How to Properly Analyze an Opposition’s Expert Report (Including 1hr. of Legal Ethics)

Doug Holthus
Doug Holthus
Freeman Mathis & Gary, LLP

Doug Holthus is a Partner in the Columbus, OH office of Freeman, Mathis & Gary, LLP.

Jeffrey Cunningham
Jeffrey Cunningham
Goldberg Segalla

Jeff serves as outside General Counsel to solo, small, and mid-sized law firms.

On-Demand: December 21, 2022

$195.00 2 hour CLE

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Program Summary

Session I – How to Properly Analyze an Opposition’s Expert Report – Doug Holthus

Whether for purposes of settlement, mediation, or trial, a thorough and complete analysis of the opponent’s expert’s credentials and opinions is fundamental. Whether considering the issues of liability, proximate cause, or damages, breaking down the opposing expert’s training, education, experience, methodologies, assumptions, conclusions, and ultimate opinions is simply necessary to achieve the optimum result for your client. This presentation will provide an overview and specific tactics for developing and achieving a proper examination of your opponent’s expert’s opinions, as well as offer suggested methods to challenge the presentation of such opinion testimony properly and effectively.

Key topics to be discussed:

  • Challenging an opposing expert’s credentials
  • Challenging an opposing expert’s methodologies
  • Challenging an opposing expert’s opinions
  • Challenging an opposing expert’s credibility
  • Daubert motions

Session II – Legal Ethics – Jeffrey Cunningham

The use of expert assistance in the practice of law includes a host of ethical questions and challenges for lawyers. This program will review the role of experts and specific ABA Model Rules that apply to those situations. In addition, this course explores best practice tools and risk management strategies to mitigate potential issues.

Key topics to be discussed:

  • Overview of ethics
  • Ethics in retaining experts
  • Ethics with adverse experts
  • Ethics while serving as an expert
  • Tools for the ethical use of experts

Date: December 21, 2023

Closed-captioning available

Speakers

Dough-P.-Holthus_Freeman-Mathis-&-Garys_myLawCLEDoug Holthus | Freeman Mathis & Gary, LLP

Doug Holthus is a Partner in the Columbus, OH office of Freeman, Mathis & Gary, LLP. Doug is a veteran trial lawyer having more than thirty-five years’ experience trying cases in various state and federal courts, defending claims ranging from personal injury and wrongful death to medical and other professional negligence, product liability to construction defect, and business disputes to employment discrimination and termination claims.

 

Jeffrey Cunningham_ Goldberg Segalla_myLawCLEJeffrey Cunningham | Goldberg Segalla

Jeff serves as outside General Counsel to solo, small, and mid-sized law firms. Jeff’s litigation practice focuses primarily on defending lawyers, as well as accountants and other professionals, mainly in New York and Connecticut state and federal courts. He also advises and defends lawyer-clients in disciplinary and ethics proceedings.

Agenda

Session I – How to Properly Analyze an Opposition’s Expert Report | 2:00pm – 1:00pm

  • Challenging an opposing expert’s credentials | 2:00pm – 2:12pm
  • Challenging an opposing expert’s methodologies | 2:12pm – 2:24pm
  • Challenging an opposing expert’s opinions | 2:24pm – 2:36pm
  • Challenging an opposing expert’s credibility | 2:36pm – 2:48pm
  • Daubert motions | 2:48pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – Legal Ethics | 3:10pm – 4:10pm

  • Overview of ethics | 3:10pm – 3:22pm
  • Ethics in retaining experts | 3:22pm – 3:34pm
  • Ethics with adverse experts | 3:34pm – 3:46pm
  • Ethics while serving as an expert | 3:46pm – 3:58pm
  • Tools for the ethical use of experts | 3:58pm – 4:10pm