Christopher Benvenuto
Collene Walter
What can you expect when you are called upon to act as an expert witness in a matter? This session will help planners prepare for testifying as an expert at depositions, in court, and at quasijudicial
hearings. Common strategies for effective testimony on direct and cross examination, and ways to avoid potential pitfalls will be discussed among other important practical considerations
when testifying as an expert.
This is the PowerPoint that accompanies a full day CEU workshop I have done for psychological associations in New Hampshire, North Dakota, Vermont and Alaska
The Basics: Working With an Expert (Series: Valuation 2020) Financial Poise
This webinar is for the litigator who has not worked with an expert before or who otherwise would like some review. What’s the difference between a consulting expert and a testifying witness? How do you make sure your proposed expert will be accepted as an expert by the court? How do you protect your communications with your expert? What is an expert report and what can you do to make sure it is excellent? How do you plan your direct exam of your expert? How do you plan for redirect? This webinar addresses these topics.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuation-working-with-an-expert-2020/
This is the PowerPoint that accompanies a full day CEU workshop I have done for psychological associations in New Hampshire, North Dakota, Vermont and Alaska
The Basics: Working With an Expert (Series: Valuation 2020) Financial Poise
This webinar is for the litigator who has not worked with an expert before or who otherwise would like some review. What’s the difference between a consulting expert and a testifying witness? How do you make sure your proposed expert will be accepted as an expert by the court? How do you protect your communications with your expert? What is an expert report and what can you do to make sure it is excellent? How do you plan your direct exam of your expert? How do you plan for redirect? This webinar addresses these topics.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuation-working-with-an-expert-2020/
Most Common Clinical Research Site Worries and ComplaintsTrialJoin
All clinical research sites, especially new ones who’ve just entered the business, have a couple of common worries and complaints. The clinical research field is complicated and there are tons of formalities, papers, vendors, rules, regulations, etc. Taking into consideration the sensitivity of this business, the fact that human participants are involved, as well as the large amount of money that sponsors spend on a research, we have to work as professionally as possible.
There are many steps involved in a clinical trial, starting from the site selection visit, negotiations, then routine monitoring visits, subject enrollment and randomization, etc. All of these steps are equally important in order to conduct a successful trial. However, the complexity of the clinical research process usually worries and confuses new research sites. We’ve done a research on some of the most common site worries and complaints throughout the duration of a trial. Below, we’ll give you answers to all your questions.
Most Common Clinical Research Site Worries and ComplaintsAnand Butani
All clinical research sites, especially new ones who’ve just entered the business, have a couple of common worries and complaints. The clinical research field is complicated and there are tons of formalities, papers, vendors, rules, regulations, etc. Taking into consideration the sensitivity of this business, the fact that human participants are involved, as well as the large amount of money that sponsors spend on a research, we have to work as professionally as possible.
There are many steps involved in a clinical trial, starting from the site selection visit, negotiations, then routine monitoring visits, subject enrollment and randomization, etc. All of these steps are equally important in order to conduct a successful trial. However, the complexity of the clinical research process usually worries and confuses new research sites. We’ve done a research on some of the most common site worries and complaints throughout the duration of a trial. Below, we’ll give you answers to all your questions.
Selecting the Right Valuation Expert (Series: Valuation)Financial Poise
You have a business interest, an asset, or a potential liability that you need to value. When do you need a valuation expert? While some negotiations or transactions may require an independent third party for appraisals, nearly all litigation on these topics will require an expert. How do you evaluate the credentials of an expert? What type of experience will you need your expert to possess? The process of selecting the appropriate expert starts with identifying the issues in dispute. This webinar explores the key factors you should consider in choosing your valuation expert.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/selecting-the-right-valuation-expert-2021/
Arbitration is a growing venue for resolving disputes. Experience with the process is vital to helping your client win their case at arbitration - or decide if arbitration is right for them at all.
Effective use of demonstrative evidence at trialEdward K. Le
The days when an attorney can simply try a case based solely on oral presentation and testimony are gone. With the advent of technology, jurors are now more visual than ever. The negative effect is that their attention span is short and these same jurors are now more impatient than ever. While they may not tell you, these jurors expect trials to be seamless, quick, and entertaining. To hold their attention, the attorney not only has to present seamless testimony, he or she must employ compelling and powerful demonstrative evidence that will educate, inform, and captivate the juror’s attention. That is why the use of compelling and persuasive demonstrative evidence is as important as ever. The point of this paper is to help answer some basic questions to the attorney and his legal team about the use of demonstrative evidence, but also provide ideas and tips on how to create and use demonstrative evidence to persuade jurors. Along the way, another goal is to create and use these demonstrative evidence to increase and enhance the value of your case.
How to effectively create and use demonstrative evidence at trialEdward K. Le
The days when an attorney can simply try a case based solely on oral testimony are gone. With technology, a whole new generation of jurors now expect more visual and illustrative evidence than ever. Their attention span is short. Their patience span is even shorter. To capture attention, attorneys must must employ compelling and powerful demonstrative evidence to educate, inform, and captivate. This paper is written for personal injury and trial lawyers about the use of demonstrative evidence and provide ideas and tips on creating and using them.
Most Common Clinical Research Site Worries and ComplaintsTrialJoin
All clinical research sites, especially new ones who’ve just entered the business, have a couple of common worries and complaints. The clinical research field is complicated and there are tons of formalities, papers, vendors, rules, regulations, etc. Taking into consideration the sensitivity of this business, the fact that human participants are involved, as well as the large amount of money that sponsors spend on a research, we have to work as professionally as possible.
There are many steps involved in a clinical trial, starting from the site selection visit, negotiations, then routine monitoring visits, subject enrollment and randomization, etc. All of these steps are equally important in order to conduct a successful trial. However, the complexity of the clinical research process usually worries and confuses new research sites. We’ve done a research on some of the most common site worries and complaints throughout the duration of a trial. Below, we’ll give you answers to all your questions.
Most Common Clinical Research Site Worries and ComplaintsAnand Butani
All clinical research sites, especially new ones who’ve just entered the business, have a couple of common worries and complaints. The clinical research field is complicated and there are tons of formalities, papers, vendors, rules, regulations, etc. Taking into consideration the sensitivity of this business, the fact that human participants are involved, as well as the large amount of money that sponsors spend on a research, we have to work as professionally as possible.
There are many steps involved in a clinical trial, starting from the site selection visit, negotiations, then routine monitoring visits, subject enrollment and randomization, etc. All of these steps are equally important in order to conduct a successful trial. However, the complexity of the clinical research process usually worries and confuses new research sites. We’ve done a research on some of the most common site worries and complaints throughout the duration of a trial. Below, we’ll give you answers to all your questions.
Selecting the Right Valuation Expert (Series: Valuation)Financial Poise
You have a business interest, an asset, or a potential liability that you need to value. When do you need a valuation expert? While some negotiations or transactions may require an independent third party for appraisals, nearly all litigation on these topics will require an expert. How do you evaluate the credentials of an expert? What type of experience will you need your expert to possess? The process of selecting the appropriate expert starts with identifying the issues in dispute. This webinar explores the key factors you should consider in choosing your valuation expert.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/selecting-the-right-valuation-expert-2021/
Arbitration is a growing venue for resolving disputes. Experience with the process is vital to helping your client win their case at arbitration - or decide if arbitration is right for them at all.
Effective use of demonstrative evidence at trialEdward K. Le
The days when an attorney can simply try a case based solely on oral presentation and testimony are gone. With the advent of technology, jurors are now more visual than ever. The negative effect is that their attention span is short and these same jurors are now more impatient than ever. While they may not tell you, these jurors expect trials to be seamless, quick, and entertaining. To hold their attention, the attorney not only has to present seamless testimony, he or she must employ compelling and powerful demonstrative evidence that will educate, inform, and captivate the juror’s attention. That is why the use of compelling and persuasive demonstrative evidence is as important as ever. The point of this paper is to help answer some basic questions to the attorney and his legal team about the use of demonstrative evidence, but also provide ideas and tips on how to create and use demonstrative evidence to persuade jurors. Along the way, another goal is to create and use these demonstrative evidence to increase and enhance the value of your case.
How to effectively create and use demonstrative evidence at trialEdward K. Le
The days when an attorney can simply try a case based solely on oral testimony are gone. With technology, a whole new generation of jurors now expect more visual and illustrative evidence than ever. Their attention span is short. Their patience span is even shorter. To capture attention, attorneys must must employ compelling and powerful demonstrative evidence to educate, inform, and captivate. This paper is written for personal injury and trial lawyers about the use of demonstrative evidence and provide ideas and tips on creating and using them.
Brenda Arnold
Mayor Karen Golonka
Emily O'Mahoney
Thomas Baird
Examine how Jupiter promotes public access and uses along the waterfront. See how public-private partnerships can create
places for public use. Discussion on how the Community Redevelopment Agency, Community Development Districts, zoning
regulations, grants, EB-5 financing and the Town's public land purchases are leveraged to create the vision along the Intracoastal Waterway and the Jupiter Inlet. The session will illustrate the financing and planning methods that were used, and provides real world experiences and guidance to maintaining public access
and uses, instead of strictly private waterfront developments.
Clara Bennett
Thomas Cooney
Dan Bartholomew
Jon Sewll
Artie White
The panel discussion will focus on the importance of protecting aviation facilities and land assets through planning techniques and enforcing existing laws. The session will include an overview
of the economic benefit aviation brings to Florida and resources available to protect these assets, followed by a panel discussion with a local airport representative and government official to discuss how these techniques have been implemented in their areas. This session is appropriate for planning commissioners, elected officials, staff planners, zoning officials and others involved with land use and zoning responsibilities in areas near
commercial and general aviation airports.
Robert Hunter
Bruce Cury
The session will be designed to provide planners and Planning Commissioners with valuable tools to create effective meetings that result in positive actions. In these lean budget times, using resources and time effectively is critical. Meetings are the planner’s primary vehicle for communicating and getting input from the public. Effective public participation in our planning processes is key. This session will provide perspectives on achieving effective public input in public hearings and running Planning Commission meetings that result in positive changes
for the community. Techniques for dealing with challenging individuals, reaching consensus, handling conflicts, politics and
keeping meetings on task will be discussed.
Dr. Jennifer Languell
The land planning process today is heavily regulated and complex. This session highlighted real life examples from three senior level executives who drew upon past experiences
and demonstrated how they turned adversity into opportunity by employing creative and environmentally sound land planning
techniques. The presentation provided the audience with environmental solutions that can be successfully applied to their own projects. The panel presented their challenges, reviewed
the methodology and application of their solutions and discussed lessons learned throughout the process.
9/10 SAT 8:30 | Land Use Law Update - What's NewAPA Florida
Marcie Oppenheimer Nolan
Nancy Stroud
James E. White
Johanna M. Lundgren
This session focused on the recent state and federal cases impacting daily activities of planners, focusing on “hot button” land uses which involve layers of local, state and federal regulations,
and emphasizing the needs of local government planners in understanding the legal constraints on the treatment of certain land uses. Planners also learned best practices for addressing locally unwanted land uses (“LULUs”) such as “pain clinics”, halfway houses and rehabilitation centers and “big box” commercial uses that pose significant compatibility issues and challenges
for local governments.
9/10 SAT 8:30 | Parking as a Smart Growth StrategyAPA Florida
Ruth Steiner
Andres Blanco
Dawn Jourdan
Parking management strategies are used to address a variety of community planning goals including socio-economic vitality, community livability, transit system sustainability, and economic vitality. Yet transportation planners are increasingly concerned about the connection between parking supply/demand management
and pricing strategies and congestion management outcomes (e.g., delay reduction, capacity utilization, travel time reliability, transit performance, and green-house gas emissions).
With Miami and Ft. Lauderdale as case studies, this session explored the best practices in parking supply, demand, pricing, and land development regulation to understand options available to
planners to manage congestion, increase parking revenues and facilitate multimodal transportation planning.
Planning as a discipline pays inadequate attention to evaluating its success and failures. As a result, planning “successes” often get defined by others, usually as a lack of success. John Landis, Crossways Professor and Department Chair of City and Regional Planning at the University of Pennsylvania, will provide insight and case studies on planning success stories, as well as provide
advice on how to institutionalize success into our efforts. Professor Landis teaches courses in urban economics, property development, land use planning, and green development, among
others. His research interests span a variety of urban development topics including growth management, infill housing, and the geography of urban growth. Professor Landis is currently
completing a National Science Foundation–funded project to model, forecast, and develop alternative spatial scenarios of U.S. population and employment patterns and their impacts on
travel demand, habitat loss, and water use through 2050.
9/10 SAT 8:30 | Planning for Walkable Multimodal NeighborhoodsAPA Florida
Renea Vincent
Whit Blanton
Scott Swearengen
Shilpa Mehta
The City of Tarpon Springs seeks to revitalize its downtown core areas and encourage redevelopment for a vibrant, thriving, destination with a wide range of travel options. The principal ways proving access to the City's urban neighborhoods are constrained and cannot be widened to meet existing or future demand generated by redevelopment. In addition, existing future land use and zoning regulations are out of touch with the area's traditional urban form.
9/10 SAT 8:30 | Can Planners Create Jobs? - Planning & Econ. Dev. 4APA Florida
Charles Pattison
As of the Spring of 2011 unemployment in Florida is hovering around 12%. Many people are out of work but what can planners do to help spur the state’s economy? Even Governor Scott has
placed economic development as the foundation of his governorship with his 777 Plan. This panel will consider some of the ways that planners can help in economic development efforts. The panel will explore the varied ways planning is intersecting
economic development in Florida in the private sector, in the environmental community and on the state and local levels.
Melina Duggal
Charles G. Pattison
Debra Dremann
Frances Marino
The 2060 Plan prepared by the 1000 Friends of Florida presented an ominous scenario of sprawling development in Florida. Since
then, new policies at the state and local level, changes in the availability of capital both for development and conservation, and
demographic and economic trends have likely altered Florida’s future outlook. Is 2060 just delayed, or have development patterns
changed forever? A panel of experts will discuss likely growth scenarios, define ways to capitalize on alternative development trends and present ideas on conservation, planning, financing,
and approaches to development that can be successful in these economic times and the future.
Daniel Kildee
Like many states around the country, the recent economic and housing crisis took a toll on Florida’s communities. The increase in vacant, abandoned, and foreclosed properties has deteriorated neighborhoods, strained local governments, and stunted development.
The first part of this session will explore the challenges facing shrinking cities and how creative planning concepts can foster regionalism and intergovernmental collaboration. The
second part of this session will highlight systemic changes that can positively affect how communities plan, such as reforms to the property tax foreclosure, code enforcement, and mortgage
foreclosure systems.
9/9 FRI 4:15 | Pay-to-Play: Paying for GrowthAPA Florida
Tyson Smith
Dr. Robert Burchell
The presenters will provide commentary on the shift from broadbased funding mechanisms (like property taxes) to user fees and special assessments (private or quasi-private mechanisms) as the principal means of funding new infrastructure. This shiftslow economic recovery and an anti-tax and anti-government
resurgence. Planners will be facing an environment where infrastructure increasingly is provided by either private parties (think
development agreements) or subsets of the jurisdiction who can afford it (think special assessments). This session discusses
what this trend means for planners and for society.
9/9 FRI 4:15 | Avon Park AFR: Joint Land Use Study 3APA Florida
Tricia Martin
Incompatible growth near military facilities can threaten our national defense. Learn what types of development can conflict with military training. Explore the challenges of conducting multi-jurisdictional studies to promote appropriate land uses, around military facilities. Panelists will discuss lessons learned during the course of a Joint Land Use Study (JLUS) of four counties
and three cities for the Avon Park Air Force Range, and close coordination with conservation groups. Strategies to develop support from the community and public officials for measures such as transfer of development rights to buffer the public from
the impacts of necessary military activities will be discussed.
Transcript: Selling digital books in 2024: Insights from industry leaders - T...BookNet Canada
The publishing industry has been selling digital audiobooks and ebooks for over a decade and has found its groove. What’s changed? What has stayed the same? Where do we go from here? Join a group of leading sales peers from across the industry for a conversation about the lessons learned since the popularization of digital books, best practices, digital book supply chain management, and more.
Link to video recording: https://bnctechforum.ca/sessions/selling-digital-books-in-2024-insights-from-industry-leaders/
Presented by BookNet Canada on May 28, 2024, with support from the Department of Canadian Heritage.
Neuro-symbolic is not enough, we need neuro-*semantic*Frank van Harmelen
Neuro-symbolic (NeSy) AI is on the rise. However, simply machine learning on just any symbolic structure is not sufficient to really harvest the gains of NeSy. These will only be gained when the symbolic structures have an actual semantics. I give an operational definition of semantics as “predictable inference”.
All of this illustrated with link prediction over knowledge graphs, but the argument is general.
Accelerate your Kubernetes clusters with Varnish CachingThijs Feryn
A presentation about the usage and availability of Varnish on Kubernetes. This talk explores the capabilities of Varnish caching and shows how to use the Varnish Helm chart to deploy it to Kubernetes.
This presentation was delivered at K8SUG Singapore. See https://feryn.eu/presentations/accelerate-your-kubernetes-clusters-with-varnish-caching-k8sug-singapore-28-2024 for more details.
Smart TV Buyer Insights Survey 2024 by 91mobiles.pdf91mobiles
91mobiles recently conducted a Smart TV Buyer Insights Survey in which we asked over 3,000 respondents about the TV they own, aspects they look at on a new TV, and their TV buying preferences.
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
Let's dive deeper into the world of ODC! Ricardo Alves (OutSystems) will join us to tell all about the new Data Fabric. After that, Sezen de Bruijn (OutSystems) will get into the details on how to best design a sturdy architecture within ODC.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
GraphRAG is All You need? LLM & Knowledge GraphGuy Korland
Guy Korland, CEO and Co-founder of FalkorDB, will review two articles on the integration of language models with knowledge graphs.
1. Unifying Large Language Models and Knowledge Graphs: A Roadmap.
https://arxiv.org/abs/2306.08302
2. Microsoft Research's GraphRAG paper and a review paper on various uses of knowledge graphs:
https://www.microsoft.com/en-us/research/blog/graphrag-unlocking-llm-discovery-on-narrative-private-data/
Builder.ai Founder Sachin Dev Duggal's Strategic Approach to Create an Innova...Ramesh Iyer
In today's fast-changing business world, Companies that adapt and embrace new ideas often need help to keep up with the competition. However, fostering a culture of innovation takes much work. It takes vision, leadership and willingness to take risks in the right proportion. Sachin Dev Duggal, co-founder of Builder.ai, has perfected the art of this balance, creating a company culture where creativity and growth are nurtured at each stage.
1. Practical Tips for Effective Expert Planner Testimony Presented by: Christopher P. Benvenuto, Esq. Collene W. Walter, ASLA, AICP, LEED AP APA Florida Conference The Breakers, Palm Beach September 8, 2011 1
2. Introduction/Background of Presenters Christopher P. Benvenuto, Gunster (WPB) Shareholder/Attorney Land Use Litigation, Property Rights Litigation, and Commercial Litigation J.D., M.S. in Real Estate, B.S.B.A, University of Florida Collene W. Walter, Urban Design Kilday Studios (WPB) Principal Planner ASLA, AICP, LEED AP B.A. in Landscape Architecture, Cornell University; M.A. in Urban and Regional Planning, Florida Atlantic University 2
3. Quasi Legislative vs. Quasi Judicial Application of Policy “Strict Scrutiny” Standard of Review Burden of Proof on Applicant Competent Substantial Evidence Rezonings, Conditional Uses Formulation of Policy “Fairly Debatable” Standard of Review Opinions Count, not just Facts Comprehensive Plan Amendments 3
4. Quasi-Judicial Hearings Distinction between Planner as Agent of Applicant, and Planner as Expert Witness Preparation is Key to a Successful Presentation Presenting Competent Substantial Evidence to support Request Importance of Creating a Record to Setup Appeal Cross Examination – Rare, but be Prepared Practical Tips for Helpful Preparation 4
5. Overview of the Land Development Process from Application to Litigation Application Review by administrative staff Public quasi-judicial hearing before local commission/board Appeals - administrative/circuit court challenges Litigation – filing of petition/complaint Written discovery and document requests Depositions Trial 5
6. Litigation Overview of Litigation Process Preparation of Expert Reports Written discovery Depositions Trial 6
7. Litigation: Preparing Expert Reports Practical Considerations when Preparing Expert Reports Be careful what you write: Your words may come back later to haunt you! Data and Assumptions Faulty assumptions in a report will likely be exposed in deposition and undermine your credibility at trial Be careful of not only what you relied upon, but what you may have failed to consider Quality Control and Proofreading Report should be clear and understandable to the reader – not just you 7
8. Litigation: Discovery and Depositions Overview of Discovery Process Written Discovery/Subpoena Duces Tecum – sample request: “All documents (including drafts), including but not limited to computer files which have not been printed and put in your files, in your possession or control relating to the above captioned lawsuit, prepared and/or reviewed by you, including legal instructions, memoranda, ledgers, surveys, manuals, laws, ordinances, regulations, plans, reports, studies, sketches, renderings, site plans, photographs, videos, appraisals, data book(s), comparable sales data, costs estimates, documentation relating to proposed and potential cures, reports of other individuals and experts and all other documents and tangible items that you have considered or relied upon in this case.” What you reviewed or did not review is relevant. 8
9. Preparing for Depositions Differing approaches between “fact witness” depositions and “expert witness” depositions What to Expect at a deposition What you can and can’t rely upon Thoroughly review any expert reports you drafted and be prepared to defend your assumptions and conclusions This includes what you considered, what you didn’t consider, and why you didn’t consider it Attorney’s Goal in Deposition: Paint you in a corner, and lock in your testimony for trial. 9
10. Practical Tips in Preparing for Your Deposition Always tell the truth! Act like the Professional that you are Relax and take your time Remember your testimony will be transcribed – you are creating a record Sarcastic responses and jokes do not translate well on paper Don’t answer a question you don’t understand. Ask to rephrase. Don’t speculate. If you don’t remember, you don’t remember. Do not volunteer information. Make the attorney draw it out of you. If he or she doesn’t, that’s their problem. 10
11. Preparing to Testify in Court Overview of examination process at trial (direct, cross, re-direct) Different approaches for Direct and Cross Exam Know your audience (Judge or Jury) Your role is to provide specialized expertise and educate the judge or jury 11
12. Strategies for Effective Testimony on Direct Exam Preparation with attorneys Direct testimony should play like an informative conversation, not like a script Do NOT just memorize questions and answers It’s ok to rehearse general topics and anticipated responses ahead of time Remember, the goal is not just to answer the attorney’s question, but to educate the judge or jury. Make sure the lay person can understand the issue and your answer. Perspectives from an expert witness testifying on direct Perspectives from an attorney examining a witness on direct 12
13. Strategies for Effective Testimony on Cross Exam Review your deposition testimony ahead of trial and know what you previously testified to. If you try coming up with a different answer that contradicts prior testimony, you will likely be impeached and lose credibility with a judge or jury. Answer only what is asked of you. If you need to supplement or further explain your answer, consider whether to do so on cross or re-direct. Don’t be afraid to ask opposing counsel to re-phrase a question or clarify a question if it is ambiguous, overly presumptuous, or mischaracterizes facts or your prior testimony. There will be an opportunity for opposing counsel to object to improperly phrased questions. Consider having someone do a mock cross exam of you in advance. Think of toughest questions possible and how you would answer and explain them. 13
14. Strategies for Effective Testimony on Cross Exam (cont.) Dealing with questions where the answer may be harmful to your case Don’t shy away from admitting to harmful information – if opposing counsel has to slowly drag it out of you, it may look worse than if you confronted it head on (“softening the blow”) Can the answer be explained away? If so, you may wish to provide an explanation on cross, or just save for re-direct. (usually, the attorney will decide in advance) It’s not the end of the world to concede a point. If you take an irrational position just to avoid conceding a point, you will lose credibility with the judge or jury. Perspectives from an expert witness being cross-examined Perspectives from a cross-examining attorney 14
15. Communicating with Clients and Attorneys What is privileged and what is not? Different types of communications – face to face meetings, phone calls, faxes, letters, e-mail BE CAREFUL of casual conversational use of e-mails. They are traditionally, the most damning form of evidence. Communications during the application process may later be discoverable if the matter goes to litigation, so be careful with casual writings. Example: Contractual provision providing right to cancel an agreement if permits are not likely to be obtained by a certain date. Recommended best practices 15
16. Communicating with Government Agencies Public Records and Applications What you send to local governments is all public record Public record requests (typically in litigation context) Be careful with e-mail “conversations” with municipalities and government agencies. 16