The Art of Cross-Examining Experts

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Friday, November 30, 2007
Oregon Convention Center
777 NE Martin Luther King Jr., Blvd.
Portland, Oregon
5.75 G MCLE Credits

SCHEDULE

8:25 - Welcome and Introduction

8:30 - 10:00 - Philosophy of Cross Examination
• Why are you cross-examining?
• Constructive cross-examination
• Destructive cross-examination
– Irving Younger’s ten commandments
– Beyond Irving: my “chaos” theory
– Psychodrama
- William A. Barton, Barton & Strever PC

10:00 - 10:15 - Break

10:15 - 11:15 - Cross-Examination in Personal Injury and Medical Malpractice Cases
• Preparation, which represents 75% of effective cross-examination
– Research regarding likely experts called by the opponent
– Utilizing consultants to prepare for cross-examination
– Understanding admissibility, including Daubert challenges
• Strategy considerations and demonstration of effective cross-examination for typical witnesses who appear in personal injury litigation
– When to question
– When not to question
• Actual implementation of preparation and strategy decisions in front of the jury
– Demeanor in the courtroom
– Use of professional literature and treatises
- Jan Baisch, Law Offices of Jan Baisch
- John E. Hart, Hoffman Hart & Wagner LLP

11:15 - 12:15 - Commercial Cross-Examination: Winning the Battle of the Experts
Learn effective techniques for cross-examining experts in commercial cases such as:
• When and how to use technology during the cross-examination
• When to defy conventional wisdom and ask the question you don't know the answer to
• How to convey your case themes during the cross
• How to be spontaneous, or not, during your cross-examination
• How to make the substance of your cross interesting and understandable, especially when dealing with accountants!
• The panel will also provide suggestions for a safe cross-examination for beginners
- David B. Markowitz, Markowitz, Herbold, Glade & Mehlhaf, PC
- Renee E. Rothauge, Bullivant Houser Bailey PC

12:15 - 1:15 - Lunch (optional lunch at live program)

1:15 - 2:15 - Special Issues Relating to Cross-Examination of Experts in Criminal Cases
• The implications of various state and federal constitutional provisions
• The particulars of the rules governing the discovery of expert opinions and work product
• Strategic and tactical issues, including strategies for keeping the expert off the stand altogether, goals and strategies for approaching the cross, and tips for recognizing and avoiding “traps”
- David H. Angeli, Hoffman Angeli LLP
- Shannon K. Connall, Des Connall PC
- Hon. Michael J. McShane, Multnomah County Circuit Court

2:15 - 3:15 - Cross-Examining Experts in Employment Cases
• Cross-examining experts in support of a Daubert challenge
• How to make sure you don’t lose your case through too much cross-examination of the opponent’s expert
• How to use learned treatises to cross-examine experts
- Steve Brischetto, Attorney at Law
- Sharon A. Rudnick, Harrang Long Gary Rudnick P.C.

3:15 - Adjourn

Tuition

(Tuition includes refreshments, course materials, and applies to both live and video replay.)

Video Replay Dates and Locations

Bend – 12/14/07; 8:30 a.m.
Bryant Lovlien & Jarvis
591 Mill View Way

Eugene – 12/7/07; 8:30 a.m.
Harrang Long Gary & Rudnick, P.C.
360 East 10th Avenue, Ste. 300

Medford – 12/7/07; 8:30 a.m.
Kellington Krack Richmond Blackhurst & Glatte LLP
23 Newtown Street

Portland – 12/19/07; 9:00 a.m.
Oregon Law Institute
Gus J. Solomon Courthouse
620 S.W. Main St., Suite 706