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Demolishing the Expert Witness

Demolishing the Expert Witness . and . Expert Witness Malpractice. Marshall B. Grossman. Bingham McCutchen LLP. Roadmap. III. Expert Malpractice. II. Demolishing the Opposing Expert. I. Expert Checklist. How do you find an expert?. September 2002. M. T. W. S. T. F. S.

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Demolishing the Expert Witness

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  1. Demolishing the Expert Witness and Expert Witness Malpractice Marshall B. Grossman Bingham McCutchen LLP

  2. Roadmap III. Expert Malpractice II. Demolishing the Opposing Expert I. Expert Checklist

  3. How do you find an expert?

  4. September 2002 M T W S T F S Experts from Heaven and Hell September September 2002 M T W S T F S 25 Expert Testifies About His Sept. 13 Report (Which Was Not Produced)

  5. Expert’s Testimony BEFORE Report Produced

  6. Expert From Heaven and Hell September 2002 M T W S T F S Experts from Heaven and Hell September September 2002 “ M T W S T F S …our opinionshad crystallized into a final form by then… ” 25 26 Expert Testifies About His Sept. 13 Report (Which Was Not Produced) Court Orders Expert to Turn Over Sept. 13 Report; Expert Complies Expert Resumes Testimony About His Sept. 13 Report

  7. Expert’s Testimony AFTER Report Produced Insert #2 Skorheim.BEFORE.wmv

  8. Buzz and Woodie Insert #3 Bucklin.wmv

  9. Testimony of Financial Expert Q: How confident are you, sir, of the numbers that you used in arriving at your unjust enrichment analysis? A: Less confident than I was when I walked in here. Q: Have you ever before in your entire career come out of a deposition less confident than you are now with respect to the conclusions you reached on this assignment? A: No.

  10. Who hired me? Insert #4 Korvaleva.Multi.wmv

  11. Experts and Waiver of the Attorney-Client Privilege “ We hold in this writ proceeding that the designation of a party as an expert trial witness is not in itself an implied waiver of the party’s attorney-client privilege. If the designation is withdrawn before the party discloses a significant part of a privileged communication (as in this case), or before it is known with reasonable certainty that the party will actually testify as an expert, the privilege is secure; if the party produces privileged documents or testifies as an expert (such as by stating his opinion), the privilege is waived. ” Shooker v. The Superior Court of Los Angeles County, 111 Cal App. 4th 923

  12. Expert Malpractice • Expert has duty to the party who hired him/her OR to another party if he/she most likely to suffer damage from expert’s negligence Theory: • Expert owes a duty similar to that of other professionals in his/her field of expertise Demonstrating Causation: • Case dismissal Expert’s Potential Liability: • General rule • Limiting liability • Waiver of attorney-client privilege Attorney’s Potential Risks: • Loss of the expert • Liability to expert or client

  13. Closing Argument Demonstration of Opposing Expert Insert #5 Puppet.wmv

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