1. Effective Expert Witnessing

2. Qualities that help Meet Daubert standards Credentials Solid Methodology Current w/ literature Employment history/experience Education Tone of voice

3. Qualities that help Poise Training Eye contact w/ jury Emotions in check Speak slowly Professional dress Being prepared (includes documents)

4. Discrediting qualities Opposites of helpful qualities

5. Daubert standards 1.The science can and has been tested. 2.The science has been subject to peer review and publication. 3.Known/potential error rate of the science. 4.General acceptance of the science. 5.Technique must follow standards.

6. Build your credentials Take appropriate course work Grad school? Apprenticeship Subscribe to journals in your field Attend conferences, workshops Join associations Attend trials

7. Credentials continued Certifications Internships/coops Networking Experiment/publish Speech class Debate class (forensics club?) List serves

8. Litigation Process A) Pre –trial process B) Preparing for trial C) Courtroom

9. Pre-trial process 1. Complaint filed 2. Discovery a. Interrogatories b. Documents Automatic disclosure Production of documents Organization of documents Chain of custody Expert report c. Deposition

10. Complaint filed Response by defense: Look for legal or factual grounds for dismissal Waiver signed? Assumption of risk? Statute of limitations Counterclaim Third party claim

11. Discovery Equals fact finding by both sides Prevents surprises in the courtroom Info, documents, expert witnesses

12. Interrogatories Series of written questions sent to the opposition. Burdensome Expensive # can be limited by rule

13. Automatic disclosure Must give info w/o waiting for request Witnesses: name, address, subject Relevant documents Expert disclosure

14. Production of Documents 30 days to respond to request Expert tells lawyer types of documents that may be useful Letters, drawings, graphs, charts Photos, phone records, lab results Drafts, handwritten notes, diaries

15. Privileged info A) Attorney-client B) Work-product privilege C) Proprietary processes and Patents Privilege

16. Feast or famine strategies Give the other side too much that important info gets lost Give the other side only what they request