qualifications
  4. Designations
  5. Declarations
  6. Expert Teams
  7. Conclusions

This program is approved for one hour of CLE for attorneys in California. Pending approval in Nevada and Oregon. This program is not approved with the California Department of Insurance.

Program Contents

  1. Introduction (5 minutes)
    • A. Presenter Information
    • B. Webinar Materials
    • C. CE Certificates
    • D. Feedback
    • E. Learning Objectives
    • F. Program Introduction / Summary
    • G. Resources
  2. Expert Witness Success (8 minutes)
    • A. Preparation
    • B. Planning
    • C. Presentation
    • D. Performance
    • E. Pitfalls
  3. Qualifications (12 minutes)
    • A. Case Study
    • B. Federal Rules
    • C. Resumes
    • D. Education
    • E. Industry Experience
    • F. Continuing Education, Certifications, Presentations, Publications
    • G. Expert Experience
    • H. Testimony Experience
    • I. Expert Experience vs. Industry Experience
    • J. Generalist vs. Specialist
    • K. That's A Stretch
  4. Designations (10 minutes)
    • A. Case Study
    • B. Why My Expert is Awesome! 
    • C. Scope of Testimony (Expectations)
    • D. Narrow vs. Broad
  5. Declarations (10 minutes)
    • A. Case Study
    • B. This is More Important Than Testimony
    • C. When my client says "Don't put anything in writing..." 
    • D. Lovingly Craft Your Words
    • E. We Are Not Nordstrom. The Client is NOT Always Right. (Negotiation)
  6. Expert Teams (10 minutes)
    • A. Case Study
    • B. Designation of Two Experts
    • C. Designation of Many Experts
    • D. Generalist AND Specialist
    • E. Cat Herding
    • F. Harmony
    • G. Expert Team Matrix
    • H. An Army of Lions... 
    • I. Finding and Hiring A Qualified Expert
    • J. Firing An Expert
  7. Conclusions (5 minutes)
    • A. Learning Objectives
    • B. Program Outline
    • C. Webinar Materials
    • D. CE Certificates
    • E. Feedback

Backup Materials

  1. Sansovino Designation
  2. Union Square Declaration(s)
  3. Dan Pezold stucco project
  4. Current Horton Project with Ranjan as attorney (Stetson or ??)
  5. Wells Residence Designation(?), Declaration (FOR SURE), Trial (https://intranet.petefowler.com/projects/07-379/documents)