Young ICCA Skills Training Workshop: Preparing Expert Witness Reports and Testimony

Speakers:

• Pablo Spiller, Senior Consultant at Compass Lexecon.
• Jeffrey A. Jacobs Distinguished Professor of Business and Technology at the University of California Haas School of Business.
• Jennifer Gorskie, Associate at Chaffetz Lindsey LLP in New York.
• Stefano Mechelli, Partner at McDermott, Will & Emery in Rome.
• Richard Lorenzo, Partner at Hogan Lovells in Miami.

Post Event Report

Ms. Gorskie and Mr. Spiller provided guidelines for preparing damages reports. Some of the issues to cover include questions for counsel to ask, direction and guidance the expert needs, and some of the common pitfalls and mistakes. After providing their guidelines, Ms. Gorskie and Mr. Spiller conducted a simulation using facts known to the audience. As part of the simulation, the audience will have the opportunity to participate with questions and comments on the process.

Preparing Expert Witnesses for Testimony

Mr. Mechelli and Mr. Spiller reviewed the key elements to preparing witnesses for testimony. The speakers discussed the best practices for witness preparation and touched on some of the cultural differences that can affect the preparation of both counsel and expert. In addition, the speakers considered some of the recent developments in the field, such as "hot-tubbing," and how these practices can influence witness preparation. Again, a simulated witness prep scenario followed with questions and comments from the audience.

Examining Expert Witnesses

Mr. Lorenzo and Mr. Spiller discussed the basic principles underlying witness examination and testimony. The speakers  considered cultural and language differences as well as the examination process, both from the standpoint of the expert and counsel. The session concluded with a mock examination designed to capture witness participation in the process.