What Would It Be Like to Effectively Examine an Expert Witness?
Do you feel unprepared dealing with expert witnesses and their testimony?
Lawyers often feel overwhelmed with the prospect of deposition experts because, well, they’re experts….
If you’ve ever wondered how successful attorneys do it...
Hi, I’m Dave Sugden of Evidence at Trial.
I was once in the same position as you …
The prospect of effectively cross-examining an expert witness or deposition seemed uncertain and risky. Even the direct examination of our own expert seemed difficult.
I knew there had to be a better way to make dealing with expert testimony a strength of my practice.
Introducing Expert Witness Academy…
Expert Witness Academy was made for attorneys with three main objectives with expert witnesses:
First, they want to ensure their expert’s opinions are admissible and persuasive.
Second, they want the tools to effectively cross-examine and challenge the admissibility and credibility of their opponent’s expert witnesses.
Third, they want to make expert examination a strength of their practice.
Here’s What You Get…
- Why is it important to collaborate with expert witnesses
- The power of and persuasion through expert testimony
- A simple analytical framework for evidence questions
- A closer look at Cal. Evid. Code section 800 through 802.
- What to know about the "common sense" and “too speculative” goal posts
- How to designate expert witnesses
- What to remember about expert witness declaration requirements
- How to handle treating physicians, expert witness declarations, and discoverability of opinions
- A closer look at Fairfax v. Lords, 138 Cal. App. 4th 1019 (2006), Du-All Safety, LLC. v. Superior Court, 34 Cal. App. 5th (2019), and Schreiber v. Kiser, 22 Cal. 4th 31 (1999)
- The "Nine" - Expert Deposition Topics
- Determining the expert witness' assignment and materials reviewed
- Discovering the opinions "word for word"
- The importance of eliciting all opinions
- "Must ask" questions and attorney declarations to elicit opinions
- A closer look at Bonds v. Roy, 20 Cal. 4th 140 (1999) and Jones v. Moore, 80 Cal. App. 4th 557 (2000)
- How to create distance between opinions and their bases
- Learn the building blocks for trial cross-examination
- What to do with experts basing opinion on "industry experience" and voluminous materials
- What are the standards for determining and challenging expert witness admissibility
- The key to motions in limine and voir dire
- A closer look at Frye v. United States, 54 App. D.C. 46 (1925) and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)
- The real impact of Daubert ruling
- What is the value of conservative opinions
- A closer look at People v. Kelly, 17 Cal. 3d 24 (1976) and Sargon Enterprises, Inc. v. University of Southern California, 55 Cal. 4th 747 (2012)
- How to use opinions and “bad facts” to build ethos
- How to make direct examination clear, memorable, and invulnerable to cross-examination
- How to loop and speed up and slow down time through questions
- What is the mindset for expert witnesses on direct
- How to do calculations while testifying
- The difference between looking at attorney versus looking at jury
- People v. O.J. Simpson (DNA Expert)
- Qualifying the expert witness
- Key strategies in jury v. bench v. arbitration
- The strategy you should use for direct- v. cross-examination
- People v. Sanchez Introduced
- What to remember about Cal. Evid. Code §§ 801, 802
- A closer look at People v. Bell, 40 Cal. 4th 582 (2007) and People v. Sanchez, 63 Cal. 4th 665 (2016)
- What to remember about Cal. Evid. Code § 721(b)
- Spotting hearsay exceptions easier and faster
- Voir dire expert witnesses and a case example of voir dire in trial
- Deciding issues for cross-examination
- What could the expert have done (but didn't do)?
- What to do with an uncooperative expert witness
- The dangers of asking judge for help (e.g., motion to strike)
- How you should be listening to the witness (before deciding the next question)
- The cross-examination of economist example
- What to remember with the timing of raising evidentiary problems with expert witnesses
- What to do with an industry expert v. voluminous materials witness
Expert Witness Academy Is for Attorneys Who…
- Want to turn examination of expert witnesses a strength
- Want to practice law with excellence
- Want an inside look as to the strategies and techniques lawyers use to debunk expert opinions
Here’s What Lawyers Have to Say About Expert Witness Academy...
"I love your videos. I have been an attorney for 45 years and have won numerous multi million dollar judgments, including a judgement a couple of months ago for 58 million dollars. I feel like I am learning so much from watching these videos."
~ Nathan Goldberg
Allred, Maroko & Goldberg
"I’ve attended Mr. Sugden’s MCLE course in the past and I recommend his course to any attorney seeking to acquire or sharpen their trial skills. I would not hesitate to take another one of his MCLE courses. He has spurred my growth as an attorney which has improved my practice overall. I am grateful he takes the time out of his practice to impart his knowledge and trial experience to attorneys seeking to improve their skill set."
~ Colleen M. Pratt
"What I like about Evidence at Trial and Dave Sugden’s approach to providing this type of MCLE, which I think is so different than any other MCLE course, is his focus is on building a community of lawyers that are really striving to get to that next level of legal practice."
- Shirin Forootan
"Dave is a fantastic and inspiring speaker. The Business Trial Academy delivers a great combination of big-picture theory, real examples, and useful trial techniques. I would highly recommend it!"
~ Christopher Kim
Enroll in Expert Witness Academy today!
30-Day 100% Money Back Guarantee
We believe this is the best preparation for the day you battle in court, and we are willing to give a 30-Day 100% Money Back Guarantee.
For 30 days, you’ll get the knowledge and training that will serve you as a trial lawyer. And if you decide what we teach won't help in any way, we won’t keep a cent.
Frequently Asked Questions
I’m a young lawyer. Will this work for me?
Yes. Even you are not yet first-chairing expert witness depositions or trial examinations, you are likely writing motions to exclude or admit their testimony. And when you get the call to start taking expert witness depositions, this course will help you get ready.
I’m a litigator, but rarely (if ever) go to trial. Is this course only for trial lawyers?
This course is for all litigators. The strength (or weakness) of an expert witness’ opinion can have a significant impact on the settlement value of a case. Learning how to effectively challenge expert witnesses as a must-have skill for all litigators.
I’m already swamped with work. You’re telling me I need to do more? I can barely keep up with email inbox…
But have you watched Netflix in the last few weeks? Have you browsed social media? My online courses don’t require a day away from the office. You can watch these courses from your computer or mobile device at your own pace. So before your next binge watch, spend ten minutes learning about the Daubert or Sanchez rules.
What makes this different from other MCLE courses?
My course isn’t just about rules or handing you information. I use a combination of big-picture theory, real examples, and trial techniques to sharpen your skills.
Can I really make expert examinations a strength of my practice?
Yes, with focus and commitment. Expert witness examinations can be the most challenging (but rewarding) parts of a litigator’s practice. To do so effectively, you must commit to learning and mastering the tools. This course is designed to help you on that journey.