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The Expert's Role In Developing And Proving The Case
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The Expert's Role In Developing And Proving The Case

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An analysis with case citations of the expert witness\' role from the beginning to the end of the case.

An analysis with case citations of the expert witness\' role from the beginning to the end of the case.

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    The Expert's Role In Developing And Proving The Case The Expert's Role In Developing And Proving The Case Presentation Transcript

    • The Expert’s Role in Developing and Proving the Case Eric Ratinoff (916)448-9800 [email_address]
    • Pre-Litigation Investigation
      • The expert’s role in educating the attorney about the subject matter
    • Pre-Litigation Investigation
      • The expert’s role in educating the attorney about the subject matter
      • The expert’s role in investigating the facts
    • Pre-Litigation Investigation
      • The expert’s role in educating the attorney about the subject matter
      • The expert’s role in investigating the facts
      • Testing
    • Pre-Litigation Investigation
      • The expert’s role in educating the attorney about the subject matter
      • The expert’s role in investigating the facts
      • Testing
      • Reporting
    • Pre-Litigation Investigation
      • The expert’s role in educating the attorney about the subject matter
      • The expert’s role in investigating the facts
      • Testing
      • Reporting
      • Recommending alternative areas of expertise
    • Communication with Counsel
      • Correspondence
    • Communication with Counsel
      • Correspondence
      • E-mails
    • Communication with Counsel
      • Correspondence
      • E-mails
      • Notes
    • Communication with Counsel
      • Correspondence
      • E-mails
      • Notes
      • Drafts of reports
    • Communication with Counsel
      • Correspondence
      • E-mails
      • Notes
      • Drafts of reports
      • Comments from counsel
    • Communication with Counsel
      • Correspondence
      • E-mails
      • Notes
      • Drafts of reports
      • Comments from counsel
      • EVERYTHING IS DISCOVERABLE
    • Conducting “Fact” Discovery
      • Guidance with written discovery (e.g. terms of art, interrogatories, and document requests)
    • Conducting “Fact” Discovery
      • Guidance with written discovery (e.g. terms of art, interrogatories, and document requests)
      • Depositions of witnesses (e.g. PMKs and PMQs)
    • Conducting “Fact” Discovery
      • Guidance with written discovery (e.g. terms of art, interrogatories, and document requests)
      • Depositions of witnesses (e.g. PMKs and PMQs)
      • Research: Federal, State, professional, and other standards
    • Conducting “Fact” Discovery
      • Guidance with written discovery (e.g. terms of art, interrogatories, and document requests)
      • Depositions of witnesses (e.g. PMKs and PMQs)
      • Research: Federal, State, professional, and other standards
      • Visiting the scene
      • Testing
      • Experiments
      • Chain of custody
      • Concealment, alteration, or destruction of evidence.
    • Expert Disclosure
      • State Court: name, address, fee, qualifications and description of general subject matter (attorney declaration)
    • Expert Disclosure
      • State Court: name, address, fee, qualifications and description of general subject matter (attorney declaration)
      • Federal Court: Expert Report with every opinion, every basis for opinion, and description of all materials on which the expert relies.
    • The Legal Hurdles to New Scientific Techniques
      • Kelly/Frye : Experts are precluded from relying on new scientific techniques that have not gained general acceptance in the particular field in which the technique is offered.
    • The Legal Hurdles to New Scientific Techniques
      • Kelly/Frye : Experts are precluded from relying on new scientific techniques that have not gained general acceptance in the particular field in which the technique is offered.
      • The party offering the evidence must show a consensus of scientific opinion on the reliability of the test, procedure, or manner of proof involved.
    • The Legal Hurdles to New Scientific Techniques
      • Daubert/Kumho : The trial Court serves a “gatekeeper” role -- Evidence is relevant and admissible if it is about “scientific”, “technical”, or “other specialized” knowledge (reliable) that will “assist the trier of fact to understand the evidence or determine a fact in issue” (relevant)”.
    • The Legal Hurdles to New Scientific Techniques
      • Daubert/Kumho : The trial Court serves a “gatekeeper” role -- Evidence is relevant and admissible if it is about “scientific”, “technical”, or “other specialized” knowledge (reliable) that will “assist the trier of fact to understand the evidence or determine a fact in issue” (relevant)”.
      • Ultimate inquiry: whether the expert’s methodology is sound (backed by sufficient personal knowledge and experience; developed in a manner recognized by others in the field; and supported by reliable data, facts, and principles).
    • Bases For Expert Opinion
      • Any “reliable” material
    • Bases For Expert Opinion
      • Any “reliable” material
      • Facts, tests, and opinions of other experts
    • Bases For Expert Opinion
      • Any “reliable” material
      • Facts, tests, and opinions of other experts
      • Reports
    • Bases For Expert Opinion
      • Any “reliable” material
      • Facts, tests, and opinions of other experts
      • Reports
      • Scientific, technical and professional texts
    • Bases For Expert Opinion
      • Any “reliable” material
      • Facts, tests, and opinions of other experts
      • Reports
      • Scientific, technical and professional texts
      • Treatises and journals
    • Bases For Expert Opinion
      • Any “reliable” material
      • Facts, tests, and opinions of other experts
      • Reports
      • Scientific, technical and professional texts
      • Treatises and journals
      • Witness information
    • Expert Opinion
      • Expert opinions pertain to factual issues.
    • Expert Opinion
      • Expert opinions pertain to factual issues.
      • The judge may exercise discretion to permit expert opinion as to the “ultimate issue” (e.g. dangerous condition, custom and practice, bad faith, safe practice, conscious disregard, defective).
    • Expert Opinion
      • Expert opinions pertain to factual issues.
      • The judge may exercise discretion to permit expert opinion as to the “ultimate issue” (e.g. dangerous condition, custom and practice, bad faith, safe practice, conscious disregard, defective).
      • Pure legal opinions and conclusions are not permissible.
    • ABOUT YOUR SPEAKER
      • Eric Ratinoff represents plaintiffs in all areas of insurance bad faith and personal injury litigation. He has successfully tried and settled numerous cases on behalf of his clients. Mr. Ratinoff's successes on behalf of his insurance clients include large recoveries in the following: bad faith denial of insurance claims involving disability, health, auto, property, long term care, business, fire, property and casualty, commercial and life policies. Mr. Ratinoff has also recovered millions of dollars on behalf of his personal injury clients as a result of defective products, medical negligence, serious automobile accidents, and nursing home abuse. Mr. Ratinoff is a graduate of the Spence Trial Lawyers College. He is a past President of the Capitol City Trial Lawyers Association ("CCTLA"). Mr. Ratinoff is a member of the Board of Sierra Adoption Services, and he is the President-Elect. Mr. Ratinoff is also a member of the Northern California Board of AIPAC, and is a member of the Sacramento Rotary Club.  
      • Contact
      • Email: [email_address]
      • Tel.: 916-448-9800
      • Fax: 916-669-4499
    • END Eric Ratinoff (916)448-9800 [email_address]