Effective Expert Witnessing, Fourth Edition

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)