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Expert Reports and Opinions: Uncovering Logical Weaknesses and Methodologies

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, May 25, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide counsel through better strategies and practices for thoroughly reviewing an opposing expert's report efficiently but carefully. The panel will discuss why most counsel fail to get as much leverage as possible by failing to follow the best procedures. The panel will explain how to understand the opposing party's argument, identify contradictions, avoid self-contradictions, provide alternatives to areas believed to be incorrect, and verify suspect research or methodologies. The program will also offer examples with commonly seen expert reports.

Description

Litigators must be able to analyze and critique opposing expert reports. More than simply reading the report is required. Counsel must understand the expert's logic, note areas of agreement and disagreement, and test assumptions.

Counsel should apply the same exercise before submitting one's expert reports to ensure that the expert's opinions are sound and entirely consistent with the facts of the case.

By carefully understanding and dissecting the report, counsel can see how to discredit the credibility and accuracy of the opposing expert's conclusions and further support counsel's analysis, conclusions, and opinions. This review may also lead to settlement leverage.

Listen as this experienced panel sheds new light on deconstructing and evaluating expert reports.

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Outline

  1. What a well written expert report should contain
  2. Analyzing the report
    1. Understanding the opposing party's argument
    2. Identifying contradictions
    3. Avoiding self-contradictions
    4. Providing alternatives to areas believed to be incorrect
    5. Verifying suspect research and methodologies
  3. Applications to commonly seen experts

Benefits

The panel will review these and other essential questions:

  • Why do many attorneys fail to glean as much leverage as they could from expert reports?
  • How can counsel spot and eliminate confirmation bias when reviewing reports?
  • What are common red flags of logical fallacy?
  • What should counsel do if the opposing expert's report seems insurmountable?
  • What practices can speed up the review, and what are the most valuable if time is short?

Faculty

Blumen, Scott
Scott M. Blumen

Attorney
The Law Offices of Scott Blumen

Mr. Blumen exclusively handles personal injury and workers’ compensation cases. He produces favorable...  |  Read More

Holthus, Doug
Doug Holthus

Partner
Freeman Mathis & Gary

Mr. Holthus is a Partner at Freeman Mathis & Gary's Columbus office. His primary area of focus...  |  Read More

Marzulla, Roger
Roger J. Marzulla

Co-Founder
Marzulla Law

Mr. Marzulla is one of the nation’s leading water, property, and environmental lawyers. As Assistant...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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