Attacking the Expert's Opinion at Trial

Thursday, November 3, 2016
9:00 am – 4:30 pm
Pan Pacific Hotel, 999 Canada Place, Vancouver
or attend via live webinar

*Optional ethics session: a Self-Paced eLearning course, 1 – 2 hours completed on your own time over any two weeks before December 31, 2016

Who should attend: All litigators interested in learning proven techniques to deal with experts at trial.

Learning level: All levels

The expert is typically the most dangerous trial witness because, testifying cloaked with the mantle of the "truth-seeking, seen-it-all-before scientist," his or her opinion can determine a major issue, maybe the entire case.  Yet, the expert can also be the trial's most vulnerable witness because, unlike the fact witness who must principally defend only first-hand observations, the expert can be attacked on several fronts: science, integrity, qualifications, and thoroughness.

The focus of this seminar is the one, logical method the trial cross-examiner must understand to most effectively attack the "scientific merits" of the expert's opinion, no matter the field of expertise.

Don't miss this opportunity to hear from the engaging and entertaining Robert Musante as he shares his expertise.

Check out this course also instructed by the amazing Musante: The Great Examination for Discovery: Principles and Principal Techniques (held the previous day, Wednesday, November 2, 2016). You will receive special combo pricing if you sign up for both courses under The Amazing Musante: Reveals His Secret Tricks and Techniques!

Law Society of BC CPD Hours: 6.5 hours *If you complete a Self-Paced eLearning course before December 31, 2016, you will obtain 1 CPD hour, which involves professional responsibility and ethics, client care and relations, and/or practice management.
Note: As part of your registration, you will receive a non-transferrable complimentary registration to any eligible Self-Paced eLearning course—click here to see the list of course offerings.

Course Instructor
Robert Musante — Alamo, California

Pricing
EARLY BIRD - Register by October 6, 2016 and SAVE
Live Course: $690 | Student: $345
Live Webinar: $565
Save even more with your CPDone Pass.

After October 6, 2016
Live Course: $765 | Student: $385;
Live Webinar: $625
Save even more with your CPDone Pass.

Registration includes an electronic copy of the course materials.  This course will not be added to the webinar archives.

Unable to attend without financial support? Learn more about CLEBC's Bursary Program and our Easy Pay Plan.

CLEBC Program Coordinator
Mary Kingston, Production Manager, Programs
mkingston@cle.bc.ca

Course Instructor
Robert Musante — Alamo, California

About the Course Instructor

 Robert Musante is America’s foremost teacher of pre-trial cross-examination skills. An experienced former prosecutor and civil lawyer (with 50+ jury trials), he has taught cross-examination skills since 1982, including 16 years as a trial practice lecturer at the University of California, Boalt Hall Law School. His unique and highly entertaining seminars have been presented to more than 38,000 litigators in 42 states. He has made in-house presentations to the attorneys general of 11 states and to the partners and associates of more than 80 litigation law firms. The Knockout Examination seminar was previously presented to the Law Society of Upper Canada, in Regina, Sask., and for CLEBC, and earned rave reviews from Canadian lawyers. (To see those reviews, and thousands more from American litigators, visit www.killerdepo.com.)

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Do you have this valuable litigation resource?

Expert Evidence in BC Civil Proceedings—4th Edition
Your guide to finding, choosing, and using an expert

This book is essential for: all civil litigators.

Current to: July 1, 2015 | Price: Print + Online $230; Online Only $125 | # of pp.: 352

Expert evidence plays a critical role in most civil cases—and every litigator should know how to use experts to their full advantage. This practical 6" x 9" softcover guidebook is an essential resource to help you handle BC's distinctive rules. Expert Evidence in BC Civil Proceedings—Fourth Edition provides commentary, strategies, and practice tools to allow you to make efficient use of expert evidence.

Subscriptions include online access with search capability and links to the full text of case law and legislation.

With this book you will be able to

• identify when and how to use experts
• analyze how to lay the factual basis for the opinion
• present your experts without them losing credibility or appearing partisan
• learn how to protect your expert on the witness stand
• have online access to the electronic version with hyperlinks to primary law

The book is designed for portability and as a handy, quick reference in court or at the office.

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• World-class expert introduced (30+ clips of trial testimony)
• Cross-examiner’s problems
• Expert's pedestal and expert's problems
• The structure of every opinion: O = R + 2F
• End point opinions, subordinate opinions, and bedrock findings and assumptions
• Critical listening skills (a quick test)

Networking Break

• The every-case-forever, schematic chart introduced
• Five categories of expert opinions
• Ten types of expert rules
• X and Y factors defined
• Scientific vs. experiential rules (science vs. art)

Lunch (on your own)

• 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

Networking Break

• 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)

Networking Break

• Expert's three attacks vs. Y factors
  • relevance
  • not established
  • weight
• The Perfection line of questioning
• Attacking expert's double standard re career
• Attacking expert's double standard re case