Expert Rules: 100 (and more) Points You Need to Know About Expert Witnesses [Paperback]

David M. Malone (Author), Paul J. Zwier (Author)

Book Description

ISBN-10: 1556817215 | ISBN-13: 978-1556817212 | Publication Date: February 2001

The Second Edition of Expert Rules contains fifty new pages based on changes in the Federal Rules of Civil Procedure and Federal Rules of Evidence as amended December 1, 2000. It also contains a new chapter on expert depositions that examines specific questions an attorney can ask at deposition to explore various concepts of reliability. Expert Rules answers the most commonly asked questions about experts, such as: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? An extensive index makes the book easy to use for practitioners, students, and researchers.

Editorial Reviews

Review

"This pocket sized guide provides a quick reference to the principles governing the preparation and presentation of expert witnesses." -- The Federal Lawyer

"What a great book on expert witnesses. Just look at this book for two minutes and you'll buy it." -- James W. McElhaney, Joseph C. Hostetler Professor of Trial Practice and Advocacy, Case Western Reserve University School of Law

About the Author

David M. Malone is the President of Trial Run Inc., a trial consulting and advocacy training firm. He has written several articles dealing specifically with expert issues. He is the author of Deposition Rules: The Pocket Guide to Who, What, When, Where, Why, and How (NITA, 2001) and co-author of The Effective Deposition: Techniques and Strategies That Work (NITA, 1996) and Effective Expert Testimony (NITA, 2000).

Paul J. Zwier is Director of the Center for Advocacy and Dispute Resolution and a member of the faculty at the University of Tennessee College of Law. He is co-author of Effective Expert Testimony (NITA, 2000), as well as numerous articles and books for both the law school and practitioner market on a variety of litigation topics including negotiation, deposition skills, appellate advocacy, motion practice, fact investigation, and ethics.

Product Details

• Paperback: 119 pages
• Publisher: National Institute for Trial Advocacy (February 2001)
• ISBN-10: 1556817215
• ISBN-13: 978-1556817212
• Product Dimensions: 5.9 x 3.8 x 0.3 inches
• Shipping Weight: 5.6 ounces (View shipping rates and policies)
• Average Customer Review: 4.5 out of 5 stars  See all reviews (2 customer reviews)
• Amazon Best Sellers Rank: #1,309,800 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

10 of 10 people found the following review helpful:

4.0 out of 5 stars Expert Rules....Rules!, April 27, 2003

By 

R. Shaff "Velocipede" (USA) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: Expert Rules: 100 (and more) Points You Need to Know About Expert Witnesses (Paperback)

EXPERT RULES was written with the attorney audience in mind. And, it would appear, if an attorney is preparing for a trial in which an expert will be used for the first time, this book would provide an excellent outline. However, I purchased it because a large portion of my consulting practice is centered around expert services including expert testimony. For the expert, this book is a gem.

The primary text is a short 81 pages but authors Malone (who has written other excellent books in this field) and Zwier pack an incredible amount of advice and procedure in this short space. The appendices are reserved for selected passages from the Federal Rules of Evidence (which directly apply to all identified experts) and the Federal Rules of Civil Procedure (identifies the protocol for experts in civil litigation).

Malone and Zwier lay out their treatise in the following fashion: 1) Finding an Expert, 2) Feeding an Expert (communications, discovery, etc.), 3) Expert Reports, 4) Non-Deposition Discovery about an Expert, 5) Preparing an Expert to Be Disposed (excellent insight to trial attorney tactics), 6) Deposing Expert Witnesses, 7) Admissibility of Expert Testimony, 8) Direct Examination of an Expert, 9) Constructive Cross-Examination of an Expert, 10) Destructive Cross-Examination of an Expert, 11) Experts, Summary Exhibits, Visual Aids, and Demonstrations.

As you can see, the authors cover quite a bit of ground even though the book is succinct. Reading from an expert point-of-view, chapters 8 and 9 were of great interest to me as they blazed the path of the typical `bait-and-switch' most attorneys pull on cross-examination. Constructive cross is the art of agreement; that is, getting the expert to agree with your positions (the attorney cross-examining the expert) and your expert's (the opposing expert) opinions. In this phase of the cross, the attorney will do everything necessary to ingratiate himself to the expert in an attempt to slide the expert into a sense of security. Then, as happens so many times in trials, the attorney immediately slips into the Destructive phase of the cross, attacking the expert's qualifications, previous trial testimony, lack of experience relative to the issue at hand, and other maladies affecting an expert from time-to-time. Just understanding these two basic concepts will aid any expert in succeeding during testimony.

The upshot is if an expert understands the procedure, the expert can prepare himself for these tactics and strategies. To a certain degree, it is like peeking into the opposing team's playbook. Consequently, EXPERT RULES, while written with the attorney in mind, is an excellent book for testifying experts as insight into the unknown when one places his hand on the Bible and responds, "I do," after being asked if you promise to tell the truth.

My only criticism of this book is the underused practice of cross-referencing text to the Federal Rules of Evidence and Civil Procedure. Understanding these rules and knowing them "at the drop of a hat" give the expert an advantage when sitting in the witness chair. I can't blame the authors for this however, as most experts aren't interested in the process as much as they are their own product. An error in judgment, in my opinion, but one many survive. Regardless, I highly recommend this book to ANY expert preparing for deposition and/or trial testimony.

1 of 1 people found the following review helpful:

5.0 out of 5 stars Excellent Resource for expert witnesses - quick & easy, May 14, 2009

By 

Paul Lorenzen "Appraiser Expert" (Nampa, Idaho) - See all my reviews
(REAL NAME)   

This review is from: Expert Rules: 100 (and more) Points You Need to Know About Expert Witnesses (Paperback)

Great little tool to gain insights into the task of the expert witness in little "snippets." As a commercial real estate broker and appraiser, I do litigation support with real estate attorneys and this little tool gave me the ability to carry it around (pocket size) and use short "down time" between meetings, etc., to learn new tips and tools to help in preparing my expert witness reports and delivery credible testimony on the witness stand. Highly recommend to people who are "laymen" in the law but "experts" in their field, wanting to do expert witness work. Paul Lorenzen, CCIM, CPM, CSM, MAI, Nampa, Idaho.