Understand the requirements and applicability of Daubert/Frye standards in construction disputes.
Getting expert testimony before the trier of fact is a process that should begin long before the trial. Starting with how to locate and choose the right expert, and moving into the management of expert testimony and reports, this information will lay a broad foundation for not only working with experts, but getting their opinions heard (and believed). Review the discoverability of communications between lawyers and their experts, and best practices for ensuring that your discussions with experts are not disclosed.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Identifying and Retaining the Right Experts
- What Goes Into the Decision to Determine If an Expert Is Necessary?
- At What Stage in the Litigation Should an Expert Be Retained?
- What Is the Process to Identify and Retain an Expert?
- Testifying and/or Non-Testifying Role(s)
Procedural Rules
- Federal Rules
- State Rules
- ADR
Expert Reports and Presentations
- The General Process for Producing an Expert Report
- Is the Process Different for Expert Presentations at Mediations and Settlement Conferences?
Strategies to Consider When Taking/Defending Expert Depositions
- Importance of Witness Preparation
- How Best to Address Differing Viewpoints Between Attorney and Expert
- How Best to Ask the Hard Questions
Expert Testimony at Trial or Arbitration
- At What Stage of the Trial/Arbitration Is It Best to Put the Expert on the Stand?
- How Do You Deal With an Expert That Is Uncomfortable or Inexperienced Testifying?
- Daubert/Frye Motions
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 14, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David Bones
Kenrich Group
- Vice President in the Phoenix office of The Kenrich Group LLC
- Financial damages litigation consultant, specializing in commercial litigation, valuation, forensic accounting, construction, government contracts, and bankruptcy matters
- Over 16 years of experience in damage analysis with an emphasis on lost profits analysis, business valuation, construction cost accounting, and productivity analysis
- Provided expert testimony in various settings including depositions, arbitrations, jury trials, and mediations
- Certified Valuation Analyst
- B.A. degree in finance, Arizona State University; University of California, Los Angeles, Accounting Certificate
- Can be contacted at [email protected]
Clark T. Thiel, Esq., AIA
Pillsbury Winthrop Shaw Pittman LLP
- Partner with the law firm Pillsbury Winthrop Shaw Pittman LLP and chair of its construction practice group and member of the firm’s Insurance Recovery & Advisory practice, named by Law360 as a practice group of the year in 2015 and 2016
- Registered architect in multiple states; licensed contractor in California
- Advises and represents owners, developers, and contractors in the drafting and negotiation of design, construction and insurance agreements, and compliance with jurisdictional requirements for the performance of construction and design services
- Provides advice and counselling with regard to troubled projects in the areas of cost overruns, delay and acceleration claims, construction defects, design liability, and insurance recovery
- Represents public and private owners, developers, design professionals, general contractors and subcontractors in the resolution of disputes through litigation, arbitration and mediation
- Can be contacted at 415-983-1031 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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