Expert Testimony: Preparing for Examination & Analyzing Testimony of Others
Introduction
Testimony is what legal cases are made of. It is the most compelling evidence of all. Therefore, we should think VERY hard about it, in the context of any legal matter we are working on. First, we need to elicit the testimony we need, then, we need to analyze, summarize, and use it in well-supported arguments.
In our work on building-related litigation, we sometimes know (or think we know)what is going on without reviewing testimony, because construction projects are so document-intensive. But in some cases, we learn almost 100% of the "facts" from testimony. Of course, the "facts" described in testimony are not carved in stone and carried down a mountain. At best testimony is based on memory, prompted by contemporaneous documentation, and at worst it's intentionally false.
Everylitigated case is a competing story of who is right and wrong, and how the law applies to the facts as presented. Our primary job as expert consultants and witnesses is to organize and understand the evidence and explain it to our clients in plain language so that they can make smart decisions.
This program is all about the work of a case using testimony. We will begin with our framework analysis. Then we'll be on to discuss preparing to question and questioning a witness, analyzing testimony, and utilizing testimony in reports.
Webinar
Register for our upcoming webinar:
Date: Thursday, October 28th, 2021
Time: 10:00am Pacific
Duration: 60 minutes
Learning Objectives
Learn how to best prepare an expert for examination.
Summarize and gain a basic understanding of depositions.
Discuss how to utilize opposing expert testimony in analysis and reports.
Program Outline
Introduction
Construction Claims Analysis
Deposition Transcript Analysis
Using Testimony In Analysis & Reports
Deposition Questions
Conclusion
Continuing Education
1.0 Credit with the Nevada State Bar
1.0 Credit with the Florida State Bar
1.0 Credit with the Oregon State Bar
1.0 Credit with the California State Bar
1.0 Credit with the California Department of Insurance