Do you feel unprepared dealing with expert witnesses and their testimony?

Lawyers often feel overwhelmed with the prospect of deposition experts because, well, they’re experts….

If you’ve ever wondered how successful attorneys do it...

Session 1

PART 1

• Why is it important to collaborate with expert witnesses
• The power of and persuasion through expert testimony
• A simple analytical framework for evidence questions

PART 2

• A closer look at Cal. Evid. Code section 800 through 802.
• What to know about the "common sense" and “too speculative” goal posts
• How to designate expert witnesses

PART 3

• What to remember about expert witness declaration requirements
• How to handle treating physicians, expert witness declarations, and discoverability of opinions
• A closer look at Fairfax v. Lords, 138 Cal. App. 4th 1019 (2006), Du-All Safety, LLC. v. Superior Court, 34 Cal. App. 5th (2019), and Schreiber v. Kiser, 22 Cal. 4th 31 (1999)

Session 2

PART 1

• The "Nine" - Expert Deposition Topics
• Determining the expert witness' assignment and materials reviewed
• Discovering the opinions "word for word"

PART 2

• The importance of eliciting all opinions
• "Must ask" questions and attorney declarations to elicit opinions
• A closer look at Bonds v. Roy, 20 Cal. 4th 140 (1999) and Jones v. Moore, 80 Cal. App. 4th 557 (2000)

PART 3

• How to create distance between opinions and their bases
• Learn the building blocks for trial cross-examination
• What to do with experts basing opinion on "industry experience" and voluminous materials

Session 3

PART 1

• What are the standards for determining and challenging expert witness admissibility
• The key to motions in limine and voir dire
• A closer look at Frye v. United States, 54 App. D.C. 46 (1925) and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)

PART 2

• The real impact of Daubert ruling
• What is the value of conservative opinions
• A closer look at People v. Kelly, 17 Cal. 3d 24 (1976) and Sargon Enterprises, Inc. v. University of Southern California, 55 Cal. 4th 747 (2012)

PART 3

• How to use opinions and “bad facts” to build ethos
• How to make direct examination clear, memorable, and invulnerable to cross-examination
• How to loop and speed up and slow down time through questions

Session 4

PART 1

• What is the mindset for expert witnesses on direct
• How to do calculations while testifying
• The difference between looking at attorney versus looking at jury

PART 2

• People v. O.J. Simpson (DNA Expert)
• Qualifying the expert witness

PART 3

• Key strategies in jury v. bench v. arbitration
• The strategy you should use for direct- v. cross-examination
• People v. Sanchez Introduced

PART 4

• What to remember about Cal. Evid. Code §§ 801, 802
• A closer look at People v. Bell, 40 Cal. 4th 582 (2007) and People v. Sanchez, 63 Cal. 4th 665 (2016)

Session 5

PART 1

• What to remember about Cal. Evid. Code § 721(b)
• Spotting hearsay exceptions easier and faster

PART 2

• Voir dire expert witnesses and a case example of voir dire in trial
• Deciding issues for cross-examination
• What could the expert have done (but didn't do)?

PART 3

• What to do with an uncooperative expert witness
• The dangers of asking judge for help (e.g., motion to strike)
• How you should be listening to the witness (before deciding the next question)

PART 4

• The cross-examination of economist example
• What to remember with the timing of raising evidentiary problems with expert witnesses
• What to do with an industry expert v. voluminous materials witness

Expert Witness Academy Is for Attorneys Who…

• Want to turn examination of expert witnesses a strength
• Want to practice law with excellence
• Want an inside look as to the strategies and techniques lawyers use to debunk expert opinions

"I love your videos. I have been an attorney for 45 years and have won numerous multi million dollar judgments, including a judgement a couple of months ago for 58 million dollars. I feel like I am learning so much from watching these videos."

~ Nathan Goldberg
Allred, Maroko & Goldberg

"I’ve attended Mr. Sugden’s MCLE course in the past and I recommend his course to any attorney seeking to acquire or sharpen their trial skills. I would not hesitate to take another one of his MCLE courses. He has spurred my growth as an attorney which has improved my practice overall. I am grateful he takes the time out of his practice to impart his knowledge and trial experience to attorneys seeking to improve their skill set."

~ Colleen M. Pratt

"What I like about Evidence at Trial and Dave Sugden’s approach to providing this type of MCLE, which I think is so different than any other MCLE course, is his focus is on building a community of lawyers that are really striving to get to that next level of legal practice."

- Shirin Forootan

"Dave is a fantastic and inspiring speaker. The Business Trial Academy delivers a great combination of big-picture theory, real examples, and useful trial techniques. I would highly recommend it!"

~ Christopher Kim