Writing and Defending Your Expert Report: The Step-by-Step Guide with Models [Hardcover]

Steven Babitsky (Author), Jr. James Mangraviti (Author)

Book Description

Publication Date: January 1, 2002 | ISBN-10: 1892904217 | ISBN-13: 978-1892904218 | Edition: 1

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. Writing and Defending Your Expert Report: The Step-by-Step Guide with Models is the seminal work on how to craft and confidently and expertly defend your expert report.

Editorial Reviews

About the Author

Steven Babitsky and James J. Mangraviti, Jr. are the nation's leading and most prolific authors and trainers on expert witness issues. They are both former trial lawyers whose past texts include: How To Excel During Cross-Examination: Techniques for Experts that Work, How To Excel During Depositions: Techniques for Experts that Work, and The Comprehensive Forensic Services Manual: The Essential Resources for all Experts. Attorneys Babitsky and Mangraviti have trained thousands of experts on the skills needed to be more effective and better assist the trier of fact.

Product Details

• Hardcover: 420 pages
• Publisher: Seak Inc; 1 edition (January 1, 2002)
• Language: English
• ISBN-10: 1892904217
• ISBN-13: 978-1892904218
• Product Dimensions: 10.1 x 7.2 x 1.1 inches
• Shipping Weight: 2 pounds (View shipping rates and policies)
• Average Customer Review: 4.3 out of 5 stars  See all reviews (6 customer reviews)
• Amazon Best Sellers Rank: #354,196 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

19 of 19 people found the following review helpful:

4.0 out of 5 stars It's not too late to learn a few excellent things!, August 13, 2002

By 

James L. Throne "Jim Throne" (Dunedin, Florida United States) - See all my reviews
(REAL NAME)   

This review is from: Writing and Defending Your Expert Report: The Step-by-Step Guide with Models (Hardcover)

There are only a few "how-to" books for the person who must give a learned or "expert" opinion on legal issue. Most are notably less than satisfactory. In my opinion, Babitsky and Mangraviti have tackled one of the most difficult aspects about being an "expert," that of writing a defensible report. The messages in their treatise are quite clear. "Don't commit something to paper unless you can support it with documentation!" "Write the report when you feel you fully understand the issue and not when the attorney says you are ready!" And perhaps more important, "Leave the adverbs and adjectives for your next novel!"

I found their writing style somewhat pendantic and their cross-examination illustrations somewhat contrived. And I was disappointed that more than a-third (actually 36%) of the book was "model reports," or, if you wish, case studies. The authors do not provide the reader with a copy or even a synopsis of "Standard Practice for Reporting Opinions of Technical Experts," although said practice is cited twice in the book (pg. 241, pg. 248). Although a large number of examples are medical issues, this probably mirrors real life. I found one major area that is not covered - that of expert opinion on patent issues.

Probably the two scariest aspects for any expert today are known as the "Markman" and the "Daubert." The first renders the expert interpretation of less value than that of common, everyday usage. Babitsky and Mangraviti do not address "Markman." They do address "Daubert" however. And correctly put the "fear of God" in every expert's heart on this issue. You haven't experienced terror until you've been challenged on techniques that you have used and considered sacrosanct for decades.

This book is a must for anyone who has or will be giving written opinions on legal issues.

10 of 11 people found the following review helpful:

3.0 out of 5 stars Writing and Defending Your Expert Report, February 16, 2002

By 

Larry G. Denissen (Mt. Pleasant, SC USA) - See all my reviews

This review is from: Writing and Defending Your Expert Report: The Step-by-Step Guide with Models (Hardcover)

The book provides very interesting and useful information. The first fifteen chapters live very well up to the title, with objective and lots and lots of "across the board" information!

My only criticism is that the Model Reports consist of - without exception - medical related scenarios.

Variety in the form of Reports on subjects other than medically related would certainly enhanced the efficacy of the book.

Indeed, while initially perusing the book, I almost felt misled when I browsed through the Model Reports at the end. In fact, I still feel a bit piqued; I will certainly include this book in my Seller's Account!).

8 of 10 people found the following review helpful:

5.0 out of 5 stars Excellent, September 1, 2004

By 

Randy Given (Manchester, CT USA) - See all my reviews
(REAL NAME)   

Amazon Verified Purchase

This review is from: Writing and Defending Your Expert Report: The Step-by-Step Guide with Models (Hardcover)

There is a lot of excellent material in this book. Yes, of the 400 pages, "only" 230 are the main text and 140 pages are model reports. I would have bought the book just for the main text. The model reports are worthy extras. Not to mention the 20 pages of "advice from the trenches".

By the way, the model reports are not merely medical. At first glance it might appear that way, but reading the material shows that it is not. Here is a list of the model reports:
+ toxic tort
+ medical negligence
+ correctional facility safety evaluation
+ products liability, rule 26
+ biomechanics
+ vocational evaluation
+ legal malpractice affidavit
+ independent medical evaluation
+ products liability
+ trade secret declaration
+ accident reconstruction
+ custody / visitation evaluation

If you write expert reports regularly, this should be on your bookshelf. Even if it is your first report, definitely consider this book. It will, more likely than not, remain on my shelves for quite some time.