Abandoning an expert witness

Katherine A. CrdenasLaw Offices of Lucas & Crdenas, P.C.Chicago, Illinois 60602312-781-0082KAC@lucasandcardenas.com

Why you should present your case to a focus group

Presented by The National Trial LawyersNovember 30, 2016

Katherine A. Crdenas20+ years of experience representing clients who suffered debilitating injuries Multi-Million Dollar Advocates ForumNational Trial Lawyers Top 100 Trial LawyersLoyola University Chicago School of Law

OutlineThe elements of a focus groupThe preparation requiredThe presentation of the caseWhat I learned about being an advocateWhy you need to conduct a focus group on your big casesCost

The elements of a focus group?The moderator Eric OliverThe location Chicago, Illinois Recruitment of participantsParticipant IncentivesConfidentialityProject timeline

The preparation requiredPlaintiffs case in chiefOpenKey WitnessesVideo taped testimony use actors (staff) if neededExhibitsClosing statementDefense case in chiefOpening Key WitnessesVideo taped testimony use actors (staff) if neededExhibitsClosing statement

The presentation of the case to the groupIntroduction of the case by the moderator1st QuestionnairePlaintiff and Defendant Opening Statements2nd QuestionnaireWitnesses 3rd QuestionnaireClosing Arguments 4th QuestionnaireDeliberations Final Questionnaire

What I learnedConducting a meaningful focus group takes a lot of time and effortPreparation should be 1 month prior to focus group dateAs you are compiling your witnesses and exhibits for FG be simultaneously assigning motions in limine and trial briefs on issues that come upVoir Dire Ask questions to exclude the mindset you cannot change Trial Complete focus group at a minimum of 45 days before start of trialRe-framing your case from opening to close

What I learned, continuedEvery case has a story but how you present the story changes the way the fact finder rewrites your storyVisuals which ones are essential which ones you can do withoutIndirect invitation to follow you in the storySettlementReinforced confidence in your caseJudge was impressed with the findings

Why you should conduct a focus groupYour view of the case is often distortedParticipants may find a defense compellingYou need to know whyYour arguments may not be convincingHow can you change your presentation?Your client may not present wellWill more prep help? Face your problem areas head onCommonly known biases need to be facedComplex issues may not be easily understood

ATTORNEY WORK PRODUCTWork productIllinois S. Ct. Rule 201 - Material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party's attorney.A consultant is a person who has been retained or specially employed in anticipation of litigation or preparation for trial but who is not to be called at trial. The identity, opinions, and work product of a consultant are discoverable only upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject matter by other means.Federal Rule 26 D)Expert Employed Only for Trial Preparation.Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial.

CostsActual cash expenditures$45,000.00 to $60,000.00For a million dollar case that is 6% of total valueMan hoursAttorney prep 60 to 80 hoursStaff 40 hoursExhibits/Videos recording and editingApproved expenditure in a disabled person case

Feel free to call me with any questionsKatherine Crdenas 312-781-0082