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You’ve honed your valuation skills through education, training, and experience and have been educating clients about what their businesses have been worth for years. Now litigation counsel is asking you to educate judges and juries about the economics of a complex commercial dispute. The best way to be an effective expert, in addition to having those well-honed skills, is to gain an understanding of both the litigation forum and the general needs of counsel. This requires a familiarity with certain rules of evidence (why are you here?), Daubert and judges’ duties regarding admissibility of evidence (staying in the game), and types of testimony, e.g., affidavits, depositions, trial, etc. (knowing how—and more importantly when—to be persuasive). This program will discuss what counsel looks for in selecting a financial expert, how to work closely with counsel in managing expert testimony projects, rules regarding your expert report, tips on testifying as an expert witness, and fee-related issues.
Program Agenda
Selecting the expert: Are you the right fit? Determine what expertise is required: Is this project truly in your wheelhouse? Rest assured opposing counsel and his or her expert will sort through your CV and your experience with a fine-toothed comb looking for ways to convince the court you should be disqualified.
Managing the expert: Keep abreast of time and budgets. This avoids surprises and usually requires more communication than monthly billings.
The expert’s report.
Expert testimony.
Other areas of expert involvement.
Fees.
Learning Objectives
Get a better understanding of the attorney’s needs and the litigation process itself. For this, we will explore the various rules of civil procedure and rules of evidence that apply to experts.
Understanding how attorneys select experts, i.e., what they are looking for, so that you can market yourself better for this line of business.
I will share some report writing tips and techniques to assure compliance with admissibility requirements and also to help direct your ultimate testimony.
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