About the Course
Introduction
This CLE webinar will offer guidance to trial counsel in injury cases, whether plaintiff or defense, on transforming how they work with experts and how they can develop a formidable presentation. The speakers will discuss deciding whether experts are needed, selecting and retaining the right experts for the case, preparing reports, getting experts ready to testify at deposition and trial, and dealing with experts who are difficult to work with. The speakers will also address issues that arise when experts use AI to prepare reports.
Description
Virtually all personal injury claims will involve some type of expert: forensic experts, medical experts, financial experts, technical experts, accident reconstructionists, and more. If counsel and experts are not working together, the advantages of using expert testimony will not materialize and the result could even work against the case.
There are many strategies and techniques to consider at every stage of the case when selecting, working with, and presenting expert testimony for maximum impact. Many, if not most, mistakes related to expert witnesses, their reports, and their testimony at deposition and trial can be avoided with careful vetting, preparation, and planning.
The most successful counsel determine the need for experts and involve them as early in the process as possible. It is crucial to retain an expert with experience closely tied to the facts of the claim. The best subject matter expert, however, may have little experience testifying or may not be easy to work with. Counsel must have tools for overcoming anxiety, hostility, a reluctance to take direction, or a desire to showcase academic knowledge.
Listen as this panel of trial lawyers provides practical guidance and strategies for deciding the need for experts, selecting and retaining experts, and working to prepare useful opinions and reports, as well as preparing them to give deposition and trial testimony.
Presented By
Ms. Modak-Truran focuses her practice on representing pharmaceutical and medical device manufacturers in mass tort and individual cases pending across the country. For the past decade, she has been responsible for the national coordination of case specific discovery in mass tort actions involving pelvic mesh products. In this work, Ms. Modak-Truran has collaborated with over 150 lawyers from more than twenty-five law firms throughout the country. She has been described by her peers in the litigation as “a high performer who does excellent work that impresses and motivates others to be better.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, January 14, 2026
- schedule
1:00 p.m. ET/10:00 a.m. PT
I. Determining whether experts are needed
II. Selecting and retaining an expert
A. Researching and vetting
B. Planning for admissibility under FRE 702 or applicable state law; preventing objections
C. Letters of engagement/instructions
III. Collaborating with the expert
A. Learning from the expert to develop the case
B. Defining the role of the expert
C. Providing background and supplementary reports (privilege)
D. Preparing required statutory disclosures
E. Reports and drafts
F. Avoiding common pitfalls when working with experts
IV. Preparing experts for deposition or trial testimony; cross-examination
A. Planning when to present expert testimony: liability, causation, damages
B. Avoiding the appearance of advocacy
C. Presenting conclusions first, followed by support
D. Inevitable areas of inquiry
E. Dealing with errors
V. Difficult experts
The panel will review these and other key issues:
- What are the most important questions when deciding whether an expert is needed?
- What should be included in the agreement retaining an expert?
- What are best practices if experts use AI to help prepare reports?
- What are some of the biggest mistakes experts make?
- Should experts present a conclusion first and then offer support and explanation?
