Effective Expert Witnessing, Fourth Edition
Practices for the 21st Century
4th Edition
Published on 1. March 2004
Book
Hardback
160 pages
978-0-8493-1301-1 (ISBN)
Description
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.
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.
More details
Edition
4th New edition
Language
English
Place of publication
Bosa Roca
United States
Publishing group
Taylor & Francis Inc
Target group
Professional and scholarly
Professionals interested in becoming expert witnesses, attorneys, judges
Edition type
New edition
Illustrations
2 s/w Photographien bzw. Rasterbilder, 2 s/w Abbildungen
2 Halftones, black and white; 2 Illustrations, black and white
Dimensions
Height: 235 mm
Width: 156 mm
Weight
386 gr
ISBN-13
978-0-8493-1301-1 (9780849313011)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
New editions
Book
08/2012
5th Edition
Routledge
€170.70
Shipment within 15-20 days
Previous edition
Jack V. Matson
Effective Expert Witnessing, Third Edition
Book
12/1998
3rd Edition
CRC Press
€93.03
Article exhausted; check for reprint
Persons
Content
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
Effect Expert Testimony (CD-ROM)
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
Effect Expert Testimony (CD-ROM)