September 19–20, 2013
Falmouth, Cape Cod, Massachusetts


The #1 way to grow an expert witness practice is to build the reputation of being an effective witness. This is a small group, hands-on, fast-moving interactive workshop covering deposition,direct examination, and cross-examination skills. Attendees will learn how to become markedly more effective and significantly more valuable expert witnesses.

Instruction will utilize four methods: lecture, questions & answers, videos of experts actually testifying in real cases, and mock trial demonstrations using student volunteers. The mock trial demonstrations are based upon a C.V. and sample report submitted in advance by each attendee. Each attendee will have an opportunity to participate in demonstrations and to receive constructive feedback as to how to improve their performance.

Each attendee will also receive feedback on their pre-submitted bio and report. In addition, each attendee will be provided with a content rich, 239 page seminar manual.

Learning Objectives:
At the conclusion of this workshop, you should be able to:

• Discuss the strategies and goals of opposing counsel at deposition and during cross-examination
• Describe how to properly prepare for deposition and trial
• Discuss strategies that can be followed when giving an expert deposition and when testifying at trial
• Explain techniques for excelling at videotaped depositions
• Explain opposing counsel’s deposition and cross examination tactics and how to defeat each tactic
• Describe techniques you can use when testifying at deposition and trial
• Discuss methods for responding to trick and difficult questions at deposition and trial
• List teaching methods that can be used to improve the persuasiveness of your expert testimony
• List techniques for developing powerful, memorable language and analogies
• Describe how to best insulate yourself from attacks by opposing counsel
• Discuss techniques to make a positive impression on the jury


Day One (Thursday, September 19, 2013)



8:00–8:30 Deposition Law and Procedure
You will learn what counsel can and can not ask, the extent of privilege protections, what objections may and may not be made, how to recognize and deal with abusive attorney behavior and whether you should read and sign the deposition transcript. Questions & Answers

8:30–9:00 Understanding the Strategies and Goals of Opposing Counsel
You will learn the general and specific goals of deposing counsel and how counsel will prepare to depose you. Questions & Answers

9:00–9:30 Preparing for your Deposition
You will learn how to prepare for your deposition, both alone and with retaining counsel. You will be provided with a detailed list of the likely areas of inquiry in an expert deposition. Questions & Answers

9:30–10:15 Deposition Strategies for Experts
You will learn a 4 step methodology for answering deposition questions. In addition, you will learn numerous strategies to truthfully and artfully answer deposition questions. Questions & Answers


10:30–11:00 Understanding and Defeating Counsel’s Deposition Tactics
You will learn over two dozen tactics that are likely to be used against you and will be provided with strategies to defeat each of these tactics. Questions & Answers

11:00–11:15 Videotape Depositions: Special Techniques
You will learn special techniques which are applicable when your deposition is being videotaped. Questions & Answers

11:15–12:00 Advanced Deposition Tactics for Experts
You will learn numerous techniques that will help you to excel during your expert deposition. Questions & Answers

12:00–12:45 LUNCH WITH FACULTY (Provided)

12:45–1:30 Pulling it all Together: Truthfully and Artfully Answering Trick and Difficult Questions at Deposition
The faculty will go around the room and ask difficult deposition questions. The attendees’ responses will be critiqued.


1:30–2:00 Introduction and Executive Summary of Persuasion Techniques for Expert Witnesses
You will learn the twelve key techniques to utilize in order to be a more effective expert witness during direct examination. Questions & Answers

2:00–2:30 Preparation
You will learn 15 techniques for how to best prepare to give persuasive expert testimony during direct examination. Questions & Answers

2:30–3:00 How to Best Put Forth your Qualifications
You will learn 14 techniques to more persuasively explain your credentials and to put your credentials in context. Questions & Answers


3:15–3:30 Commenting on the Opposing Expert and His Opinion
You will learn the special techniques to utilize when you are asked to comment on the opposing expert’s opinion. Questions & Answers

3:30–4:00 Developing a Harmonious Interaction with Retaining Counsel
You will learn how to make your testimony easy to understand and interesting to follow. You will also learn how to avoid making your testimony appear to be rehearsed and how to present non-traditional, “soft challenge” direct testimony. Questions & Answers

4:00–4:30 Creating and Using Powerful, Memorable Language and Analogies
You will learn 12 techniques for using more powerful, memorable and understandable language. Questions & Answers

4:30–5:00 Optimizing Your “Teaching” Skills
You will learn numerous techniques to more effectively “teach” the jury. Questions & Answers

Day Two (Friday, September 20, 2013)


7:00–7:30 Reading and Bonding with the Jury
You will learn 17 techniques to read and more effectively bond with the jury. Questions and Answers

7:30–8:00 Dealing with Problem Areas and Weaknesses
You will learn advanced ways to deal with problem areas during your direct examination. Questions & Answers

8:00-8:30 The Biggest Mistakes Experts Can Make that Can Turn Off Judge and Jury
You will learn how to avoid the 37 biggest mistakes that can turn off the judge and jury. Questions & Answers


8:30–9:15 Protecting Yourself from Attacks on your Credibility and Credentials
You will learn 8 techniques for protecting yourself from attacks on your credibility and credentials. Questions & Answers


9:30–10:15 Forming Airtight Opinions
You will learn 24 methods to make your opinions resistant to effective cross-examination. Questions & Answers

10:15–10:30 How Trial Attorneys Prepare for Cross-Examination of an Expert
You will learn how an attorney investigates an expert and his opinions and how an attorney maps out the questions that he will ask during cross. Questions & Answers


10:45–12:00 Advanced Cross-Examination Techniques
You will learn over 40 techniques to be a more effective expert witness during cross-examination. Questions & Answers


12:45–1:15 Staying One Step Ahead of Counsel During Cross-Examination
You will learn 34 tactics that attorneys will use during cross-examination and how to defeat each of these tactics. Questions & Answers

1:15–1:45 Going on Offense During Cross-Examination
You will learn numerous techniques for how to turn the tables on opposing counsel. Questions & Answers

1:45–2:30 How To Skillfully Answer Trick And Difficult Questions
The faculty will go around the room and ask difficult cross-examination questions. The attendees’ responses will be critiqued. Questions & Answers