We are pleased to announce that the Workshop has been rescheduled for the afternoon of August 7, via Webinar. Those who had previously registered for the Workshop will be automatically registered for the rescheduled event -- you do not need to re-register for the new date. Please contact Director of Meetings, Amy Gilbody, at firstname.lastname@example.org if you have any questions.
The Advanced Expert Witness Workshop will be held via Webinar from 12:00 noon - 5:00 p.m. (4.5 CLE hours requested). The agenda is focused on effective cross examination of a variety of experts, preparing your experts for cross examination, and practical tips to combat some vexing expert discovery issues.
Agenda (4.5 CLE HRS Requested)
Printable Draft Agenda (PDF)
· Stop Harassing My Experts! How to Defend Experts from Onerous Financial Disclosure Requests and How to Prepare your Expert for Cross Examination on Financial Interest and/or Bias.
This section will address the discovery mechanisms which attorneys can use to obtain expert information. Rule 4:1 of the Rules of the Supreme Court of Virginia governs discovery pertaining to expert witness information. Leave of court is required if discovery is sought from the expert beyond that permitted by this rule. Often, parties may use Rule 4:9 and issue a subpoena directly to the expert. This subpoena may seek the disclosure of financial information which the expert may seek to protect, such as tax returns. The section will focus on the appropriate objections to raise and how to protect the disclosure of expert information which may be overly broad, unduly burdensome, or not relevant to the issues. Additionally, when experts testify, they may be attacked because of financial interest and/or bias. This section will focus on the various methods which may impact an expert’s credibility such as establishing either financial interests, bias, or lack of qualifications.
Danielle Giroux, Harman Claytor Corrigan Wellman
Tate C. Love, Timberlake, Smith, Thomas & Moses, P.C.
· When to Use Vocational Rehabilitation and Life Care Planner experts and Effective Cross Examination
This section pertains to more complex cases involving personal injury with significant injury. In order to prove damages, and in cases where long-term care is necessary, experts are often used to project future costs. This includes future medical care, lost wages, and/or loss of earning capacity. Experts are also used to establish whether someone is capable of returning to their former employment and/or establishing their work limitations. This section will focus on the experts used to lay the foundation for this information and damages and how to either strike such testimony if the proper foundation is not laid as well as to discuss effective cross-examination when these types of experts are used.
Sean Workowski, Frith Anderson & Peake
Susan Wirt, MSN, Wirt & Associates
· Cutting the Malarkey in Premises Liability and Construction Cases: How to identify when plaintiff’s liability experts erroneously claim violations of inapplicable codes and voluntary standards, what to do, and how to effectively use your own liability expert.
This section focuses on liability experts used in either premises liability and/or construction cases. These experts (usually engineers) may focus on whether the premises at issue or construction was compliant with certain applicable codes. This section will address how to determine whether the codes the opposing party’s expert relies upon are truly applicable, how to determine what codes are applicable under Virginia law, and what to do when the other party identifies an expert who is expected to testify on codes that are not applicable. This section will address what information should be gathered during the course of discovery, deposition, when a motion to exclude is appropriate and effective cross examination.
Nicholas J. Lawrence, Bancroft, McGavin, Horvath & Judkins, P.C.
Jim Schofield, CED Technologies
· Effective Use of Accident Reconstruction Experts in Virginia
This section will discuss case law pertaining to whether Virginia allows accident reconstruction testimony in Virginia. A brief history and case law development will be provided along with examples of how accident reconstruction testimony can be used effectively in Virginia. This section will focus on case studies and how to combat the general belief that accident reconstruction testimony is not admissible.
David Drash, Teumer &Drash
Matt Dwyer, President, Accident Technology, Inc.
H. Robert Yates, O'Hagan Meyer
· Expert War Stories and Tips on Effective Cross Examination of Engineering Experts
This section will focus on laying the appropriate foundation for use of engineering experts and effective cross-examination to address qualifications and whether the basis of the opinion is sound. Examples will be utilized with regard to exclusion of engineering experts and information will be provided regarding how to prevent your engineering expert from being excluded. This segment will include case studies and practice tips from the standpoint of the attorney and the expert.
Moderator: Madelaine Kramer, Sands Anderson
Robert Bove, Exponent
Marty Conn, Moran Reeves & Conn
Michael Garnier, Garnier & Garnier
Keith Madigan, JS Held
Sam Sudler, S-E-A
Registration for this unique event is limited and is $175. New members, registration includes your first year membership in VADA. No membership bill sent until 2021. Contact Sherma Mather at email@example.com for details.
Cancellations allowed before July 31, minus a $25 service fee. Substitutions allowed anytime.