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INTRO How to be an Expert Witness in an Adversarial Proceeding Joe Cramer AIChE, Director, Technical Programming February ...
<ul><li>What We Will Cover </li></ul><ul><li>Expert Witness vs. Fact Witness </li></ul><ul><li>Fallacies Debunked </li></u...
<ul><li>Where Did Webinar Come From </li></ul><ul><li>School of Hard Knocks (experience as witness for Stone & Webster) </...
<ul><li>Facts </li></ul><ul><li>Legal Proceedings – By nature are adversarial not collegial </li></ul><ul><li>Accept need ...
<ul><li>Fallacies Debunked </li></ul><ul><li>All lawyers are not dumb, nonproductive and a burden on society </li></ul><ul...
<ul><li>Expert Witness </li></ul><ul><li>Do not hesitate to qualify answers where necessary. This is your right as an expe...
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How to be an Expert Witness in an Adversarial Proceeding

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Dr. Joseph J. Cramer provides insight into the nature of a trial or administrative law proceeding, and shows how this type of adversarial proceeding differs from the collegial environment to which new engineers might be more accustom.

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How to be an Expert Witness in an Adversarial Proceeding

  1. 1. INTRO How to be an Expert Witness in an Adversarial Proceeding Joe Cramer AIChE, Director, Technical Programming February 4, 2009
  2. 2. <ul><li>What We Will Cover </li></ul><ul><li>Expert Witness vs. Fact Witness </li></ul><ul><li>Fallacies Debunked </li></ul><ul><li>Some Basic Facts – Starting Basis </li></ul><ul><li>Tactical Points for Better Testimony (Dos and Don’ts) </li></ul>
  3. 3. <ul><li>Where Did Webinar Come From </li></ul><ul><li>School of Hard Knocks (experience as witness for Stone & Webster) </li></ul><ul><li>Supervision of Expert Witnesses </li></ul><ul><li>Extensive Experience in Helping with Cross Examination </li></ul><ul><li>Ten Years of Presenting a Two-Day AIChE Course </li></ul><ul><li>Mostly Based on Administrative Law Proceedings </li></ul>
  4. 4. <ul><li>Facts </li></ul><ul><li>Legal Proceedings – By nature are adversarial not collegial </li></ul><ul><li>Accept need for advocacy </li></ul><ul><li>Team work is important </li></ul><ul><li>Understand lawyer’s role and your role </li></ul><ul><li>Start with sound basis </li></ul><ul><li>Prepare </li></ul><ul><li>Good Testimony = f (technical competency, hard work, preparation, team work, and common sense) </li></ul>
  5. 5. <ul><li>Fallacies Debunked </li></ul><ul><li>All lawyers are not dumb, nonproductive and a burden on society </li></ul><ul><li>Not all technical people are poor communicators </li></ul><ul><li>Good working relationships can be developed </li></ul><ul><li>Technical people are not always right </li></ul><ul><li>Professional competency does not equal good witness </li></ul>
  6. 6. <ul><li>Expert Witness </li></ul><ul><li>Do not hesitate to qualify answers where necessary. This is your right as an expert. If the cross-examiner attempts to use “trick” questions where he wants only a yes or no answer, you should politely but firmly prefix your response with clarifying remarks. </li></ul><ul><li>An expert witness is expected to and allowed to have an option. Do not hesitate to use phrases such as “in my opinion” or “it is my professional opinion.” Avoid using “I think” or “I believe.” </li></ul><ul><li>If a document is used as the basis for any cross-examination, be sure to ask for the full document. </li></ul>If you’re an AIChE member, you can view the complete webinar .

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