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The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time
The role of expert witness makes considerable demands upon anyone who ventures across its threshold: for he will have a duty of allegiance to the court or tribunal while employed and paid by just one of the parties. The purpose of the play is to give an explanation, in an entertaining way, of the role of the expert witness; and also to provide tips for those engaged in expert witness work. The play comprises a sequence of short scenes, with commentary between, tracing the fortunes of an expert witness in lively action. The play is flexible as to the proceedings - whether litigation, arbitration or adjudication proceedings. This play is ideally suited to students or those considering taking up the expert witness mantle. It is a light hearted and entertaining way of learning more about what the role entails.
This book is an invaluable guide for those providing expert evidence on valuations of commercial properties – including civil actions, rent review arbitrations, lands tribunal cases and rating appeals. The object of the book is to provide the commercial property valuer with a detailed introduction to providing expert evidence in a litigation context, the rules, requirements and the pitfalls for the unwary. Particular trouble has been taken to emphasise the need for quality evidence based on relevant experience which is objective, unbiased, independent, and of sufficient quality to resist challenges before the courts, tribunals and arbitrators. This handbook will help the practitioner start off on the right course and provide forewarning of the issues which he or she is likely to face, leading to greater professional awareness and to higher standards of valuation expert evidence in all commercial property fields.
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
This practical case-based guide will help property and construction surveyors act as expert witnesses in any form of dispute. It concentrates on the role of the expert witness, experts' instruction, duties, expertise, and potential liability.
The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
An outstanding reference that demystifies the legal process forexpert witnesses in land and natural resource disputes A vast and complex body of laws surrounds the ownership anddisposition of land resources today--so it is no wonder that landexperts who assist in land and natural resource disputes often findthemselves grappling with the challenging intricacies of the modernlegal process. This book offers a vital road map through thelabyrinth of civil laws and procedures that professionals whoassist in such cases must navigate. In Surveying the Courtroom, Second Edition, John Briscoeexplains--in plain English--all pertinent rules of evidence andprocedure. From the filing of a complaint to its resolution, heguides you through each phase of a land or natural resourcelawsuit, clearly describing the land expert's role at each stepalong the way. He supplies numerous fascinating and instructivecase studies and vignettes to illustrate his points and to betterprepare you for crucial developments that may arise during thecourse of a trial. He also provides copious references toapplicable codes, statutes, and court decisions, making it easierfor you to find the resources needed to verify or refute points, orto arrive at a more profound understanding of a particularsubject. Surveying the Courtroom, Second Edition is an indispensable workingresource for land surveyors, title abstractors, propertyappraisers, geologists, hydrologists, geographers, oceanographers,civil and environmental engineers, and all other professionals whoare called upon to help courts reach decisions in land and naturalresource disputes.