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Expert Witnesstestimony In Compensation Related Litigation
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Book Synopsis Expert WitnessTestimony in Compensation-Related Litigation by : Michael Dennis Graham
Download or read book Expert WitnessTestimony in Compensation-Related Litigation written by Michael Dennis Graham and published by Lulu.com. This book was released on 2019-05-14 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to provide a new perspective on the role of the expert witness, going beyond the legal definition and requirements. For attorneys, it provides insight into finding the right expert for specific cases and preparing an expert for deposition and trial testimony. For consultants and others, it provides a roadmap for serving as an expert witness. For the judiciary, it provides a view to an expert's approach to an assignment and the nature of the process, the reference materials and personal experience that supports their testimony.
Book Synopsis Expert Witness Compensation and Juror Decision Making by : Kally Jo Nelson
Download or read book Expert Witness Compensation and Juror Decision Making written by Kally Jo Nelson and published by . This book was released on 2011 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous research has shown that expert witnesses who are highly paid for their testimony are perceived as "hired guns" (Cooper & Neuhaus, 2000). The hired gun effect occurs when an expert witness is less effective due to jurors' negative perceptions of the expert witness's compensation. To further understand the nature of this effect, Study 1 examined whether the hired gun effect occurs when a higher-paid expert witness is less effective as a result of subjects' comparison of the higher-paid expert witness's compensation to an opposing, lower-paid expert witness's compensation. Although the hired gun effect occurred even when a comparison between two differing compensations was not present, the hired gun effect became more exaggerated when a comparison was present. In particular, as the discrepancy between the two expert witnesses' compensations increased, subjects' ratings of the higher-paid expert witness were significantly lower than subjects' ratings of the lower-paid expert witness. Because we cannot control the high compensation an expert witness may receive for his work on a case, Study 2 examined whether using different litigation strategies to disclose a highly-paid expert witness's compensation may reduce the negative impact of the hired gun effect. That is, by altering how and when compensation is disclosed, the hired gun effect may be diminished. Some subjects read about the highly-paid expert witness's compensation during direct examination, while others read about the highly-paid expert witness's compensation during cross-examination. The way in which the information was disclosed was also manipulated, such that the highly-paid expert witness refuted or did not refute the high compensation. That is, in answering the opposing attorney's question about compensation in the refutation conditions, the highly-paid expert witness responded, "I am charging the same amount that I would make if I was working in my practice; the compensation I receive in my everyday work is the same fee I charge for being an expert witness." It was hypothesized that disclosing an expert witness's high compensation during direct examination would be the most effective strategy due to previous research on stolen thunder (Williams, Bourgeois, & Croyle, 1993); however, preemptively disclosing the expert witness's high compensation proved to be the worst strategy. The most effective strategy was disclosing an expert witness's high compensation during direct examination and subsequently refuting it when the opposing attorney brings it up during cross-examination. The theoretical and practical implications of these studies are discussed.
Book Synopsis Expert Witnessing and Scientific Testimony by : Kenneth S. Cohen
Download or read book Expert Witnessing and Scientific Testimony written by Kenneth S. Cohen and published by CRC Press. This book was released on 2007-07-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simply put, the primary role of the expert witness is to make clear and simple a complex technical or scientific issue. In practice, there are negative and positive aspects that must be considered before committing to the role. In a major case suing for big dollar amounts witnesses can expect to have their life history spread out like a roadmap for
Book Synopsis Effective Expert Testimony by : David M. Malone
Download or read book Effective Expert Testimony written by David M. Malone and published by Aspen Publishing. This book was released on 2014-01-21 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts, all in a manner that resolves these issues.
Book Synopsis Reference Manual on Scientific Evidence by :
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Expert Witnessing and Scientific Testimony by : Kenneth S. Cohen
Download or read book Expert Witnessing and Scientific Testimony written by Kenneth S. Cohen and published by CRC Press. This book was released on 2015-08-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author‘s more than 35 years of experience as a successful expert witness, this revised and expanded edition of Expert Witnessing and Scientific Testimony: A Guidebook demonstrates how to properly present scientific, criminal, and forensic testimony and survive the onslaught of cross-examination in court. It presents material in a step-
Book Synopsis Effective Medical Testifying by : William T. Tsushima
Download or read book Effective Medical Testifying written by William T. Tsushima and published by . This book was released on 1998 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: A useful, practical reference that introduces physicians to basic concepts and procedures in jurisprudence and familiarizes them with the many types of probing (and manipulative) questions that come up in legal hearings. Examples of carefully thought out responses are juxtaposed with ineffectual answers; the well-prepared physician can avoid many pitfalls whether testifying in cases related to personal injury, workers' compensation, or medical malpractice. Annotation copyrighted by Book News, Inc., Portland, OR
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Court-appointed Experts by : Joe S. Cecil
Download or read book Court-appointed Experts written by Joe S. Cecil and published by . This book was released on 1993 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of findings and overview of the report -- Use and nonuse of court-appointed experts -- Identification and appointment of experts -- Communication with the appointed expert -- Compensation of court-appointed experts -- Alternatives to appointment of experts -- Improving the use of count-appointed experts.
Author :American Bar Association. Section of Insurance, Negligence, and Compensation Law. Committee on Insurance Law Practice and Procedure Publisher : ISBN 13 : Total Pages :50 pages Book Rating :4.F/5 ( download)
Book Synopsis Panel on "Expert Testimony in Insurance Cases", 1952 by : American Bar Association. Section of Insurance, Negligence, and Compensation Law. Committee on Insurance Law Practice and Procedure
Download or read book Panel on "Expert Testimony in Insurance Cases", 1952 written by American Bar Association. Section of Insurance, Negligence, and Compensation Law. Committee on Insurance Law Practice and Procedure and published by . This book was released on 1952 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Portable Guide to Testifying in Court for Mental Health Professionals by : Barton E. Bernstein
Download or read book The Portable Guide to Testifying in Court for Mental Health Professionals written by Barton E. Bernstein and published by John Wiley & Sons. This book was released on 2005-08-08 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: A one-stop guide to testifying in court for mental health professionals Even the most seasoned mental health professionals can find themselves unnerved by the prospect of appearing in court, especially when presented with it for the first time. Those in the mental health field usually have no formal preparation for testifying in court, even though they often play an important part in many types of cases. The Portable Guide to Testifying in Court for Mental Health Professionals provides a concise yet comprehensive guide for practitioners preparing to appear in court. The authors employ their combined decades of legal work in the mental health field to provide a clear, no-nonsense handbook of what to expect, how to prepare, and what to look out for when testifying in court. Along with a general introduction to courts and the legal system, the text details topics such as: * Testifying both as an expert and involuntary witness * Protecting clients when bringing therapy into testimony * Preparing for testimony * Tips to use and lawyers' tricks to look out for when testifying in court Throughout the book, Bernstein and Hartsell use detailed case studies to provide specific examples. In addition, "legal light bulbs" offer important tips and facts, and appendices list relevant Web resources and provide common legal forms. A one-of-a-kind resource, The Portable Guide to Testifying in Court for Mental Health Professionals gives a complete view of your role in courtroom proceedings, offering a vital tool for both legal and mental health practices.
Book Synopsis Presenting Expert Testimony by : James H. Seckinger
Download or read book Presenting Expert Testimony written by James H. Seckinger and published by . This book was released on 1991 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Compensating Fact Witnesses by : Douglas R. Richmond
Download or read book Compensating Fact Witnesses written by Douglas R. Richmond and published by . This book was released on 2014 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation often pivots on the testimony of fact witnesses. Unfortunately, serving as a witness may take people away from their jobs or interrupt their lives. It is therefore understandable that fact witnesses may want to be paid for devoting time to litigation. It was once the rule that fact witness compensation was limited to statutory witness fees. That limitation rested on several factors, including the concern that greater payments could entice fact witnesses to perjure themselves, might simply influence witnesses to shape their testimony in ways favorable to the parties paying them, could price justice out of the reach of some people, and created an appearance of impropriety. On the other hand, fact witnesses may be required to devote considerable time to preparing their testimony and later testifying when called, the vast majority of witnesses faithfully honor their oaths to testify truthfully, and witnesses' biases can be exposed on cross-examination. In any event, over time, restrictions on witness compensation have loosened. But while restrictions on compensating fact witnesses are looser than they once were, they are not lax. Lawyers and litigants may not pay fact witnesses for their testimony even if it is truthful. The general rule, in short, is that lawyers and litigants may pay witnesses for time spent testifying, preparing to testify, or assisting with the litigation, and may reimburse witnesses' associated expenses, provided that the amounts paid are reasonable. The general rule has major exceptions, however, as where payments are contingent upon the outcome of the litigation. Furthermore, the reasonableness of payments to fact witnesses is frequently disputed, and, even if payments to fact witnesses are reasonable, additional inducements and failures to disclose compensation-related details may be disastrous. As a result of such missteps, a court may order a new trial, sanction the lawyer or party or both, or disqualify the lawyer. In addition, the lawyer may face professional discipline, and the lawyer, party, and witness all may tempt criminal prosecution. This article examines lawyers' and litigants' compensation of fact witnesses, with a primary focus on lawyers' conduct. After analyzing the issues surrounding fact witness compensation, the article offers practical guidance to lawyers weighing whether and how to compensate fact witnesses.
Download or read book Expert Testimony written by Steven Lubet and published by . This book was released on 2009 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Testimony written by Steven Lubet and published by National Institute for Trial Advocacy. This book was released on 1998 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This concise, well-organized book covers witness credibility, preparation, direct & cross-examination, depositions, discovery, & ethics. Lubet's chapters on cross-examination & deposition testimony are especially helpful in preparing an expert to withstand an assault by the other side's lawyer. . . . Although aimed primarily at experts, Lubet's book is also an excellent resource for the lawyers who hire them. Even veteran litigators may pick up practical pointers on handling expert witnesses who want to know more than what a retaining lawyer has told them. Lubet, who also wrote a trial practice handbook for the National Institute for Trial Advocacy, is a master at leading one through complex materials, which is helpful for novice trial lawyers facing their first trials . . . . He provides clear information about testifying, & he bolsters the information with good examples. The chapters on direct & cross-examinations are good for both lawyers & experts. Lawyers should read this book for a primer an direct & crossBy analyzing & demystifying every aspect of expert testimony, Lubet has created a work that is indispensable to accountants, physicians, psychologists, forensic scientists, engineers, attorneys, & those who are retained as or engage the services of expert witnesses.
Book Synopsis Forensic Economics by : Frank D. Tinari
Download or read book Forensic Economics written by Frank D. Tinari and published by Springer. This book was released on 2016-12-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.
Book Synopsis The National Directory of Expert Witnesses by :
Download or read book The National Directory of Expert Witnesses written by and published by . This book was released on 2000 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
