COURSE OUTLINE
Five hours CPD
REGISTRATION: 9.30 - 09.55 hrs - course materials distributed
- 09.55 - Welcome and housekeeping
10.00 THE ADVANCED EXPERT - SESSION 1
- 10.00 - 10.30 The Expert Witness
- Legal definition of an Expert Witness, what follows from the definition and what makes an expert?
- When, how and why can witnesses give 'evidence of opinion', 'evidence of opinion' compared to 'evidence of fact'.
- 10.30 - 11.30 Responsibilities
- What must s/he know and do in order to be permitted to give evidence of "their their opinion".
- Duties under the Civil Procedure Rules
- A close examination of the importance of understanding the duties owed to the Court and the Parties
- Consequences of not understanding and complying with the duties.
11.30 - 11.45 Coffee
10.15 THE ADVANCED EXPERT - SESSION 2
- 11.45 - 12.15 Instructions - Receipt and acceptance
- Making your contract with the lawyers and the Client (standard terms and conditions)
- Essential features of a well-prepared Expert Report: collation of essential facts, obtaining the history, relevant research materials, reaching a conclusion, explaining it succinctly and accessibly, preparing to win the argument.
- 12.15 - 12.45 What follows after delivering your Expert Report
- Conferences with lawyers, Client; JSMs/ADR
- The Joint Meeting and Joint Report: preparation and 'winning the argument'; being clear about 'agreed matters' and 'remaining issues'; preparation after the Joint Meeting in anticipation
- 12.45 - 13.00 Questions
13.00 - 13.45 Light Lunch
13.45 COURT ROOM SKILLS - SESSION 1
- 13.45 - 14.15 The Trial - nature and processes
- What is a trial, how do they happen in 'real life'?
- Understanding the role of the Parties, the witnesses of fact, the witnesses of opinion, the lawyers, the Judge
- Opening speeches
- 14.15 - 14.45 The Trial
- Understanding the importance of giving Evidence-in-Chief
- Winning the argument before cross-examination begins
- How to give evidence: establishing credibility: preparation, pace, tone, manner, use of documents, published textbooks and research papers
- Tips and tricks (part 1): use of illustrations, graphs, photographs, any other visual aides, use of technical English, glossaries
15.00 - 15.15 Tea
15.00 COURT ROOM SKILLS - SESSION 2
- 15.15 - 16.00 Understanding Cross-Examination
- Tips and tricks (part 2): winning Cross-Examinations; being prepared for challenges to your conclusions (facts, materials and opinion); being prepared for challenges to your credibility (history, bias, honesty/integrity); avoiding dangers and pitfalls
- Dealing with questions from the Bench
- The 'vulnerable Expert Witness': dealing with your opponent and his/her opinion
- Closing speeches, judgment and consequences.
END OF COURSE: 4.15
Please note that the times given are only approximate and the confirmed times will be provided in your course joining instructions.
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