• How to Testify

    DAY ONE 
    DAY TWO 
    7:30 a.m. - 8:00 a.m.   Registration and Continental Breakfast   Continental Breakfast 
    8:00 a.m. - 9:20 a.m.  Qualifications for Testimony
    Effective testimony begins with the proper groundwork of investigation, preparation, disclosure, and practice. In this opening session, you'll learn how testimony is commonly used in fraud trials, and the qualifications that are required for testimony. The principles you learn in this session will be built upon for the rest of the class.
    Testimony About Damages and Other Remedies
    The bottom line to success in fraud cases is to efficiently find, support and recover an appropriate remedy. In this session, you'll explore the legal options for recovering restitution, damages and other forms of relief, and the evidence and testimony necessary to get them.
    9:20 a.m. - 9:35 a.m.  Break  Break 
    9:35 a.m. - 10:55 a.m.  Rules for Expert Engagements
    Many times fraud examiners must qualify as experts to provide testimony in the fraud case. In such capacity, the witness must be familiar with the Court's requirements in a changing legal environment, as well as practical guidelines to be a competent and convincing witness.
    Participation in Discovery Requests and Depositions
    Most fraud cases are determined before they ever get to the courthouse in the "paper war" of discovery and the "informal" testimony at depositions. This process is full of technicalities and pitfalls for any unprepared participant or witness. This session discusses your role and requirements in this phase of the fraud case.
    10:55 a.m. - 11:10 a.m.  Break  Break 
    11:10 a.m. - 12:30 p.m.  Written Testimony and Reports 
    Although most people may focus on the importance of oral testimony, it is often the written report that truly makes the difference in the case – either for settlement discussion or for trial. During this session, you'll discuss the process of preparing the report, its content, organization, and the importance of attention to accuracy in every detail.
    Techniques for Effective Testimony on Direct Examination
    Direct testimony is your opportunity to shine. In this session, you'll discuss techniques to make the most of it through preparation, and the use of clear testimony and effective demonstrative tools.
    12:30 p.m. - 1:30 p.m.  Group Lunch  Lunch on Own 
    1:30 p.m. - 2:50 p.m.  Case Studies: What Went Wrong and How to Make it Right
    The session will cover examples of litigation where expert witnesses failed, and will also present a real case and examination report to walk attendees through the process of preparing for testimony.
    Surviving Cross-Examination
    You feel good about your testimony under direct examination, in part because counsel was on your side. However, during cross examination you are fair game by the opposing counsel. In this session, you will prepare by learning opposing strategy and how to survive leading questions and tricky cross examination techniques.
    2:50 p.m. - 3:05 p.m.  Break  Break 
    3:05 p.m. - 4:25 p.m.   Subject Matter of Testimony in Fraud Cases
    Direct testimony in fraud cases most often focuses on investigative techniques used to build the case – interviews, financial analysis and other circumstantial evidence – as well as legal remedies available, such as injunctive relief, compensatory damages, and punishment. This session discusses the type of evidence required, techniques for compiling and presenting the evidence, and the testimony that you should be prepared to present.
    Ethical Issues for Experts and Other Witnesses
    Your credibility, reputation, and professional competence are at stake in every professional engagement. Where is the line between aggressive testimony and improper advocacy? How do you avoid risks of becoming involved in questionable or even illegal conduct? What circumstances can give rise to personal liability? In this closing session, you'll discuss ethical issues that you may face in a fraud examination – and more importantly, solutions.


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