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Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them

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ISBN: 9781601563996
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Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Third Edition as your guide.

Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with:

•   New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery
•   Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure
•   Updated discussion of the ethical rules governing expert retention and testimony
•   Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning
•   Checklists for quick reference

The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them.

Authors / Contributors

Table of Contents

Acknowledgments


Chapter One. Introduction

1.1 Who Needs This Book

1.2 Expert Testimony

1.3 Who Can Testify as an Expert?

1.4 Admissibility


Chapter Two. Credibility

2.1 The Expert as Teacher

2.2 The Expert's Overview

2.3 Decision-Making

2.4 Credibility Variables

2.5 Appearance and Demeanor

2.6 Off the Stand


Chapter Three. Preparation

3.1 Introduction

3.2 Identifying the Issue

3.3 Transferring the Information

3.4 Developing the Data

3.5 Organizing and Preparing the Opinion


Chapter Four. Discovery and Depositions

4.1 Introduction

4.2 Document Production and Written Interrogatories

4.3 Discovery Depositions: Technical Details

4.4 Discovery Depositions: Lawyers' Goals

4.5 Discovery Depositions: What to Expect

4.6 Witness's Role: Coping with Counsel

4.7 Making the Record

4.8 Evidence Depositions


Chapter Five. Direct Examination

5.1 Introduction

5.2 The Role of Direct Examination

5.3 Offering Expert Testimony

5.4 Clarity and Credibility

5.5 Objections

5.6 Redirect Examination


Chapter Six. Cross-Examination: The Basics

6.1 Introduction

6.2 Lawyer's Goal: Control

6.3 Witness's Perspective: Teach and Explain


Chapter Seven. Cross-Examination: What to Expect

7.1 Introduction

7.2 Lawyer's Preparation

7.3 Challenging Credentials

7.4 Obtaining Favorable Information

7.5 Learned Treatises

7.6 Impeachment

7.7 Challenging Impartiality

7.8 Omissions

7.9 Substituting Information

7.10 Visual Aids and Other Demonstratives


Chapter Eight. Cross-Examination: How to Cope

8.1 Introduction

8.2 Redirect Examination

8.3 Responding to Cross: General Principles

8.4 Responding to Cross: Types of Questions and Answers

8.5 Responding to Cross: Trick Questions


Chapter Nine. Ethics and Professionalism

9.1 Introduction

9.2 Independence and Objectivity

9.3 Confidentiality

9.4 Loyalty and Conflicts of Interest

9.5 Fees

9.6 Discovery

9.7 Trial Conduct


Index