How to Be an Effective Expert Witness at Deposition and Trial teaches you how to testify far more effectively as an expert witness. Expert witnesses who testify effectively generate positive word of mouth and often see their expert witness practices expand exponentially. In addition, effective experts enjoy the process of testifying much more and suffer far less testifying stress and anxiety.
In writing How to Be an Effective Expert Witness at Deposition and Trial, the authors have brought to bear their combined experience of over 56 years of training expert witnesses. During this time, they have trained over 10,000 expert witnesses including experts at the FBI, Secret Service, FAA, DoD, IRS, numerous professional associations, and countless high-stakes consulting firms.
As in their previous works, the authors get directly to the point, include executive summaries of the entire book and each chapter, use numerous examples, and make this an easy-to-use reference. The examples show why the expert’s responses were effective or why they were problematic, the consequences thereof, and how the responses could be improved. © 2016 SEAK, Inc. 475 pages.
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By James J. Mangraviti, Jr., Esq., Steven Babitsky, Esq. and Nadine Nasser Donovan, Esq.
YOU WILL LEARN
- How to testify more effectively as an expert witness
- The steps to properly and effectively prepare for your testimony
- How to reduce the stress and anxiety of testifying
- How to effectively reduce and prevent successful attacks against you
- Techniques to increase your credibility when testifying
- 35 techniques to help you bullet-proof your opinions
- Numerous time tested recommendations for effective deposition preparation
- Strategies & techniques to help you excel at your depositions
- Insights into the thinking, strategies and goals of counsel who deposes you
- The 9 categories of questions you will likely be asked at your deposition
- Hundreds of sample questions with artful, truthful replies
- Dozens of techniques to defeat counsel's deposition strategies
- How you can best prepare for testifying at trial
- How to effectively prepare with counsel for direct examination
- What you can and should do to prepare alone for direct-examination
- What you should insist that retaining counsel does with you for cross-examination preparation
- Questions you should ask counsel when preparing for cross-examination
- Why direct examination is more important than cross-examination
- How to excel during your direct-examination
- An explanation of why experts who are great teachers are so effective and persuasive
- 35 techniques to help you act as a great teacher of the jury or fact finder
- 71 advanced techniques to assist you during your cross-examination
- How to prevent problems during your cross-examination with 12 tested techniques
- Proactive steps you can and should take to help you with your cross-examination
- The 6 main areas of expert witness cross-examination
- Specific questions you will likely be asked during your cross-examination
- Dozens of examples of expert cross-examinations with practice pointers from the authors
- How to recognize and defeat counsel's cross-examination tactics
- 36 cross-examination tactics of counsel explained and demonstrated with examples and practice pointers
- If, when and how to go on the offensive during your cross-examination
- 23 techniques of how to go on the offensive explained and demonstrated with examples and practice pointers
COMPREHENSIVE AND EASY TO USE
This text is comprehensive and at the same time easy to use. The authors provide a concise executive summary chapter for quick review and reference.
Each of the 11 chapters contains:
- An executive summary
- Easy to read explanations of the main points with quick reference bullet-points
- Examples of deposition, direct and cross-examinations demonstrating the points made
- Practice pointers by the authors delivering direct suggestions and recommendations for the expert reader
- A detailed index to assist experts quickly and easily find the information and examples they need
Table of Contents:
CHAPTER 1: EXECUTIVE SUMMARY
CHAPTER 2: HOW TO INSULATE YOURSELF FROM ATTACK
CHAPTER 3: HOW TO BULLETPROOF YOUR OPINION
CHAPTER 4: HOW TO PREPARE TO TESTIFY AT YOUR DISCOVERY DEPOSITION
CHAPTER 5: HOW TO EXCEL AT YOUR DEPOSITION
CHAPTER 6: WHAT YOU CAN EXPECT TO BE ASKED AT YOUR EXPERT WITNESS DEPOSITION
CHAPTER 7: UNDERSTANDING AND DEFEATING COUNSEL’S DEPOSITION TACTICS
CHAPTER 8: HOW TO PREPARE TO TESTIFY AT TRIAL
CHAPTER 9: HOW TO EXCEL DURING DIRECT TESTIMONY
CHAPTER 10: HOW TO EXCEL DURING CROSS-EXAMINATION
CHAPTER 11: WHAT YOU CAN EXPECT TO BE ASKED ON CROSS-EXAMINATION
CHAPTER 12: UNDERSTANDING AND DEFEATING COUNSEL’S CROSS-EXAMINATION TACTICS
CHAPTER 13: TECHNIQUES EXPERTS CAN USE TO GO ON OFFENSE DURING CROSS-EXAMINATION
Frequently Asked Questions:
Q. I may not have time to read the entire book straight through is it still a good idea to purchase it?
A. We have included fast read executive summaries of the entire book and each chapter. This book is extremely useful as both a reference book to be consulted with when needed and as an instructional manual to read when time permits.
Q. What level of experience of the expert reader is this text best suited for?
A. How to Be an Effective Expert Witness at Deposition and Trial was written for both experienced highly accomplished expert witnesses as well as those experts with little experience who are starting out who want to be able to learn from the experience of the authors and mistakes of other expert witnesses.
Q. What type of experts in terms of area of expertise is this book written for?
A. Expert witnesses from all areas of expertise who testify at deposition and trial will be helped by this text. The principles, strategies, techniques and advice apply to all experts who are called upon to testify.
Q. Are there examples of expert witnesses testifying effectively in the book?
A. Yes, absolutely. We have included hundreds of examples of expert witnesses testifying effectively at deposition and trial. Practice pointers by the authors explain any mistakes made and how the expert could have avoided the mistake and improved the effectiveness of their testimony.
Q. As most cases settle before trial why is it important for experts to testify well at deposition and trial?
A. While most cases settle before trial, in many cases the expert is deposed before the case settles. To be successful as an expert witness, an expert must be able to excel at deposition and trial. Those experts who master these skills set are in high demand, can command premium fees, and are likely to obtain referrals and repeat business.
Q. What if I do not like the book or want to return it?
A. SEAK has a full money back guarantee for 30 days no questions asked. We get less than 1% of books returned for refunds.
Q. How fast do you ship out orders?
A. We typically ship within one business day.
Q. How are your orders shipped?
A. USPS Priority Mail. Overnight shipping is also available if needed. All orders ship from our offices on Cape Cod, Massachusetts.
Q. Is this book available cheaper on Amazon or other online sources?
A. No. We do not sell this book through Amazon or other online portals.
Q. Are there less expensive books available on expert witnessing?
A. Yes, but you will get what you pay for. This book contains the techniques taught by the leading experts on expert witnessing. We guarantee you will be satisfied or you can request a money back refund within 30 days.
Q. When do you have sales and offer discounted book prices?
A. SEAK does not conduct sales and does not discount its books.
Q. Who can I talk to if I have further questions?
A. Feel free to contact lead author James J. Mangraviti, Jr., Esq. at 978-276-1234 or Jim@seak.com.
About The Authors:
James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses through seminars, conferences, corporate training, training for professional societies, and training for governmental agencies including the FBI, IRS, Secret Service, and Department of Defense. He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses for upcoming testimony. Mr. Mangraviti assists expert witnesses one-on-one with report writing, mentoring, and practice development. He is a former litigator who currently serves as Principal of the expert witness training company SEAK, Inc. (www.testifyingtraining.com). Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. He is the co-author of twenty-nine books, including: How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing; How to Write an Expert Witness Report; How to Prepare Your Expert Witness for Deposition; How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies; Depositions: The Comprehensive Guide for Expert Witnesses; How to Excel During Depositions: Techniques for Experts That Work; Writing and Defending Your Expert Report: The Step-by-Step Guide with Models; The Biggest Mistakes Expert Witnesses Make and How to Avoid Them; Cross-Examination: The Comprehensive Guide for Experts; National Guide to Expert Witness Fees and Billing Procedures; and How to Market Your Expert Witness Practice: Evidence-Based Best Practices. Mr. Mangraviti was the co-founder in 2000 of SEAK’s Expert Witness Directory (www.seakexperts.com), which is an often-used national resource for attorneys to locate expert witnesses. He can be contacted at (978) 276-1234 or email@example.com.
Steven Babitsky, Esq., is the President and founder of SEAK, Inc., the Expert Witness Training Company. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Steve has helped expert witnesses and their attorneys prepare for deposition in a broad range of cases, including antitrust, patent, medical malpractice, wrongful death, computer forensics, and many others. He has trained the Federal Bureau of Investigation and the Federal Aviation Administration, and he has worked with numerous forensic and financial companies including Fortune 500 companies. In addition, he has worked with numerous experts to help them expand and grow their practices. Mr. Babitsky is the co-author of the texts How to Market Your Expert Witness Practice: Evidence-Based Best Practices; How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies; Writing and Defending Your Expert Report: The Step-by-Step Guide with Models; How to Excel During Cross-Examination: Techniques for Experts That Work; The A–Z Guide to Expert Witnessing; How to Write an Expert Witness Report;and How to Excel During Depositions: Techniques for Experts That Work. Attorney Babitsky is the co-developer and trainer for the “How to Be an Effective Expert Witness” seminar and has been the seminar leader since 1990 for the Annual National Expert Witness and Litigation Conference. Mr. Babitsky trains hundreds of experts every year.
Nadine Nasser Donovan, Esq., is a consultant/trainer for SEAK, Inc. Since 2002, she has trained countless expert witnesses through seminars, conferences, corporate training, and training for professional societies. Nadine is also frequently called upon to train and prepare individual expert witnesses in report writing or for upcoming testimony. She has helped expert witnesses prepare for upcoming testimony in a broad range of cases, including valuation, banking, accounting, patent, trade secrets, medical malpractice, wrongful death, computer forensics, and many others. She is licensed to practice law in New York, Massachusetts, and Rhode Island.
In addition to her work consulting and teaching for SEAK, Ms. Donovan is a Legal Writing Instructor at Boston University School of Law and an Adjunct Professor at New England School of Law, Boston, where she teaches courses in Medical Malpractice and Hospital Law. Ms. Donovan also serves as a Dispute Resolution Arbitrator for the Financial Industry Regulatory Authority.
Ms. Donovan previously practiced litigation for 21 years. She spent 18 years in the defense of medical professionals in medical malpractice actions and before medical licensing boards. In addition, Ms. Donovan started her career in New York City, first as a prosecutor in Queens and then as counsel for the city of New York. Ms. Donovan received her JD cum laude from Boston College Law School. She graduated from Fordham University summa cum laude with a BA in French Literature. Ms. Donovan is the co-author of the texts How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing and How to Write an Expert Witness Report. She may be contacted at (617) 791-4282 or firstname.lastname@example.org.
What people have to say about the book:
"How to Be an Effective Expert Witness at Deposition and Trial impresses with its almost 500 pages worth of hands-on, in-depth, in-the-trenches advice and instruction that anyone appearing in court or any legal proceeding as an expert witness ignores at their own peril… What impresses this reviewer about How to Be an Effective Expert Witness at Deposition and Trial is the thorough, no-stone-unturned practicality of their approach… Throughout How to Be an Effective Expert Witness at Deposition and Trial the authors use an enormous array of actual deposition and courtroom transcripts to illuminate every single point. They follow each with their “practical pointer” that concisely spells out what the expert did right – or just as often wrong, and how to correct it. such real-world examples – and there are a massive bulk of them – are invaluable and one of the elements that make this book indispensable."
"I found this book while I was working on my very first expert witness case. This book helped me write a comprehensive and accurate report by explaining this process in detailed yet straightforward manner. It also hugely bolstered my confidence as I have a much better understanding of all aspects of expert witness report writing and deposition process."
"In preparing for an upcoming deposition, I am making another pass through the book.
I have found the book extremely valuable in that it draws heavily from the real experiences of the authors, covers a multitude of issues and scenarios, and provides concrete suggestions for each case."
“This book is chock-full of actionable information to improve performance when in counts the most. What to do, and – most importantly – what to avoid. Highly recommended!”
“There’s no better book that gives you an all-in-one crash course on how to be an honest, credible, and effective expert witness.”
“I have found How to be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness a valuable resource for any physician entering the legal world. The practical advice and sample questions are exactly what opposing council will do to undermine your credible testimony. This book is the only way to fight back using the same and similar techniques attorneys have perfected to win at all costs. “
“This is an excellent book and should be in every expert witnesses' library. It has been, and will continue to be, my go to guide for preparing me for deposition and trial testimony. “
“I find the all of the SEAK publications extremely practical and pragmatic. The ‘trouble spots’ identified for report writing, direct examination, cross examination, and Daubert challenges are ‘real life’ examples that you will utilize repeatedly in your journey as an expert and are invaluable when they unexpectedly and inevitably come up. These books are an excellent investment in your career as an expert and pay dividends over time.”
“Important resource for the expert of tomorrow.”
“As a long-time litigation lawyer – but as a first-time expert witness -- I found “How to be an Effective Expert Witness…” to be the essential resource for deposition and trial preparation. Don’t prepare your report or testify until you have read this book and truly understand what it means to be an effective expert witness.”
“I have been doing expert witness work for 29 year in addition to my 36 years of full time university teaching. I was doing many things right but I was surprised at how many areas could be improved. I have read How to be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying from start to finish. I wish I had your book 30 years ago! Thanks again for your attorney perspective and insight. I also think your book would be an invaluable read for many attorneys!”
“I find "How to Be an Effective Expert Witness at Deposition and Trial" very helpful to refresh my memory before a deposition or a trial.”
“How to be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying provided me with a succinct and practical guide to preparation and key issues of deposition - it was very valuable in preparing for my first and subsequent depositions.”
“As a clinical and forensic psychologist in private practice for more than thirty years, I continue to find the SEAK guides valuable in keeping me up-to-date and sharp, thereby fortifying my confidence and persuasiveness on the stand. How to be an Effective Expert Witness… sustains this tradition fully.”
"I have found all of SEAK's products and offerings to be outstanding. My recent purchase of their text '...Guide to Testifying as an Expert Witness' has provided invaluable information which has fortified my Expert forensic practice and in particular strengthened my deposition and trial testimony skills."
“The format of this book is perfect for maintaining my interest. It uses brief examples of counsel’s questions and expert’s answers followed by an analysis of the exchange called a ‘Practice Pointer’. These examples are a perfect way to teach things that will help an expert deal with skillful attorneys at trial and deposition. I consider the book’s method to be one of the best I have ever used to gain useful knowledge.”
"I purchased How to Be an Effective Expert Witness at Deposition and Trial, which was incredible helpful in my first experience as an expert witness."
“I purchased “How to be an Effective ……..” at the urging of a colleague knowing I needed help to prepare me for the first time I would be participating in a trial. I have found it to be a very useable, easy-to-read reference tool which really did give me added courage when I stepped up on the stand! To this day I pick up the book every so often and read a section here and there, always picking up tips and better ways to express myself. The real-life examples the book contains are so useful. I find myself reading the sample questions and thinking “been there, felt that” very often. But I also am now better able to avoid being backed in a corner, and find my confidence level has increased thanks to this book. Thank you SEAK for this invaluable resource!”
“There are so many excellent aspects of this book, that it is hard to pick the most useful in my practice. It is a reference work that I keep going back to find the answers I need to improve my professionalism and performance. My favorite part of the book, if I had to pick one, is Chapter 1 Executive Summary. Everything you need to know on the subject is there. The rest of the book fills in the details, just like the start of a well prepared expert report. Nobody does it better than Seak.”
“I have found” How to be an Effective Expert Witness at Deposition and Trial" to be the closest thing to having a relative in the business. Your book has become my Expert Witness go to bible. It sits on the top of my desk and has become my go to single source of what I need to be vigilant in preparing my work. The Executive Summary on each chapter helps me navigate the pitfalls experienced by many including myself. Your examples are spot on. You have helped me grow by leaps on the shoulders of your teams experience. Even your Expert pointers are spot ON. Thank you for helping me and the rest of the Expert community with such sage advice and counsel.”