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  • 2020 Advanced Expert Witness Workshop-(POSTPONED)

2020 Advanced Expert Witness Workshop-(POSTPONED)

  • 13 Mar 2020
  • 4:00 PM - 9:00 PM
  • University of Richmond School of Law

March 12 Update

Due to ongoing concern regarding the spread of COVID-19, the University of Richmond School of Law is no longer able to host our 2020 Advanced Expert Witness Workshop scheduled for tomorrow, March 13. As a result, we are cancelling this event. We will work to reschedule the Workshop, either in person or online, in the near future. All those who registered for the Workshop have the option of having their registration fee applied toward the rescheduled Workshop or, instead, requesting a refund of their registration fee. To request a refund, please contact our Executive Director Sherma Mather at (804) 649-1002 or smather@vada.org.

Thank you for your understanding and support. Please do not hesitate to contact us if you have any questions.

We are pleased to offer a CLE program and new educational opportunity for the more experienced practitioner, although young lawyers are also encouraged to sign up.  

The Advanced Expert Witness Workshop will be held at the University of Richmond Law School from 1 p.m. to 6 p.m. (4.5 CLE hours approved) followed by a reception.   The agenda is focused on effective cross examination of a variety of experts, preparing your experts for cross examination, and practical tips to combat some vexing expert discovery issues.   

Agenda (4.5 CLE HRS Approved)

Printable Agenda (PDF)

·       Stop Harassing My Experts!  How to Defend Experts from Onerous Financial Disclosure Requests and How to Prepare your Expert for Cross Examination on Financial Interest and/or Bias. 

This section will address the discovery mechanisms which attorneys can use to obtain expert information.  Rule 4:1 of the Rules of the Supreme Court of Virginia governs discovery pertaining to expert witness information.  Leave of court is required if discovery is sought from the expert beyond that permitted by this rule.  Often, parties may use Rule 4:9 and issue a subpoena directly to the expert.  This subpoena may seek the disclosure of financial information which the expert may seek to protect, such as tax returns.  The section will focus on the appropriate objections to raise and how to protect the disclosure of expert information which may be overly broad, unduly burdensome, or not relevant to the issues.  Additionally, when experts testify, they may be attacked because of financial interest and/or bias.  This section will focus on the various methods which may impact an expert’s credibility such as establishing either financial interests, bias, or lack of qualifications.

Danielle Giroux, Harman Claytor Corrigan Wellman
Tate C. Love, Timberlake, Smith, Thomas & Moses, P.C.

·       When to Use Vocational Rehabilitation and Life Care Planner experts and Effective Cross Examination

This section pertains to more complex cases involving personal injury with significant injury.  In order to prove damages, and in cases where long-term care is necessary, experts are often used to project future costs.  This includes future medical care, lost wages, and/or loss of earning capacity.  Experts are also used to establish whether someone is capable of returning to their former employment and/or establishing their work limitations.  This section will focus on the experts used to lay the foundation for this information and damages and how to either strike such testimony if the proper foundation is not laid as well as to discuss effective cross-examination when these types of experts are used.

Sean Workowski, Frith Anderson & Peake
Susan Wirt, MSN, Wirt & Associates

·       Cutting the Malarkey in Premises Liability and Construction Cases:  How to identify when plaintiff’s liability experts erroneously claim violations of inapplicable codes and voluntary standards, what to do, and how to effectively use your own liability expert. 

This section focuses on liability experts used in either premises liability and/or construction cases.  These experts (usually engineers) may focus on whether the premises at issue or construction was compliant with certain applicable codes.  This section will address how to determine whether the codes the opposing party’s expert relies upon are truly applicable, how to determine what codes are applicable under Virginia law, and what to do when the other party identifies an expert who is expected to testify on codes that are not applicable.  This section will address what information should be gathered during the course of discovery, deposition, when a motion to exclude is appropriate and effective cross examination.

Nicholas J. Lawrence, Bancroft, McGavin, Horvath & Judkins, P.C. 
Jim Schofield, CED Technologies

·       Effective Use of Accident Reconstruction Experts in Virginia

This section will discuss case law pertaining to whether Virginia allows accident reconstruction testimony in Virginia.  A brief history and case law development will be provided along with examples of how accident reconstruction testimony can be used effectively in Virginia.  This section will focus on case studies and how to combat the general belief that accident reconstruction testimony is not admissible.

David Drash, Teumer &Drash
Matt Dwyer, President, Accident Technology, Inc.
H. Robert Yates, O'Hagan Meyer

·       Expert War Stories and Tips on Effective Cross Examination of Engineering Experts

This section will focus on laying the appropriate foundation for use of engineering experts and effective cross-examination to address qualifications and whether the basis of the opinion is sound.  Examples will be utilized with regard to exclusion of engineering experts and information will be provided regarding how to prevent your engineering expert from being excluded.  This segment will include case studies and practice tips from the standpoint of the attorney and the expert. 

Moderator: Madelaine Kramer, Sands Anderson
Robert Bove, Exponent
Marty Conn, Moran Reeves & Conn
Michael Garnier, Garnier & Garnier
Keith Madigan, JS Held
Sam Sudler, S-E-A

·       Networking Reception

Hotel

Limited VADA-discounted hotel rooms are available at the Westin Richmond (6631 W. Broad Street, Richmond, VA 23230).  Book online here or call 888-627-7786 and mention "VADA" before February 28 for the $137 discounted rate.

Registration

Registration for this unique event is limited and fills quickly. 

$175 - Early Bird Registration (Discounted registration fee ends February 21)
$200 - Regular Registration (After February 21)

New members, registration includes your first year membership in VADA.  No membership bill sent until 2021.  Contact Sherma Mather at smather@vada.org for details. 

Sponsors



Virginia Association of Defense Attorneys

1915 Huguenot Road, Ste 301

Richmond, VA, 23235

804-649-1002

Executive Director: Sherma Mather

Director of Meetings: Amy Gilbody

Journal of Civil Litigation Managing Editor: Molly Terry

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