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 Attacking the Expert's OpinionVideo Replay Prices from $229.00 to $299.00 or call 303-860-0608(toll free 888-860-2531) Shopping Cart
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October 2009
Attacking the Expert's Opinion
Program Description:
The adverse expert is typically the most dangerous witness because he testifies cloaked in the mantle of the "unbiased scientist"; thus, his testimony - if accepted by the jury - can determine an issue ... maybe the entire case.
There is one right, logical method with which to effectively attack that testimony at deposition ... no matter the area of law, no matter the field of expertise. As never before, this seminar brilliantly elucidates that logical method and teaches the archetypal set of integrated questions that are at the heart of every great adverse expert deposition.
Agenda:
8:30 - 10:00 a.m.
- World-class expert introduced
- Overview: deposition logic applied to experts
- When attacks vs. expert should be played at deposition
- Cross-examiner's problems
- Expert's pedestal & expert's problems
- The structure of every opinion: O = R + 2F
- End point opinions, subordinate opinions, bedrock findings, & bedrock assumptions
- Critical listening skills (a quick test)
10:00 - 10:10 a.m.
Break
10:10 - 11:20 a.m.
- The schematic every-case-forever chart introduced
- Five categories of expert opinions
- Two must-be-asked questions
- Ten types of expert rules
- X and Y factors defined
- Scientific vs. experiential rules (science vs. art)
11:20 - 11:30 a.m.
Break
11:30 - 12:30 p.m.
- Non-expert rules and the cloak of expertise
- Expert's rule's essential factors ("necessary" and "sufficient")
- Expert's weighing process
- Critical listening skills (2nd quick test)
- Two incredibly important -and easy to master- techniques
12:30 - 1:30 p.m.
Lunch - On Your Own
1:30 - 2:50 p.m.
- Attacks vs. expert's X factors
- The certainty scale and two archetypal arguments
- Six sources of assumptions
- Attacking expert's findings derived through expert methods
- Attacking expert's findings derived through non-expert methods
- Expert's self-anointed pedestal-status (3rd quick test)
2:50 - 3:00 p.m.
Break
3:00 - 4:30 p.m.
- Expert's three - and only three - attacks vs. Y factors
- Numerical hypothetical questions (bright line test vs. subjective grey)
- Freud vs. Frasier (expert's psychological insights)
- Occam's Razor. (the law of parsimony)
- Musaccam's Razor and the weak links in expert's opinion
- Attacking expert's double standard re career
- Attacking expert's double standard re case
- Coda: Don't squander the deposition of opposing expert
4:30 p.m.
Adjourn
About our Faculty
Robert Musante
Robert Musante is the nation's foremost teacher of deposition cross-examination. He has taught the logic essential to taking great adverse depositions - of "fact" witnesses and experts - to more than 30,000 litigators in 40 states. He has made in-house presentations to the attorneys-general of 11 states and to the partners and associates of nearly 80 litigation law firms. He is the author and presenter of several seminars including: Attacking the "I don't know," "I don't remember," & "I do remember" (since 2007); The Stupid Orthodoxy, R.I.P. (2000); Preparing For - And Defending Against - The KILLER! Adverse Deposition (2000); Attacking the Expert's Opinion and Attacking the Expert's Pedestal (since 1999); and Great! Adverse Depositions: Principles and Principal Techniques and Mastering the Toughest-to-Craft Credibility Arguments (since 1993). He received his Bachelor of Arts in English Literature from the University of California at Davis, and his Juris Doctor from the University of California at Berkeley, Boalt Hall Law School.
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