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Seminar Title: Experts and Consultants - Discovery and Testimony
Instructor: Allan H. Goodman
2012 Seminar offered via live toll-free conference call 1-3pm ET:
Jun 22, Jul 27, Aug 20, Sep 28, Oct 26, Nov 19, Dec 21
Description:
This seminar discusses the use of consultants and experts for trial preparation and issues that arise during the discovery process. Challenges to trial testimony of experts are analyzed with regard to relevance and reliability, and the uses of experts in court, arbitration and mediation are examined.
Credit Hours: 2 CLE Hours (General)
Accreditation:
AL, AR, CA, CO, DE, GA, IA, IN, KS, MS, NC, NJ, NM, NV, NY, OH, PA, SC, TN, TX, VA, VT, WA, WI: 2.0 hrs. general
MO, WV: 2.4 hrs. general
OK: 2.5 hrs. general
NJ: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE general credit
This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement.
Dissemination: Materials mailed/e-mailed as registrations are received
Seminar Content:
1.00 hr. Discovery of Consultant and Expert Work Product
I. Types of Witnesses
A. Fact Witnesses -FRE 602
B. Experts - FRE 702
C. Consultants
II. Scope of Discovery of Expert and Consultant Work Product
A Experts –
FRCP 26(a)(2) - Initial Disclosure
FRCP26(b)(4) - Testifying experts and those employed only for trial
B. Consultants -
FRCP 26(b)(3) – Trial Preparation Material - Documents and Tangible Things
III. Specific Issues of Discovery Expert and Consultant Work product
A. Discovery of Facts Known by an Expert
Hypothetical 1 - Lawyer seeks to attend litigation testing performed by defendant
B. Discovery from Investigator in the Ordinary Course of Business
Hypothetical 2 - Discovery from an Examining Physician
Hypothetical 3 – Discovery from Surveyor
C. Discovery of engagement terms
D. Discovery of prior engagements
Hypothetical 4 - Discovery from an unidentified expert
E. Drafts
F. Electronic Data - The Issue of Metadata
G. Unused Information
Hypothetical 5 - Discovery of Information Given to an Expert
H. Communication from Experts - Unsolicited emails & Post-report memoranda
1.00 hour Expert Testimony
I. Applicable Federal Rules of Evidence
II. Admissibility of Expert Testimony
A. Courts Favor Admissibility
B. The Court Serves as Gatekeeper - FRE 702 - relevance and
reliability
C. Evaluation of Methodology
D. Improper Exclusion of Expert
E. Failure to Disclose Identity of Expert
F. Skilled Witnesses – Experts with Factual Knowledge
United States v. Mejia, 545 F. 3d 179 (2d Cir. 2008).
G. Disclosure of Adverse findings and Retaining of Opposing Expert
Agron v. Columbia University, 176 FRD 445 (SDNY 1997).
H. Expert Testifying as to Ultimate Issue
Hypothetical 6 - Expert Testimony as to the Ultimate Issue
III. Use of Experts in Alternative Dispute Resolution - Mediation and Arbitration
___________________
2.0 hours (General)
Presenter: Allan H. Goodman
book@solomonpublications.com
Education
J.D. - University of Toledo College of Law (1974)
Graduate Fellowship, Georgetown University School of Languages and Linguistics
(Summer 1972)
B.S.F.S. - Georgetown University School of Foreign Service (1972)
Bar Membership
Virginia State Bar: Member since 1975 (Judicial Member since 1993)
District of Columbia Bar: Member since 1976 (Judicial Member since 1993)
Maryland Bar: Member since 1990
Admission to Practice
U.S. Supreme Court, U.S. Court of Federal Claims, Federal and State Courts in
Virginia, the District of Columbia and Maryland
Positions
Judge - United States Civilian Board of Contract Appeals – January 2007 to
present
Judge - United States General Services Administration Board of Contract Appeals –
1993-2006
Owner and Publisher - Solomon Publications, Rockville, 1994 - present
http://www.solomonpublications.com/
Private Arbitrator and Mediator, 1985 - present
Private Practice of law 1975 - 1993
Academic Appointments
Adjunct Professor (Construction Contract Law) Georgetown University Law Center
1987-2001
Lecturer in Law (Government Contract Law) University of Richmond, 1980-1985
Adjunct Professor (Government Contract Law) University of Virginia, Northern
Virginia Extension 1981-1984
Publishing/Writing/Lecturing
Presenter, TRT Inc. since 2003.
Basic Skills for the New Mediator, 2d Edition, Solomon Publications (2004)
Basic Skills for the New Arbitrator, 2d Edition, Solomon Publications (2004)
Contributing Author, Alternative Dispute Resolution: A Practical Guide for
Resolving Government Contract Controversies (American Bar Association, 1999)
Contributing Author, Federal Administrative Dispute Resolution Deskbook for
Practitioners (American Bar Association, 2000)
Frequent Lecturer on Alternative Dispute Resolution for various Bar Associations
See "Alternative Dispute Resolution at the General Services Board of Contract Appeals" a
website containing Judge Goodman's articles describing his ADR experience as a
Judge
American Arbitration Association - National Training Faculty for Construction
Arbitrators (1996-1997)
Associate Editor, Law Review, University of Toledo College of Law (1973-74)
Affiliations
Board of Contract Appeals Judges Association
American Arbitration Association - Commercial Arbitration Panel (1980-1999)
DC Bar Attorney Client Arbitration Board (1989-1992)
DC Superior Court Multi-Door Dispute Resolution Panel (1990-1992)
