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In Your Witness, Sam Adam shares eight lessons from a lifetime as a Cook County criminal lawyer.

1) Look at the trial itself as an entity rather than as a collection of witnesses. Remember that the ultimate purpose of cross-examination is to get those gold nuggets for closing argument. Know every fact about the case – and perhaps especially your opponent’s case – before you plan your cross-examination. This should usually include viewing the scene. A well-prepared lawyer who has a superior knowledge of the facts has an enormous advantage going on.

Your Witness: Lessons on Cross-Examination and Life From the Great Chicago Trial Lawyers is published by Law Bulletin Publishing Company, 2008.

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Writing an article is one of the best educational marketing tools available to you as an expert witness. In deciding what topic about which to write, answer questions such as these in your article:

• What are the key issues in your field, and how should an expert be able to address them?

• What should an attorney know when they have a case in this area?

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In How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert’s Perspective, Dr. Vernon M. Neppe MD, PhD, FRSSAf, FAPA, writes on Medical Court Testimony: The Plan of Attack:

Teaching the expert how to avoid pitfalls

The attorney needs to ensure that the expert understands the tricks that the other attorney may use. He needs to teach the expert, if necessary. This should be a given, but many “expert consultants” are not experts in the medicolegal side, though they know a great deal about their expertise. These are examples of pitfalls that the expert should be aware of during cross-examination:

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In So when do we get it over with and declare Google a monopoly?, Charles Cooper on CNet.com quotes antitrust expert witness Richard Schmalensee, of MIT’s Sloan School of Management.

‘There are the standard numbers people throw around but I think most people would say you have to decide whether search ad is a market for antitrust proposes. If it is, that’s a high enough share. But you also have to look at issues of entry and issues of fragility. How stable is that share and how intense is that market,’ Schmalensee said.

‘There’s no magic threshold but with high share levels, you get to be concerned,’ he continued. ‘On the other hand, monopolists are allowed to compete. The question is whether the arrangement would stifle competition.’

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In How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert’s Perspective, Dr. Vernon M. Neppe MD, PhD, FRSSAf, FAPA, writes on Medical Court Testimony: The Plan of Attack:

Teaching the expert how to avoid pitfalls

The attorney needs to ensure that the expert understands the tricks that the other attorney may use. He needs to teach the expert, if necessary. This should be a given, but many “expert consultants” are not experts in the medicolegal side, though they know a great deal about their expertise. These are examples of pitfalls that the expert should be aware of during cross-examination:

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PointofLaw.com on expert witness reform:

It’s not as if the Bayou State regularly produces good news on lawsuit reform, but a new measure applauded by Fred Shumate, executive director of Louisiana Lawsuit Abuse Watch, sounds like an exception: S.B. 308 “would establish a uniform system for eliminating ‘junk science’ and nonexpert witnesses from the courtroom. … This legislation is similar to laws passed recently in Georgia, Mississippi and Michigan, and is already being called a model for possible legislation in West Virginia.”

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The supply chain expert witness can opine on supply chain management, product distribution, returns management, and supply chain logistics. According to Wikipedia:

A typical supply chain begins with ecological and biological regulation of natural resources, followed by the human extraction of raw material and includes several production links, for instance; component construction, assembly and merging before moving onto several layers of storage facilities of ever decreasing size and ever more remote geographical locations, and finally reaching the consumer.

In sophisticated supply chain systems, used products may re-enter the supply chain at any point where residual value is recyclable. In the 1980s the term Supply Chain Management (SCM) was developed, to express the need to integrate the key business processes, from end user through original suppliers. Original suppliers being those that provide products, services and information that add value for customers and other stakeholders. The basic idea behind the SCM is that companies and corporations involve themselves in a supply chain by exchanging information regarding market fluctuations, production capabilities.

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Insurance expert witness Guy Kornblum is author of Do Lawyers Really Understand What They Need to Do to Prepare For Mediation? After a recent Mediation Roundtable, here are Kornblum’s thoughts concerning mediation:

What I heard shocked me: Lawyers don’t know how to prepare for a mediation, and most of the lawyers who attend mediations just are not doing a very good job. The mediators all explained the hurdles they had to overcome. (Their chief complaints were listed at https://www.expertwitnessblog.com 7/7/08 & 7/14/08)….

Since courts are sending many cases to mediation and parties seem more interested in participating, we need to be more mindful that clients need to be educated from day one about this important part of the litigation mechanism. While many courts require lawyers to inform their clients about this process at the outset, it seems that at least my mediator colleagues believe we need to pay more attention to, involve and educate our clients, and make this a part of the ongoing discussion of the case.

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Expert testimony is permissible in a wide range of areas when the subject matter is beyond the knowledge and experience of the jury. For example, the medical expert witness’s testimony is needed to establish if the appropriate standard of care was breached. In malpractice cases, the testimony of experts may establish that the professional failed to exercise appropriate skill. When prepping your medical expert witness, remember to advise him that he has the right to not respond when asked questions that are beyond the scope of his assignment.

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Insurance expert witness Guy Kornblum is author of Do Lawyers Really Understand What They Need to Do to Prepare For Mediation? After a recent Mediation Roundtable, here are Kornblum’s thoughts concerning mediation:

What I heard shocked me: Lawyers don’t know how to prepare for a mediation, and most of the lawyers who attend mediations just are not doing a very good job. The mediators all explained the hurdles they had to overcome. (Their chief complaints were listed at https://www.expertwitnessblog.com 7/7/08 & 7/14/08)….

In my experience, the “mediation process” begins when the client first meets with our lawyers and staff to discuss the case. It is important for us to factor in mediation as part of the Litigation Management Plan, and make it an event in the process of representing the client just like a deposition or hearing on a key motion. We discuss mediation as a way of testing the case as well as posturing it for resolution. We also advise the client how a mediation works, what its advantages are, and alert the client to mediation as part of the evolution of the case – a main event for which we will prepare just like we prepare for trial. I also stress that our advocacy is not comprised by our participating in a mediation.

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