The Expert Witness Handbook [NOOK Book]

Overview

Tips and Techniques for the Litigation Consultant: Advice • Explanations • Guidelines • Checklists • Examples • Resources

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The Expert Witness Handbook

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Overview

Tips and Techniques for the Litigation Consultant: Advice • Explanations • Guidelines • Checklists • Examples • Resources

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Product Details

  • BN ID: 2940011204401
  • Publisher: Dan Poynter
  • Publication date: 2/28/2011
  • Sold by: Smashwords
  • Format: eBook
  • Sales rank: 1,278,664
  • File size: 2 MB

Meet the Author

Dan Poynter is a pioneer in book writing, producing and promoting. His New Book Model or “Simultaneous Publishing” is revolutionizing the book industry and information dissemination.


He is a frequent speaker, successful publisher and renowned book publishing consultant, who has a unique, pioneering approach to marketing books—which he so generously shares.


Since 1969, Dan Poynter has written and published more than 100 books including Writing Nonfiction, The Self-Publishing Manual, The Skydiver's Handbook and The Expert Witness Handbook. He has also created more than 50 reports, nine audio CDs, four video programs, a dozen eBooks and more than 500 magazine articles. He is a Certified Speaking Professional (CSP).


Dan is an author and he is a publisher who has experienced every phase of the book publishing process. He has sold his manuscripts to other publishers, he has published other authors, he has published his own books and his books have been translated and published in seven other countries.


Dan does not just work in the book publishing business, he studies the book publishing business. He doesn't just talk about book promotion, he teaches book promotion.


He is an evangelist for books, an ombudsman for authors, an advocate for publishers and the godfather to thousands of successfully-published books.


Dan Poynter's seminars have been featured on CNN, his books have been pictured in The Wall Street Journal, and his story has been told in U.S. News & World Report. The media comes to Dan because he is the leading authority on book publishing.


A well-known aviation speaker, Dan is a licensed pilot, a skydiver with all the ratings and a Master Parachute Rigger.


He has served as vice-president of the Publishers Marketing Association as well as president of the Parachute Industry Association, chairman of the board of the US Parachute Association and president of the international hang gliding commis¬sion.


Often described as “Mr. Publishing,” Dan Poynter shows publishers how to sell more books using some surprisingly simple marketing concepts. No one gives away more help, advice and expertise than Dan Poynter. He is a caring, sharing publisher who is dedicated to putting more than just something back into the system.


Dan shows people how to make a difference while making a living by coaching them on the writing, publishing and promoting of their book. He has turned thousands of people into successful authors.


His mission is to see that people do not die with a book still inside them.


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Read an Excerpt

From Chapter One

There are two kinds of witnesses: lay witnesses and expert witnesses. Eyewitnesses to the event may only tell what they saw, heard, felt or smelled; they are not allowed to tell what others have said (hearsay) or say what they thInk of the case. As a technical witness, on the other hand, you are allowed to express your opinion on any relevant Issue falling within the scope of your expertise. It doesn't matter that you weren't there when It happened. You're presumed to be an impartial, disinterested witness who Is simply explaining why and how things happen.

Rule 702 of the Federal Rules of Evidence provides that if scientific, technical or other specialized knowledge will assist the trier of fact (jury) to understand the evidence or to determine an issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in form of an opinion or otherwise.

Why would anyone want to be an expert witness? Five reasons come to mind:

1. To capitalize on your years of education and experience. Serving as a litigation consultant is a way to do more work in the field you enjoy. It enables you to develop a sideline that could lead to a post-retirement career. Sometimes people become experts just because they get tired of doing what they were doing. Perhaps you are already a consultant and are searching for another profit center. Litigation consulting has been called a prestigious way to moonlight.

2. To get into the action. To experience the challenge, drama and excitement of dealing with people's lives, large sums of money or even the course of history. It is your chance to prove or disprove scientific theories. Expert-witness work will put some excitement into your life.

3. To put something back into the system. That is, to help people in your field and to contribute to society. To see that justice is done.

4. To be hired to study. Since you must anticipate every question at deposition and at trial, you will have to conduct research, study and write. This bank of material may later be used in articles and books. Study is fun if you love your subject.

5. To make money. Expert-witness work pays well. It may take up 10% of your time but contribute 20% to your income. There is no inventory investment and the overhead is low. This is a new profit center for your business. You may charge $50 to $500 per hour for work you do at home and $1,000 to $3,000 per day plus expenses when you have to leave town to testify. Serving as an expert can be very rewarding financially. See the Guide to Experts' Fees, listed in the Appendix.

Perhaps none of these reasons apply to you. Maybe you work for one of the parties to the suit and are being called to testify about company procedures.

This could be the only deposition or trial you attend. If so, you may wish to jump ahead to Chapter Four.

An expert witness or litigation consultant is someone skilled in a particular art, trade or profession or with special Information or expertise in a particular subject area. The expert assists the client-attorney in understanding and presenting the technical aspects of the case.

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Table of Contents

1 What is an Expert Witness and Why be One? 11
2 How to Get Started 26
3 Contracting to Work 33
4 Opinion Forming 57
5 Case Preparation: Working with the Client-Attorney Oral and Written Reports 62
6 Position Papers 73
7 Maintaining Competence 75
8 Discovery of Evidence and Your Files 79
9 Demonstrative Evidence and Props 85
10 The Deposition 94
11 The Trial 121
12 How Much is Your Knowledge Worth? 171
13 Billing and Collections 182
14 Investigation and Testing 186
15 Your Curriculum Vitae 193
16 Your List of Cases 197
17 Jury Selection 199
18 A Guide to the Law and the Courts 202
19 The Rules of the Game 225
20 Where Are We Going from Here? The Future Challenges to the Expert 229
Appendix 233
Glossary 233
Resources 251
Index 279
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