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OnDemand Course

Selecting, Deposing And Examining Experts in the Context Of Fiduciary Litigation

This on-demand webinar is designed to help you get the most from your expert and to help you ensure your opponent gets the least from their expert. Practitioners usually think to retain an expert only when required to identify their experts to the other side. If this is your practice, you are missing an opportunity for guidance from the expert on specific tasks, such as examination of a witness, and on overall case strategy starting with the applicable claims you may assert and running all the way through trial strategy. You will utilize the information in this program every time you consult with an expert.

This on-demand webinar focuses on three areas: 1) using your expert throughout your case; 2) examining your expert so that she is the most effective witness for your case, and not your advocate, and 3) crossing your opponent's expert so that he loses his effectiveness. In the author's personal experience serving as a juror, the jurors dismissed the experts on both sides, found them to be unhelpful, did not rely on a single thing either expert said in their deliberations and negated testimony. This on-demand webinar looks at ways to help you help the trier of fact to rely on your expert when rendering her decision in the case. This program will discuss specific examples of techniques of examination and cross-examination that are both effective and ineffective. You will conclude the program with confidence in your skills dealing with expert witnesses at hearings and trials.

Learning Objectives:

  • You will be able to discuss when to retain an expert.
  • You will be able to identify who should hire the expert.
  • You will be able to review potential areas of expert testimony.
  • You will be able to discuss cross-examination of the expert witness.

Runtime: 90 minutes
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Why Lorman?

Over 33 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

When to Retain an Expert

  • Decide at the Outset of the Case If Expert Testimony Is Necessary to Assist in Preparation of the Case
  • Pre-Trial Use of Expert - Scope of Discovery, Claims/Allegations, Cross-Examination
  • When Not to Use That Expert - Carefully Vet Your Expert for Possible Cross in Areas Related to Breach of Fiduciary Duties

Who Can Discover the Opinions When the Expert Is Retained by the Fiduciary or Counsel?

  • Privilege vs. Fiduciary Duty to Beneficiaries of Full Disclosure

Potential Areas of Expert Testimony

  • Traditional: Capacity, Susceptibility, Forgery, Accounting
  • Other Potential Uses: Fraud, Breach of Fiduciary Duty/Standard of Care, Section 850 Claims and Damages

Examination of the Expert Witness

  • Consider Your Audience
    • Bench Trial: Was Judge an Estate Planner?
    • May Expert Engage in Colloquy With Judge?
    • Excellent Opportunity to Educate Judge in Probate and Trust Law/Practice
    • Jury Trials Much Less Flexibility
    • Look for Different Characteristics of Expert

Cross-Examination of the Expert Witness

  • Expert Witness May Be Cross-Examined to the Same Extent as Any Other Witness
    • Qualifications Always Try to Pin Expertise to Specific Subject of Fiduciary Relationship
    • Basis of Opinion (Incomplete Hypothetical/Facts Not Considered)
    • Credibility If Fiduciary, Ever Been Sued for Breach?
    • Subject of Opinion vs. Area of Expertise
    • When to Ask That Last Question
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More Program Information

Why Lorman?

Over 33 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 January 30, 2014.

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 33 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

Mary F. Gillick

McKenna Long & Aldridge LLP

  • Partner at McKenna Long & Aldridge LLP
  • Practice is limited to fiduciary litigation
  • Achieved the highest rating in the Martindale-Hubbell Law Directory
  • Best Lawyers in America┬« - First Year Listed: 2009 - Most Recent Listing: 2014 (Litigation Trusts and Estates)
  • San Diego Super Lawyers - Most Recent Listing: 2013 (Estate Planning and Probate)
  • Top 50 San Diego Super Lawyers - Most Recent Listing: 2011
  • Top 25 Women San Diego Super Lawyers - Most Recent Listing: 2012
  • The Daily Transcript: San Diego County Top Attorneys - Most Recent Listing: 2011 (Estate Planning/Probate and Trust)
  • Has written and spoken on many topics related to her areas of expertise
  • J.D. degree, magna cum laude, University of San Diego School of Law; B.S. degree in nursing, University of Maryland
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Why Lorman?

Over 33 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 391860
Published 2014
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