Your expert opinion is only as strong as your expert report. Opposing counsel can and will use every tactic, fair and unfair, to turn your own report against you. A well-written report is your first and best line of defense from such attacks. Equally important is your ability to recognize counsel's tactics and neutralize them.
This book provides ideal training for professionals on how to draft a written case report that is both persuasive and understandable. The authors explain the legal pitfalls that can undermine the effectiveness of an expert report and they provide practical advice on how to stand up to cross-examination and defend a report on the witness stand.
Several model reports are also included to demonstrate common errors and show examples of effective form, style and content.
Hardcover, 404 pages
Table of Contents:
Chapter 1: Introduction
Chapter 2: Discoverability of Expert Reports and Related Material
Chapter 3: Legal Requirements: Rule 26 Reports, Reports Used in Summary Motions, and Magic Words
Chapter 4: Preparation of Reports and the Assistance of Counsel
Chapter 5: Formatting
Chapter 6: Properly Disclosing Precise Documents Reviewed
Chapter 7: Stating the Expert's Qualifications Accurately and Objectively
Chapter 8: How to Best Express and Document Detailed and Specific Factual Assumptions
Chapter 9: The Importance of Staying Within One's True Area of Expertise
Chapter 10: Stating Opinions and Conclusions in a Defensible Manner
Chapter 11: How to Use Citations to Texts, Guidelines, Codes, Articles, and Other Authority to Bolster a Report's Credibility
Chapter 12: Making Your Report Powerful, Persuasive, and Understandable
Chapter 13: Damaging Superfluous Language and Information That Should Not Be Included in Expert Reports
Chapter 14: Red-Flag Words to Avoid
Chapter 15: Proofreading for Mistakes
Chapter 16: Defeating Counsel's Tactics
Appendix A: Advice From the Trenches
Appendix B: Model Reports