Effective expert witnessing : practices for the 21st century /: practices for the 21st century. (2012)

• Record Type: Book
• Further Information: Note: Jack V. Matson.
• Other Names: Matson, Jack V
• Contents: THE LEGAL ENVIRONMENT AND EXPERT WITNESSING; The Legal Environment ; Lawyers and Litigation; Evidence; The Role of the Expert Witness; What Is an Expert Witness?; How Experts Can Be Utilized in Litigation; Two Types of Experts: Consulting and Testifying; The Relationship between Lawyers and Experts; The Expert Report; A Closer Look at the Impact of Daubert ; Conformity versus Flexibility; Standards for Reliability and Relevance; The Role of the Judge under Daubert ; Daubert Applied; The Impact of Daubert on Expert Witnessing; A Word on Junk Science; An Additional Impact of Daubert —The Amended Rules of Evidence; Key Cases and Precedents Affecting Expert Witnessing ; Frye v. United States (1923); Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993); General Electric v. Joiner (1997); Carmichael v. Kumho Tire Company (1998); The Hearsay Rule and Its Relevance to Experts; In Summary; THE LITIGATION PROCESS; The Pretrial Process ; Affirmative Defenses; Discovery; Interrogatories; Automatic Disclosure; Production of Documents; Organization of Documents; Chain of Custody; The Expert Report; Preparing the Expert Report; Deposition; Preparing for a Deposition; The Process of Deposing Expert Witnesses; Preparing for Trial ; Developing the Trial Theme; Preparing the Lawyers; Changing Your Opinion; Trial Exhibits; Motions; Understanding the Judge; Types of Juries; Jury Selection; The Courtroom Drama ; The Jury—the True "Audience" of the Trial; Opening Statements; Direct Examination; The Role of the Attorney; Building the Case; Preparing for Cross-Examination; Cross-Examination; Opposing Counsel’s Strategies; Hypothetical Questions; Other Important Aspects of Cross-Examination; Jury Instructions and Closing Arguments; Post-trial Motions and Appeals; THE ART, BUSINESS, AND FUTURE OF EXPERT WITNESSING; The Art of Expert Witnessing ; Developing the Professional Relationship; Maximizing Your Effectiveness; Practice; Study; Be Prepared; Be Professional; Be Organized; Tell the Story; Show Emotion; Educate; Create Vivid Visualizations; The Ethics of Expert Witnessing; The Future of Expert Witnessing; Revisiting the Use of "Neutral" Experts; The Impact of Technology and Social Media; Alternative Dispute Resolution; Tort Reform; The Business of Expert Witnessing ; Forming an Expert Witnessing Business; Contractual Considerations for Expert Witnesses; Basic Types of Contractual Arrangements; Retainer Contracts; Time and Materials Contracts; Flat Fee Contracts; Marketing; Organizational Directories; Professional Societies; Expert Witness Service Companies; Networking; Letters to Attorneys; Advertising; Direct Mail ; Expert Referral Agencies; Education-Based Marketing Strategies; Expert Immunity, Professional Malpractice, and Civil Liability ; Hypothetical Situation; Expert Mary Watson Retained; Mary Watson’s Investigation and Expert Opinions; Deposition of Mary Watson; Deposition Debriefing of Mary Watson; Legal Action; Breach-of-Contract Action; Hearing; Possible Judicial Outcomes; The Judge’s Decision; Afterthoughts; THE IMPORTANCE OF PSYCHOLOGICAL FACTORS IN TESTIFYING; Psychology and the Art of Expert Persuasion; Ann T. Greeley, PhD; Overview; How Are Today’s Jurors Different?; Psychology of Juries; Jury Decision Making; Cognitive Dissonance and Heuristics; Thin Slicing and Cognitive Embodiment; Learning Style, Persuasion, and Expectations; Summary; What Makes an Expert Effective?; Credibility; Testifying in Depositions or at Trial; Recommendations for Nonverbal Behavior; Effective Verbal Communication; How Graphics and Technology Help; Graphics Can Affect Cognitions; Specific Ways That Graphics and Technology Change the Trial Canvas; Are Judges Biased?; Discoverability; In Conclusion; Nine of the Worst Mistakes That Experts Make and How to Avoid Them ; Establishing Credibility; Number 1: Mr. Blinkoff versus Mr. Blinkon; Likeability; Number 2: Mr. Unlikeable versus Mr. Likeable; Number 3: Dr. Bellicose versus Dr. Zen; Confidence 1; Number 4: Mr. Wimpy versus Mr. Warrior; Number 5: Ms. Freako versus Ms. Cool; Trustworthiness; Number 6: Dr. Bias versus Dr. Fair; Number 7: Dr. Fudger versus Dr. Precise; Knowledge; Number 8: Ms. Make Up versus Ms. Exact; Credibility; Number 9: Robot versus Human; Bibliography ; Appendix: Expert Witness Resources ; Index ;
• Edition: 5th ed
• Publisher Details: Place of publication not identified : CRC Press
• Publication Date: 2012
• Extent: 1 online resource (204 pages)
• Subjects: 347.7367; Evidence, Expert -- United States; LAW / Forensic Science; LAW / Medical Law & Legislation
• Languages: English
• ISBNs: 9781466578647; 1466578645
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.