Effective Expert Witnessing, Fifth Edition: Practices for the 21st Century
Practices for the 21st Century
Effective Expert Witnessing, Fifth Edition: Practices for the 21st Century
Author: Jack V. MatsonPublisher: Taylor & Francis IncCategory: Crime & Criminology, Civil Procedure, Litigation & Dispute Resolution, Criminal Law & Procedure, Criminal Procedure: Law Of Evidence, Medical & Healthcare LawBook Format: HardcoverThe testimony of an expert witness can lead to success or failure in cases that hinge on the presentation's impact on a jury. Effective Expert Witnessing, Fifth Edition: Practices for the 21st Century explores the fundamentals of litigation, trial preparation, courtroom presentation, and the business of expert witnessing. Extensively updated to reflect new developments since the last edition, it provides practical advice enabling expert witnesses and attorneys to maximize the effectiveness of their expert testimony.
The Fifth Edition includes three new chapters. The first uses a hypothetical case study to explore expert witness immunity and issues related to professional malpractice and civil liability. In a chapter on psychology and the art of expert persuasion, noted social psychologist and witness preparation specialist Ann T. Greeley reveals the psychology of juries, discusses what makes an expert effective, and provides tips for conveying effective testimony through verbal and nonverbal behavior and graphics and technology. The final chapter surveys nine of the worst mistakes an expert can make and provides tips on how to avoid them.
Accompanying the book is an invaluable CD-ROM in which Dr. Matson introduces video clips demonstrating effective and ineffective expert testimony at deposition and trial. The book and supplemental CD-ROM provide robust strategies ensuring that expert witnesses have the best possible advantage in presenting testimony that is credible, persuasive, and compelling.
Table Of 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 IndexAbout Jack V. Matson
Jack V. Matson, Ph.D., is emeritus professor of environmental engineering at The Pennsylvania State University and an owner of Matson and Associates Inc., a litigation support consulting engineering firm, in State College, Pennsylvania. His expertise is in the field of chemical emissions, water and wastewater treatment, air pollution, and hazardous wastes. In the course of his career, he has been deposed in over 100 cases and testified at 20 trials. He continues to be active as an expert witness in environmental litigation, specializing in chemical emissions. He is a registered professional engineer in Pennsylvania, Texas, and Ohio.(BK-9781439887677)
| SKU | BK-9781439887677 |
| Barcode # | 9781439887677 |
| Brand | Taylor & Francis Inc |
| Artist / Author | Jack V. Matson |
| Shipping Weight | 0.3800kg |
| Shipping Width | 0.160m |
| Shipping Height | 0.020m |
| Shipping Length | 0.240m |
| Assembled Length | 23.600m |
| Assembled Height | 1.800m |
| Assembled Width | 15.500m |
| Type | Hardcover |
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