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Area of Practice: Lifting and material handling equipment, cranes (overhead, terrain, special), elevating platforms, conveyors. Off-road machinery, earth moving equipment, trench walls stability, drilling equipment. Construction equipment, concrete pouring and vibrating, precast concrete, prestressed concrete production, demolition. Steel structures fabrication, transportation, assembling and erecting, scaffolding. |
WELCOME!
Wednesday, April 20, 2005
The Practice-Building Newsletter for Expert Consultants
"You CAN successfully market your expertise without
sacrificing your integrity."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Marketing Brief
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cross-Examination Questions (and Answers) about
Your Advertising
Some experts are understandably wary of advertising. I see some
forensic advertising that I consider objectionable, advertising that a
skilled attorney could use to impeach an expert witness. On the other
hand, the mere fact that one advertises is not objectionable.
Advertising, in and of itself, is not the basis of being viewed as a
"hired gun." That results, instead, from the prostituting of oneself by
manipulating the facts and opinions to provide a desired conclusion.
If you are concerned about how you will look when answering questions
about marketing your expert services, remember that the attorney
grilling you is probably listed in local, state, and national bar
association publications; Martindale-Hubbell attorney directory; local,
state, and national legal magazines and newspapers; the Yellow Pages;
and his child's athletic booster directory. As was the judge when he
practiced law as an attorney!
Do *not* take the questioning personally. Your responses to the
questions, rather than the questions themselves, will determine the
attitude of jurors and even judges toward you. Practice maintaining
your poise and responses to emotion-loaded questions.
Successful experts say they let questions about their advertising
"bother them all the way to the bank." They have found that questions
regarding advertising comprise only one of many issues on the
cross-examination list and are not a problem when answered simply and
truthfully.
I recently received the following inquiry regarding this issue:
"Your book speaks to this but I wonder if you could elaborate a bit for
me. When lawyers start to beat up on me about the advertising, I'd like
to have a few graceful and effective responses to defuse the issue. I
realize that the expert's manner and tone in responding to questions of
this type are critical and I have no problem in that sphere. I'm at a
bit of a loss in terms of artfully phrasing the responses. Form is
fine--could use some help with content. Could you advise?"
I am sharing my reply with you, our readers, because I think it
addresses concerns common to many to many of you in expert consultant
practices:
- Answer questions honestly, and do not elaborate, except to further
defuse the question.
- As with all deposition and courtroom questions, respond only to
questions, not to statements; be comfortable with the silence and wait
for a question.
- Don't answer compound questions, or at least divide your response,
with one answer to the first part of the question and a clearly separate
answer to the second part.
- Don't give credence to a line of questioning by trying to justify what
doesn't need to be justified. Your restraint will make the attorney
look foolish to the jury.
Here are a few examples of questions you might encounter and suggestions
of possible answers (not a consecutive line of questioning):
Q: Do you advertise your expert witness services?
A: Yes, I do.
Q: Doesn't that mean that you're a hired gun?
A: No. (Don't elaborate; make them explain, by your silence, what they
mean by a hired gun. This you can then defuse. If the attorney
continues that line of questioning, you can define "hired gun" for him
as 'one who is willing to mold his opinion according to request,' which
is not what you do).
Q: You're available to testify for pay, and are willing to say whatever
the attorney asks you to say; isn't that correct? (compound question)
A: I am paid for my time and expertise in reviewing the case and to
testify, if necessary, in deposition or court. What I say is my own
opinion based on the facts of the case.
Q: I have a list of directories in which you advertise your services as
an expert witness. You are hiring yourself out to testify for various
attorneys, correct?
A: I list my services in directories so that attorneys know I am
available for record review and testimony.
Q: You "promote" your expert witness services, isn't that correct?
A: My resume and contact information are listed so that attorneys know
I am available.
Q: Retaining counsel found you on one of these "directories," isn't
that correct?
A: I don't know.
Q: Your opinion is for sale, isn't that so?
A: No, I base my opinion on the facts of the case and am paid for my
time in reviewing the case and testifying about that opinion.
Note: Questions about the *content* of advertising is a different
subject and will be covered in a future article. (Rosalie Hamilton)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Quote
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Whatever you can do or dream you can, begin it. Boldness has genius,
power and magic in it." - Goethe
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Training Center
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
*How to Excel During Cross-Examination:
Techniques for Experts that Work*
by Steven Babitsky, Esq. and James J. Mangraviti, Jr., Esq.
This practical survival guide for expert witnesses reveals all of the
techniques and "tricks" used by trial attorneys during
cross-examination. Each technique is identified, explained and
illustrated with actual and sample trial testimony. As an expert
witness, your "marketability" will increase once you master
cross-examination.
For more information on this text and additional resources on
cross-examination techniques and examples, visit
http://www.expertcommunications.com/products.htm where you will find
*How to Excel During Cross-Examination* as well as other books, CDs and
videos/DVDs addressing this topic.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Expert Excerpt
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Answering Hypothetical Questions
If you have some experience as an expert witness, you probably already
know that hypothetical questions are a key cross-examination tool. They
are used by attorneys as an intermediate step between your position and
theirs. The idea is to first get you to accept facts in a hypothetical
scenario, and then force you to transfer that acceptance onto opposing
counsel's version of the real facts.
Since you can't know what opposing counsel will offer in the way of
hypothetical questions, it's difficult to prepare specifically for them.
When you encounter them, keep in mind the following guidelines:
1. Force counsel to be specific.
If the hypothetical question is ultimately irrelevant to the case facts,
that contrast will be made more easily with specificity of the
hypothetical. The process of requiring specificity can itself reveal the
inaccuracy and irrelevancy of the hypothetical and kill it before it
goes any further.
Your rationale for this technique is simple, logical and well founded.
In order for you to render an accurate opinion as to a hypothetical
question, the question must be specific. Generalities lead to
inaccuracies.
2. Remind the jury that you are answering a hypothetical.
Opposing counsel will want the jury to forget this fact and confuse this
testimony with the case itself. This is all too easy a goal, as
testimony in the memories of the jurors tends to blur together.
Incorporate the reminders in your answers, for example, "In the case of
your *hypothetical* situation - my answer is 'Yes'." Emphasize the word
hypothetical in your answer. Giving it more emphasis reminds the jury
that it *is* a hypothetical and signals them that you see a distinction
between the hypothetical and the case facts.
Earlier I described the hypothetical as an intermediate step opposing
counsel might make, wherein subsequently he would link the hypothetical
to his version of the facts. Be aware that the final step is often not
made by opposing counsel in cross examination. He may want to save it
for closing arguments. Your only chance to negate it is under redirect
examination and only if your attorney revisits the hypothetical.
In the above circumstance, together with your attorney client, you must
compare the hypothetical with the case facts to show that the
hypothetical was not an accurate one and not relevant to the facts. If
your efforts are effective, be prepared for opposing counsel to salvage
his hypothetical by attempting to reconnect it with the case in
re-cross.
- David Tunno, Trial Consultant, www.tunno.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Speaking Schedule
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rosalie Hamilton will be speaking at the following events:
April 28 - Appraisal Institute, Atlanta Area Chapter Seminar,
Atlanta, GA
August 17 - Lunch & Learn Teleconference Class, LNC Resource
September 24 - Forensic Expert Witness Association, Northern
California Chapter, Marketing & Business
Development Workshop, San Francisco, CA
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Legal Levity
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Your Honor," said the jury foreman solemnly, "we find that the man who
stole the $20,000 is not guilty."
---------------------------
Legal secretary to amorous boyfriend: "Stop and/or I'll slap your face."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Bonus Tip
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Don't Apologize for Your 'Income
Be poised and unapologetic about your 'income. You have paid your dues
in
your profession. If you are new to forensic work, I personally assure
you that you will earn every dollar you are paid in the legal arena.
Litigation support is always stimulating and challenging, occasionally
inspiring, and potentially lucrative. It can also be stressful and
perplexing and make you wonder whether justice can ever really be
accomplished. Take pride in the fact that you are contributing to that
goal and charge for your efforts.
- Rosalie Hamilton, President of Expert Communications
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Expert Communications - Expert Consultant Marketing & Training
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Providing the practice development strategies and professional
assistance you need to expand your consulting practice.
* Legal Marketing Analysis and Planning
* Public Relations Management
* CV/Resume Risk Assessment and Review
* Directory Listing and Advertising Recommendations
* Graphic and Print Design
* Target Prospect Identification
* Editing and Ghostwriting
* Website Creation, Analysis and Remodeling
* Training Seminars and One-on-One Communications Coaching
* Legal Marketing Conformity Liaison for Firm Marketing Directors
For more details about personalized help with business development, call
us at 727-467-0700.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Feedback
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A Big Thank You
A big thank you to all of our readers who checked out our new website
and sent in their comments! Some of you caught a few mistakes, and
everyone was very kind and complimentary. I encourage you to check back
often, as we will be adding more resources and timely articles and
reports on a regular and frequent basis.
On another note, we will soon be conducting a comprehensive survey of a
certain number of randomly chosen experts from among our 10,000+
readers. This will be compiled into a special report providing the best
(and worst :) practices of experts and other information our subscribers
have requested. If you are one of the randomly selected experts, please
take the few minutes necessary to give us your comments and opinions.
All responses will be kept anonymous and confidential.
Thanks again for all of your input - your feedback helps us help you
succeed! (meredith@expertcommunications.com)
Expert Communications
140 Island Way, #288, Clearwater, FL 33767
Tel 727-467-0700 Fax 727-467-0800
Find additional articles and resources for the expert
consultant at http://www.expertcommunications.com
This message was sent to mg@mgots.com
X-PMG-Recipient: mg@mgots.com
sacrificing your integrity."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Marketing Brief
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cross-Examination Questions (and Answers) about
Your Advertising
Some experts are understandably wary of advertising. I see some
forensic advertising that I consider objectionable, advertising that a
skilled attorney could use to impeach an expert witness. On the other
hand, the mere fact that one advertises is not objectionable.
Advertising, in and of itself, is not the basis of being viewed as a
"hired gun." That results, instead, from the prostituting of oneself by
manipulating the facts and opinions to provide a desired conclusion.
If you are concerned about how you will look when answering questions
about marketing your expert services, remember that the attorney
grilling you is probably listed in local, state, and national bar
association publications; Martindale-Hubbell attorney directory; local,
state, and national legal magazines and newspapers; the Yellow Pages;
and his child's athletic booster directory. As was the judge when he
practiced law as an attorney!
Do *not* take the questioning personally. Your responses to the
questions, rather than the questions themselves, will determine the
attitude of jurors and even judges toward you. Practice maintaining
your poise and responses to emotion-loaded questions.
Successful experts say they let questions about their advertising
"bother them all the way to the bank." They have found that questions
regarding advertising comprise only one of many issues on the
cross-examination list and are not a problem when answered simply and
truthfully.
I recently received the following inquiry regarding this issue:
"Your book speaks to this but I wonder if you could elaborate a bit for
me. When lawyers start to beat up on me about the advertising, I'd like
to have a few graceful and effective responses to defuse the issue. I
realize that the expert's manner and tone in responding to questions of
this type are critical and I have no problem in that sphere. I'm at a
bit of a loss in terms of artfully phrasing the responses. Form is
fine--could use some help with content. Could you advise?"
I am sharing my reply with you, our readers, because I think it
addresses concerns common to many to many of you in expert consultant
practices:
- Answer questions honestly, and do not elaborate, except to further
defuse the question.
- As with all deposition and courtroom questions, respond only to
questions, not to statements; be comfortable with the silence and wait
for a question.
- Don't answer compound questions, or at least divide your response,
with one answer to the first part of the question and a clearly separate
answer to the second part.
- Don't give credence to a line of questioning by trying to justify what
doesn't need to be justified. Your restraint will make the attorney
look foolish to the jury.
Here are a few examples of questions you might encounter and suggestions
of possible answers (not a consecutive line of questioning):
Q: Do you advertise your expert witness services?
A: Yes, I do.
Q: Doesn't that mean that you're a hired gun?
A: No. (Don't elaborate; make them explain, by your silence, what they
mean by a hired gun. This you can then defuse. If the attorney
continues that line of questioning, you can define "hired gun" for him
as 'one who is willing to mold his opinion according to request,' which
is not what you do).
Q: You're available to testify for pay, and are willing to say whatever
the attorney asks you to say; isn't that correct? (compound question)
A: I am paid for my time and expertise in reviewing the case and to
testify, if necessary, in deposition or court. What I say is my own
opinion based on the facts of the case.
Q: I have a list of directories in which you advertise your services as
an expert witness. You are hiring yourself out to testify for various
attorneys, correct?
A: I list my services in directories so that attorneys know I am
available for record review and testimony.
Q: You "promote" your expert witness services, isn't that correct?
A: My resume and contact information are listed so that attorneys know
I am available.
Q: Retaining counsel found you on one of these "directories," isn't
that correct?
A: I don't know.
Q: Your opinion is for sale, isn't that so?
A: No, I base my opinion on the facts of the case and am paid for my
time in reviewing the case and testifying about that opinion.
Note: Questions about the *content* of advertising is a different
subject and will be covered in a future article. (Rosalie Hamilton)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Quote
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Whatever you can do or dream you can, begin it. Boldness has genius,
power and magic in it." - Goethe
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Training Center
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
*How to Excel During Cross-Examination:
Techniques for Experts that Work*
by Steven Babitsky, Esq. and James J. Mangraviti, Jr., Esq.
This practical survival guide for expert witnesses reveals all of the
techniques and "tricks" used by trial attorneys during
cross-examination. Each technique is identified, explained and
illustrated with actual and sample trial testimony. As an expert
witness, your "marketability" will increase once you master
cross-examination.
For more information on this text and additional resources on
cross-examination techniques and examples, visit
http://www.expertcommunications.com/products.htm where you will find
*How to Excel During Cross-Examination* as well as other books, CDs and
videos/DVDs addressing this topic.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Expert Excerpt
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Answering Hypothetical Questions
If you have some experience as an expert witness, you probably already
know that hypothetical questions are a key cross-examination tool. They
are used by attorneys as an intermediate step between your position and
theirs. The idea is to first get you to accept facts in a hypothetical
scenario, and then force you to transfer that acceptance onto opposing
counsel's version of the real facts.
Since you can't know what opposing counsel will offer in the way of
hypothetical questions, it's difficult to prepare specifically for them.
When you encounter them, keep in mind the following guidelines:
1. Force counsel to be specific.
If the hypothetical question is ultimately irrelevant to the case facts,
that contrast will be made more easily with specificity of the
hypothetical. The process of requiring specificity can itself reveal the
inaccuracy and irrelevancy of the hypothetical and kill it before it
goes any further.
Your rationale for this technique is simple, logical and well founded.
In order for you to render an accurate opinion as to a hypothetical
question, the question must be specific. Generalities lead to
inaccuracies.
2. Remind the jury that you are answering a hypothetical.
Opposing counsel will want the jury to forget this fact and confuse this
testimony with the case itself. This is all too easy a goal, as
testimony in the memories of the jurors tends to blur together.
Incorporate the reminders in your answers, for example, "In the case of
your *hypothetical* situation - my answer is 'Yes'." Emphasize the word
hypothetical in your answer. Giving it more emphasis reminds the jury
that it *is* a hypothetical and signals them that you see a distinction
between the hypothetical and the case facts.
Earlier I described the hypothetical as an intermediate step opposing
counsel might make, wherein subsequently he would link the hypothetical
to his version of the facts. Be aware that the final step is often not
made by opposing counsel in cross examination. He may want to save it
for closing arguments. Your only chance to negate it is under redirect
examination and only if your attorney revisits the hypothetical.
In the above circumstance, together with your attorney client, you must
compare the hypothetical with the case facts to show that the
hypothetical was not an accurate one and not relevant to the facts. If
your efforts are effective, be prepared for opposing counsel to salvage
his hypothetical by attempting to reconnect it with the case in
re-cross.
- David Tunno, Trial Consultant, www.tunno.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Speaking Schedule
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rosalie Hamilton will be speaking at the following events:
April 28 - Appraisal Institute, Atlanta Area Chapter Seminar,
Atlanta, GA
August 17 - Lunch & Learn Teleconference Class, LNC Resource
September 24 - Forensic Expert Witness Association, Northern
California Chapter, Marketing & Business
Development Workshop, San Francisco, CA
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Legal Levity
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Your Honor," said the jury foreman solemnly, "we find that the man who
stole the $20,000 is not guilty."
---------------------------
Legal secretary to amorous boyfriend: "Stop and/or I'll slap your face."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Bonus Tip
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Don't Apologize for Your 'Income
Be poised and unapologetic about your 'income. You have paid your dues
in
your profession. If you are new to forensic work, I personally assure
you that you will earn every dollar you are paid in the legal arena.
Litigation support is always stimulating and challenging, occasionally
inspiring, and potentially lucrative. It can also be stressful and
perplexing and make you wonder whether justice can ever really be
accomplished. Take pride in the fact that you are contributing to that
goal and charge for your efforts.
- Rosalie Hamilton, President of Expert Communications
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Expert Communications - Expert Consultant Marketing & Training
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Providing the practice development strategies and professional
assistance you need to expand your consulting practice.
* Legal Marketing Analysis and Planning
* Public Relations Management
* CV/Resume Risk Assessment and Review
* Directory Listing and Advertising Recommendations
* Graphic and Print Design
* Target Prospect Identification
* Editing and Ghostwriting
* Website Creation, Analysis and Remodeling
* Training Seminars and One-on-One Communications Coaching
* Legal Marketing Conformity Liaison for Firm Marketing Directors
For more details about personalized help with business development, call
us at 727-467-0700.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Feedback
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A Big Thank You
A big thank you to all of our readers who checked out our new website
and sent in their comments! Some of you caught a few mistakes, and
everyone was very kind and complimentary. I encourage you to check back
often, as we will be adding more resources and timely articles and
reports on a regular and frequent basis.
On another note, we will soon be conducting a comprehensive survey of a
certain number of randomly chosen experts from among our 10,000+
readers. This will be compiled into a special report providing the best
(and worst :) practices of experts and other information our subscribers
have requested. If you are one of the randomly selected experts, please
take the few minutes necessary to give us your comments and opinions.
All responses will be kept anonymous and confidential.
Thanks again for all of your input - your feedback helps us help you
succeed! (meredith@expertcommunications.com)
Expert Communications
140 Island Way, #288, Clearwater, FL 33767
Tel 727-467-0700 Fax 727-467-0800
Find additional articles and resources for the expert
consultant at http://www.expertcommunications.com
This message was sent to mg@mgots.com
X-PMG-Recipient: mg@mgots.com
