SEAK Expert Witness Blog

Expert Witness Marketing Book by SEAK, Inc.

2011-04-14T08:34:00.000-04:00

SEAK has just completed a ground breaking book on Expert Witness Marketing.

How to Market Your Expert Witness Practice: Evidence-Based Best Practices is the first ever research based roadmap to expert witness business development. How to Market Your Expert Witness Practice is 400+ pages of extensive research from both successful expert witnesses and the trial attorneys who hire them.

Buy a copy today, and quickly and dramatically expand your expert witness practice.

http://www.seak.com/shopping/Books/How_to_Market_Your_Expert_Witness_Practice_colon__EVIDENCE_dash_BASED_BEST_PRACTICES/index.html

Expert Witness Practice Management Tools

2010-11-02T14:06:00.000-04:00

I recently received an email from an expert who was looking for practice management tools to utilize in his practice:

"Hello, I perused your site looking for suggestions/comments on a practice management tool for expert witnesses. I've read many blogs (Lawyerist.com, themaclawyer.com, etc.) and have a good stable of options at this point, but wanted advice from the expert witness point of view. Two leading candidates are Clio (www.goclio.com) and Rocket Matter (rocketmatter.com). Has anyone within SEAK come across these tools or have opinions in this space? Any guidance would be greatly appreciated."

If anyone has experience with these tools or others, please leave a comment.

Thanks,
Alex Babitsky, MBA
Partner, SEAK, Inc.
www.seakexperts.com
www.testifyingtraining.com

Expert Witness Deposition Preparation - SEAK

2010-10-14T15:50:00.000-04:00

Article - Expert witnesses are frequently inadequately prepared by retaining counsel for their depositions. In traveling across the United States and working with experts, this refrain and complaint has been expressed to the authors over and over again by experts from all disciplines. The size of the case does not seem to matter. Experts are ill-prepared by counsel in small, medium, and even large dollar cases.

Enjoy!

Alex Babitsky
Partner - SEAK, Inc.
http://www.seakexperts.com/
http://www.testifyingtraining.com/

How successful are your expert witness directory listings?

2010-10-11T08:41:00.000-04:00

Measuring the effectiveness of your expert witness directory listings is critical for you to determine which marketing effort is working for you, and which is not. I like to base this on a Return on Investment analysis (ROI). If you pay a few hundred dollars per year to be listed in a directory, (let's call it $400 to use a round number), than anything you take in beyond that is well worth it, and provides you with a positive ROI.

Each forensic case you receive is worth such a large amount of money, let's call it $5,000, that even if you list in a directory for 10 years and get only one $5,000 case, it's still well worth it. You paid $4,000 and took in $5,000.

In my opinion, many experts make the mistake of taking a too short term look at marketing such as this. I can tell you, that if I could take $4,000 invest it and get back $5,000, I would do it all day long.

Yes, some directories may provide more (or less) referrals than others, but as long as you are getting back a positive ROI, than you should consider continuing them.

Alex Babitsky, MBA
Partner - SEAK, Inc.
SEAK Directory of Expert Witnesses

Expert Witness Technology Resource - PhoneTag

2010-10-08T15:59:00.000-04:00

I've been using a service for a few months, which I have found to be a great time saver, and I thought I'd pass it along (and I'm not getting paid to plug this). This could be very useful to experts along with many other professionals as well.

The company is called PhoneTag, and they have a service which converts your voicemails to text, and then emails them to you. This is excellent if you travel or if you just want a hard copy record of your messages. They send you the transcribed voicemail along with an audio file of the original message to your PDA, Smartphone or email account. I don't travel all that frequently, but this service saves me the time of checking my voicemail for messages, writing the message down and then calling or emailing my assistant asking her to take care of the task. This way I can simply forward her the PhoneTag message, with a brief note. Here is their website, http://phonetag.com/ they have different pricing plans depending on the number of messages you receive on a monthly basis.

Alex Babitsky, MBA
SEAK, Inc.
www.seakexperts.com

Google tip for expert witnesses

2010-10-08T14:16:00.000-04:00

Consider setting up a Google Alert for specific terms/phrases. Google Alerts are email updates of the latest relevant Google results (web, news, etc.) based on your choice of query or topic. This allows you to keep current on a specific industry, you can setup an alert for a colleague/competitor (so you are notified any time their name is published on the web). If you are a Real Estate Expert, consider setting up an Alert for the phrase "Real Estate Expert" or "Real Estate Expert Witness". At a minimum I urge you to setup an alert for your own name. This is a quick and simple way expert witnesses can stay up date.

Alex Babitsky, MBA
SEAK Directory of Expert Witnesses

Experts should return phone calls promptly

2010-10-07T10:13:00.000-04:00

I was speaking with an attorney the other day who was trying to contact an Ophthalmology expert who is listed in our SEAK Expert Witness Directory (and who shall remain nameless). The attorney had called and left a message for him and hadn't heard back from him in 24 hours. The attorney was going to call him one more time and if he did not answer, she was moving on, and was going to call the next Ophthalmology expert on her list.

The moral of this story, is that experts should be responsive when receiving calls from prospective clients. Return the call as soon as possible. If not, they will simply call someone else. Consider listing your cell phone number, rather than your office number, in the marketing you do for your expert witness practice, such as expert witness directory listings.

Alex Babitsky, MBA
SEAK, Inc.
SEAK Directory of Expert Witnesses
www.seakexperts.com

Getting the most from your expert witness directory listings - part 1

2010-10-06T15:42:00.000-04:00

Experts should take the time necessary to fully understand how each expert witness directory that they are listed in, is setup and how it works functionally.

A few

1. Make sure the specialty areas that you want to be found under, are included in sections that are actually searched/indexed. I see many experts that include specialty terms in sections that do not get searched.

2. Review your expert witness listings every 6-months or so, to make sure the information is current and accurate. Experts move, change phone numbers, email addresses, etc. and often do not update their directory listings, or the directory service may make a typo.

3. When appropriate, try avoid using exact numbers in your directory listings. For example, if a directory asks for number of years in practice, instead of using a number such as 21 Years in Practice, you may want to use a general: 20+ Years in Practice. This way you don't have to update it each year.

Stay tuned for more tips!

Alex Babitsky, MBA
Partner - SEAK, Inc.
SEAK Expert Witness Directory
http://www.seakexperts.com/

Featured Expert Witness Listings now available on seakexperts.com - NEW!

2010-09-27T08:10:00.000-04:00

Featured Expert Witness Listings are now available on http://www.seakexperts.com/

We've received a lot of feedback from our directory members, looking for a way to have their online directory listings stand out. These new premier listings appear in a special "Featured Experts" section on page one of each applicable online search.

SEAK Featured Expert Witness Listing

This is an exclusive offer available only to our Directory members.

We limit the # of Featured Listings, to 3 per phrase.

Enjoy!

Alex Babitsky, MBA
SEAK, Inc.
alex@seak.com

Banking Expert Witness Directory - SEAK, Inc.

2010-07-30T14:29:00.000-04:00

A listing of Banking Expert Witnesses. Free to search. SEAK Expert Witness Directory.

Expert Witnesses still in demand despite downturn

2010-06-25T15:24:00.000-04:00

Expert Witnesses still in demand despite downturn

BY: Dolan Media Newswires

Despite the recession, top expert witnesses still command top dollar.

But many are being brought in later in the pre-trial process, as attorneys and clients try to keep the lid on litigation costs.

A survey of testifying specialists and attorneys conducted earlier this year indicated that “lawyers are hiring later and more cautiously controlling [experts'] hours and (the work) they are doing,” said Steven Babitsky, whose firm, SEAK Inc., conducted the survey.

“Lawyers are being a little bit more cautious on the use of experts. Sometimes they’re holding off hiring the expert until later. That’s one way of holding down the fee,” noted Babitsky, whose Falmouth, Mass., firm trains testifying specialists and provides a nationwide expert witness directory for trial lawyers.

Gerri Colton, director of Technical & Medical Advisors, a San Francisco-based expert-locator firm, agreed: “Most firms are waiting much later to get their experts just to save money.”

“Retaining of experts and anything litigants consider anything but absolutely essential has gotten pushed later into the litigation cycle,” commented Richard Gabriel, president of Decision Analysis, a Los Angeles litigation consulting firm.

Some lawyers are also reducing the number of experts they use for a case, according to Gabriel.

“The clients I work with may save costs by cutting back on the number of experts and really tailoring their testimony to what the jury needs,” he said.

Colton said some cost-conscious law firms are “trying to find an expert who covers two fields of testimony, like an accident reconstructionist with an architectural background.”

But Shannon Kos, a defense lawyer with Collins, Einhorn, Farrell & Ulanoff in Southfield, Mich., said asking experts to “stretch their credentials” could trigger a Daubert motion.

“Say a plaintiff’s attorney hires an expert, and … asks that expert to cover more than just the expert’s general area of expertise,” Kos said. “I think that’s when experts can get into trouble. I’ve seen Daubert motions where experts are now trying to testify outside their area of expertise.”

‘Willing to spend the money’

One thing that hasn’t changed - despite the tricky economy - is experts’ fees, according to Babitsky.

SEAK’s survey of hundreds of experts and lawyers “indicates quite clearly that the experts are not lowering their fees,” he said.

And some experts report an increased demand for their services.

“We’re seeing more litigation,” particularly in business and family law cases, said John Simek, vice president of Sensei Enterprises in Fairfax, Va., a computer forensics firm.

Babitsky said he’s not surprised: “The experts who do excellent work are still very busy. There is still a lot of competition amongst experts, but the use of experts, as far as we can see, has not gone down.”

Kenneth Kolpan, a solo personal injury lawyer in Boston who specializes in brain injury suits, said his use of experts is unaffected by the economy.

“I certainly haven’t cut back, because they are a necessary part of the case,” he said.

Rhonda Hill Wilson, head of a two-lawyer, personal injury firm in Philadelphia, said she is bound by Pennsylvania law to use medical experts to establish causation in the nursing home negligence and medical malpractice suits she files.

“If we don’t use experts we get thrown out of court,” she said.

Regardless of statutory requirements, however, Wilson said she would be reluctant to skimp on expert costs.

“You have to be cautious about trying to save money,” she said. “If you take these kinds of cases you have to be willing to spend the money.”

Nora Tooher is a staff writer for Lawyers USA, a sister publication of New Orleans CityBusiness.

SEAK launches new Expert Witness Training website

2010-05-03T08:49:00.000-04:00

SEAK sponsors annual seminars and conferences, provides onsite training to corporations, groups and government agencies, and provide one-on-one training and consulting for individuals.

Our highly-regarded expert witness training is fast paced, interactive and highly effective. We utilize the optimum combination of didactic lecture, questions and answers, mock trial demonstrations and videos of actual witnesses testifying in real cases.

Visit our new expert witness training website: http://www.testifyingtraining.com/

SEAK Expert Witness Directory Specialties

2010-04-30T07:06:00.002-04:00

SEAK's Expert Witness Directory contains expert witnesses in over 7,000 specialty areas. The SEAK Directory is sent to over 50,000 Trial Attorneys, Paralegals and Insurance Adjusters nationwide. Free to search.

Click here to search.

- SEAK, Inc.

SEAK 19th Annual Expert Witness Conference - Chicago

2009-12-30T15:16:00.003-05:00

SEAK, Inc. is pleased to present its Nineteenth Annual National Expert Witness Conference June 24-25 in Chicago. Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include lectures, trial demonstrations, lively question and answer periods, and intensive breakout sessions led by a highly qualified faculty.

Conference registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and collegial atmosphere. We are proud to present eight preconferences this year. We are also pleased to provide continental breakfast each day, an hors d’oeuvre reception on June 24 and lunch with faculty each day. Our faculty this year includes three distinguished judges. Our expanded program will permit participants to obtain even more information than in past years. We are very pleased to offer continuing education credits this year.

For the first time ever, the conference is being held in Chicago! Don't miss out.
June 24–25, 2010
Chicago, IL

Rule 26 - Expert Witness Rule Change

2009-11-16T16:14:00.003-05:00

As you know, Rule 26 will likely be changing to expand the work product privilege regarding communication between attorneys and expert witnesses.

The new rule will provide:

Rule 26(b)(4)(B):
Trial-Preparation Protection for Draft Reports or Disclosures. Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which of the draft is recorded.

Rule 26(b)(4)(C):
Trial-Preparation Protection of Communications between a Party’s Attorney and Expert Witnesses.

Rules 26(b)(3)(A) and (B) protect communications between the party’s attorney and any witness required to provide a report under Rule 26(b)(2)(B), regardless of the form of the communications, except to the extent that the communications:

(i) Relate to compensation for the expert’s study or testimony;
(ii) Identify facts or data that the party’s attorney provided and that the expert considered in forming the opinions to be expressed; or
(iii) Identify assumptions that the party’s attorney provided and that the expert relied upon in forming the opinions to be expressed.

Please comment on your opinion of the proposed rule change.

Thank you,

Alex Babitsky, MBA
SEAK, Inc.
www.seakexperts.com

New Medical File Review Consultants Directory from SEAK, Inc.

2009-05-31T06:03:00.003-04:00

SEAK, Inc., has just launched a new Directory of Medical File Review Consultants.

File review consulting work is varied and includes: (Utilization reviews, peer reviews, underwriting reports, disability opinions, pre-authorizations, chart reviews, medical necessity reviews, etc.) can be done at home, does not require any patient contact or travel and almost never results in having to testify. It is also an ideal way to generate additional income.

To place your listing please click here.

Your profile will be published in our new Directory which will be sent to over 15,000 Independent Review Organizations, Health Insurers, Disability Insurers, Life Insurers, Casualty Insurers, Workers' Compensation Insurers, Self-Insureds, Life Insurance Settlement Organizations, Attorneys, Medical Management Companies, Utilization Review Companies, Third Party Administrators, State Medical Boards, Hospitals, and other key contacts that regularly hire contract physicians to perform medical file reviews (a.k.a. record, chart or peer reviews).

Your profile will also be listed on our new website www.FileReviewConsultants.com.

For additional information, please contact Alex Babitsky, MBA at (508) 457-5150 or Alex@seak.com

Daubert Challenges Routine in Class Actions

2009-04-25T05:11:00.000-04:00

A recent article in the National Law Journal "Opposing Class Certification With A One-Two Punch: A Daubert Motion Plus A Brief Opposing Certification May Work" ( April 20, 2009) makes several important points for expert witnesses to be aware of.

The authors, Hanselman and Diver, recommend that counsel opposing class certification routinely file a Daubert motion as a method to defeat class certification.

Experts who do get involved in class action litigation should expect and anticipate that their opinions will undergo a "rigorous analysis" and a "searching inquiry".

When a novel or complex theory is proposed by the expert a Daubert challenge is all but guaranteed.

Conclusion
Expert witnesses need to be aware of the level of scrutiny and the likely Daubert challenge they face when accepting assignments in class action litigation.

Expert Witness Marketing

2009-02-17T11:54:00.002-05:00

An excellent workshop on Expert Witness Marketing by SEAK, Inc.

This interactive program will teach you how to grow your expert witness practice. It is taught utilizing interactive lecture, case studies and question and answer sessions. Each attendee will leave with a concise, customized plan to grow their expert witness practice. Marketing and Growing Your Expert Witness Practice is appropriate for experts of all levels of experience. Each registration includes continental breakfast and lunch with faculty and a course book which is not available anywhere else.

Here are the highlights:

Understanding How Much Each New Client is Worth
Positioning Yourself to Best Grow Your Expert Witness Practice
The Special Dynamics of Marketing an Expert Witness Practice
Word of Mouth—How to Build an Impeccable Reputation
Networking
Speaking and Writing
Advertising, Web Sites, and Internet Marketing
Drafting Your Customized Individual Marketing Plan
Takeaways, Conclusions, and Evaluation

Click here for more information.

Expert Witness Fee Setting During a Recession

2009-01-13T14:54:00.003-05:00

In the past few weeks we have received numerous requests from our clients regarding whether they should reduce their fees due to the ongoing recession. We have researched this problem and the answer is no.

In response to these requests we have polled attorneys across the United States and found that there is no expectation of fee reductions from expert witnesses. While attorneys may try to control the engagement process a bit more, no attorneys are expecting expert witness fee reductions.

Here is a representative sampling of what trial attorneys have said in their own words in responding to our question, "What changes, if any, will you be making in 2009 in hiring expert witnesses?"

"No changes."

"No changes immediately come to mind. However, given the economy, I anticipate clients will want more detailed budgets for an expert's work, such that I may need to obtain detailed budgets from experts prior to their work in a matter."

"I'll be seeking a written estimate of all activities/projects that the expert or I believe will result in billing in excess of $2,000."

"Most critical analysis these days involves choosing the most qualified and knowledgeable expert, who has credibility with the governing body. Too often we see the retention of the same folks on each side which, in short, fails to fairly and effectively educate the parties and the courts."

"I'm not sure, frankly, but will say somewhat like the past, where I tried to hire the best academic and peer tested "resume" my client could reasonably afford, I am looking more and more to battle tested experts who are litigation savvy and who have actually been in trials before."

"I don't think I am making any changes in 2009 in hiring expert witnesses."

"No changes - However, I will continue to ensure that the expert I ultimately retain is deeply committed to the cause. An expert who gives a half-hearted but supportive position is as good as no expert at all. They usually cave on the stand."

Regards,

Alex Babitsky, MBA
SEAK, Inc.
http://www.seakexperts.com/index.aspx

SEAK, Inc. 2009 National Legal Fiction Writing Competition for Lawyers

2008-12-17T10:41:00.002-05:00

SEAK, Inc. is sponsoring the nation's 8th Annual Legal Fiction Writing COMPETITION for Lawyers.

The purpose of the competition is to encourage lawyers to become more interested in and adept at writing legal fiction.

FORMAT
A short story or novel excerpt in the legal fiction genre should be submitted. The submission should be typed and not exceed 2,500 words (This will be strictly enforced).

DEADLINE
March 31, 2009

JUDGING
The submissions will be judged on originality, quality of writing, and the potential of the author.

Here’s what a previous winner had to say:
“Winning the SEAK contest was the thrill of a lifetime.”
-Mark Diamond, Esq.

PRIZES
FIRST PRIZE: $1,000 cash
SECOND PRIZE: $1,000 SEAK Gift Certificate
THIRD PRIZE: $500 SEAK Gift Certificate

GUIDELINES
1. The competition is open to any licensed attorney in the United States and its territories.
2. The attorney’s name, address, phone number, and e-mail address should be contained in the submission.
3. Only entries received by SEAK, Inc. on or before March 31, 2009, will be considered.
4. Only one entry should be submitted by each attorney.

Click here for more information

SEAK, Inc.

How to Find IME Doctors

2008-10-02T15:37:00.003-04:00

We often get contacted by Insurance Companies, IME Companies, Claims Managers, Adjusters, Case Managers, Self-Insureds, Third Party Administrators, Attorneys, Legal Nurse Consultants, etc., looking for IME Doctors.

SEAK publishes the National Directory of Independent Medical Examiners, which is a great resource if you need to find IME doctors. You can search by Specialty and Location, and the network is free to search.

If you are an IME doctor who is looking to expand his/her IME practice or someone who may need to locate IME doctors, the directory is a nice resource for your bookshelf.

HOW TO BECOME A “GO-TO” EXPERT WITNESS - New Whitepaper by SEAK, Inc.

2008-09-24T13:28:00.003-04:00

SEAK’s new white paper, How to Become a "Go-To" Expert Witness, shows experts how to attract a large volume of interesting and more lucrative cases.

The white paper features:

The importance of selecting the correct niche

How to identify, evaluate, select and develop a lucrative niche

How to optimize your expert witness image

The eleven crucial areas that affect an expert’s image

The nine most effective way to attract new clients

The latest research on what attorneys are looking for in go-to expert witnesses

The ten areas to fine tune an expert’s practice to attract new clients

How to promote and grow your expert witness practice

Critical analysis of the six major marketing techniques to become a go-to expert including; cost effectiveness, likely results, reputation effect, credibility impact, tracking ability and how to implement.

Click here for additional information or to purchase

Top 5 Ways to Find Expert Witnesses

2008-08-22T11:39:00.003-04:00

Top 5 ways to find expert witnesses

1) Expert Witness Directories – Most expert witness directories are free to search. The experts pay to be listed in the Directory, and the Directory makes the experts’ information available to the public. Some Directories are online, some are printed, and some are available both online and in print.

2) Expert Witness Referral Agencies – Expert referral agencies typically charge the attorneys who are looking to hire the experts, usually by marking up the experts’ hourly fee. Most often, there are no fees for the experts to list themselves with the referral agencies. Nice resources if you are looking for a very obscure or hard to find expert witness.

3) Web searches – Google etc. – Most experts now have their own web pages. However, because experts should be cautious about the material they post on their websites, sometimes it is difficult for them to obtain high rankings on the search engines and therefore more difficult for attorneys to come across them.

4) University Professors – An underutilized resource to find professionals who you may use as an expert. Professors often have a well polished teaching style about them, which comes across well in court.

5) Word of Mouth - Referrals from colleagues. A great way to get the “real scoop” on how the expert prepared, preformed, etc. If a colleague had a poor experience with a particular expert, they are usually not afraid to let you know about it.

Attributes that Counsel is Looking for in an Expert Witness:

The Expert Must Be Qualified to Testify and Withstand a Daubert Hearing.
The Expert Must Possess Integrity and Credibility.
The Expert Must Be Reasonably Available.
The Expert Must Be Willing and Able to Properly Prepare.
The Expert Must Be Articulate.
The Expert Should Be Likeable and Personable.
The Expert Must Be Able to Think on Their Feet.
The Expert Should Want to Work With Attorneys.
The Expert Needs to Be Able to Roll With the Punches.

SEAK, Inc. National Directory of Experts

SEAK, Inc. Personal and Confidential One-on-One Expert Witness Consulting

2008-08-20T10:34:00.003-04:00

SEAK, Inc. Personal and Confidential One-on-One Expert Witness Consulting

As the leading authority on expert witness training, SEAK is pleased to announce that we are now available for Personal and Confidential One-on-One Expert Witness Consulting. This can be done via phone, email or in person.

We have trained thousands of experts and would like to assist you in bringing your expert witness practice to the next level. Customized Expert Witness Practice Building is designed to increase the size of your forensic practice and can include one or more of the following:

Creating a customized, professional marketing plan that will enhance your credibility and profitability,
Review of your current contracts with attorneys, past cases, reports and depositions (style and content),
Review of your C.V. and suggestions for any changes to make it more amenable to expert witness work,
How to find your best niche,
Determining your strengths and potential weaknesses for the development of your niche,
How to leverage past clients,
Precisely who to network with,
Analysis of the ways to reach the attorneys and other potential clients who may be interested in retaining you for expert witness work,
Developing a customized expert witness marketing plan,
How best to promote and build a successful expert witness practice,
Building your brand as the "Go To" expert in your niche.

For those wishing the most individualized expert witness training possible, SEAK offers One-on-One Expert Witness Training. This one-on-one training is customized to each client's needs, is completely confidential, and can include one or more of the following:

Review and critique of your deposition transcripts, trial transcripts or video depositions from a past case or cases,
Review and critique of your past reports,
Mock direct and cross-examinations, videotaped with critique,
Mock depositions, videotaped with critique,
Suggestions on finding the right lucrative niche,
Review and critique of your website,
Review and critique of your C.V.,
Customized suggestions on how to make you less vulnerable during cross examination,
Expert Witness crisis management.

Please contact Steve Babitsky, Esq. at (508) 548-9443 if you would like to explore SEAK customized One-on-One Expert Witness Consulting.

Expert Witness Cross Examination Questions

2008-08-08T09:43:00.001-04:00

Expert Witnesses need to be effective when questioned by opposing counsel during cross-examination. Anticipating the areas of likely inquiry and preparing accordingly will increase an expert’s effectiveness. The following outline describes some of the most important lines of inquiry opposing counsel may follow.

Click here to read.

Upcoming Expert Witness Training by SEAK, Inc.

2008-07-27T07:44:00.003-04:00

It is with great pleasure that we invite you to join your colleagues and SEAK, Inc. at SEAK’s most advanced program for expert witnesses: Advanced Testifying Skills for Expert Witnesses: The Master’s Program, to be held Friday-Saturday, November 14-15, 2008 in Naples, Florida.

Executive Summary
This Program:
• Is the most advanced course ever offered by SEAK on expert witnessing
• Is designed specifically for experienced expert witnesses
• Provides personalized written feedback to attendees on their pre-submitted CVs and sample expert reports (for those registering prior to October 1, 2008)
• Includes a free copy of SEAK’s National Guide to Expert Witness Fees and Billing Procedures (for those registering prior to September 30, 2008)
• Has a strictly limited class size
• Now offers continuing education credits

Here's what past attendees have to say!
“Enjoyed most the immediate feedback of Steve and Jim critiquing ‘testimony.’”
“I enjoyed and appreciated your great teaching techniques and excellent material presented. I got a lot out of it.”
“I’m amazed at how much you remember about each of us.”
“Great performances.”
“Great work!”
“Take no prisoners: I loved it.”

Click here for more information

Website Optimization Tips from Google

2008-07-01T07:22:00.003-04:00

You have a website and can't figure out why it's not showing up at the top of Google's search rankings. You go to Google.com for some guidance but get lost trying to find answers.
Certainly, achieving visibility in Google's search rankings can be a mystery.

To help solve the riddle, USA TODAY sat down with Google's Matt Cutts, an engineer and active blogger, who has five easy tips on how to "optimize" your site so Google and the rest of the world can find it.

Click here for the interview on YouTube.

Enjoy!

SEAK Expert Witness Seminar

2008-06-24T11:28:00.002-04:00

Thank all of you who attended our 17th Annual National Expert Witness Conference last week on Cape Cod.

We've received excellent feedback from the conference attendees and are looking forward to the 2009 program!

Save the date: June 25 & 26, 2009 Cape Cod, MA.

Alex Babitsky
SEAK, Inc.
www.seak.com

SEAK, Inc. Expert Witness Training for Physicians - 2008

2008-06-15T06:21:00.002-04:00

I am writing to make you aware of SEAK's upcoming small group format, CME accredited, expert witness training for physicians.

All will take place on Cape Cod at a beachfront property:

The Biggest Mistakes Medical Experts Make and How to Avoid Them taught by Judge Joseph Maltese on Wednesday, August 13, 2008.

How to Be an Effective Medical Witness taught by James J. Mangraviti, Jr., Esq. and U.S. District Judge David Lawson on Thursday and Friday, August 14-15, 2008.

Law School for Medical Experts taught by James J. Mangraviti, Jr., Esq. and Ken Kolpan, Esq. on Saturday and Sunday, August 16-17, 2008.

Each program is designed exclusively for physicians. Our small group format (expected attendance of 15-30 attendees per course) allows substantial faculty interaction and personalized feedback.

Each of these programs has been extremely highly rated by past attendees.

For more information or to register, please click on the applicable links above or call SEAK at 508-457-1111.

If you have any questions, comments or concerns, please do not hesitate to let me know.
I very much hope you can join us this summer.

Thank you.

Alex Babitsky, MBA
SEAK, Inc.
Alex@seak.com
www.seak.com

Forensic Companies Retooling

2008-05-14T13:48:00.001-04:00

Forensic companies across the United States are facing an increasingly severe problem, namely: the shortage of experts with experience in testifying at deposition and trial.

These companies include forensic: accounting, computer, engineering, and valuation, as well as many other forensic specialties. The forensic companies face pressures from several sources.

Click here for the entire article

Expert Witnesses, trouble getting paid

2008-05-01T07:01:00.002-04:00

Unfortunately, we hear from experts, all too often (probably on a monthly basis), about the difficulty they are having getting paid from attorneys after the case is completed/settled. I recently spoke with an expert's wife who indicated that her husband (the expert) is owed approximately $150,000 over the course of a few years, by attorneys who promised to pay, but never did. She didn't know what to do to try and collect all, or even part of the money that was owed to him.

I spoke with another expert who was looking for a collection agency, as he was owed by attorneys as well.

The bottom line is, that it is very difficult to get paid after the fact. We advise experts to get paid in advance, and you can eliminate this potential issue.

Do any of you have similar stories or advice for your colleagues who are having trouble getting paid?

Customized Expert Witness Training by SEAK, Inc.

2008-04-08T08:05:00.003-04:00

SEAK’s expert witness courses and content can be easily customized to your particular needs and brought to your office or organization at a time of your choosing. We have been running highly-acclaimed, interactive and customized expert witness training programs for many years and have trained over 20,000 experts nationwide. SEAK’s in-house training can be customized so you can address important issues that meet your specific training needs.

Some of our most popular customized expert witness training subjects include:
Testifying Skills For Expert Witnesses
Expert Witness Report Writing
Law School For Expert Witnesses
Persuasion / Presentation Skills For Experts

Benefits of On-Site Customized Expert Witness Training from SEAK, Inc.

Meeting your needs - We will develop highly custom training to enhance and improve your organizations expert witness skills. Customized material to fit your organization’s training needs.

Conducted by leading practitioners - Learn from recognized experts in the field, who are experienced and highly effective trainers. Our faculty are on the cutting-edge of training, possess a wide breadth of expertise and have trained over 20,000 experts nationwide.

Convenient - Located at your site and on your schedule, SEAK training provides the curriculum, materials and instructor. Choose the time and place that are most convenient for your group.

Comprehensive - Be better prepared to enter the courtroom. Your employees will enhance their expert witness skills in a wide range of areas such as: Testifying Skills, Report Writing, Law School, Negotiating Skills, etc.

Cost-effective - Reduced cost per person training, compared to individual off-site training events. Save training dollars on travel expenses and reduce time away from the office.

Dynamic - During the course, your employees will experience an interactive learning environment where their specific questions and concerns will be addressed.

How to bring SEAK's expert witness training to your organization.
If you would like to work with us in this regard, please call Steve Babitsky, Esq. at (508) 548-9443 or via e-mail at stevenbabitsky@seak.com or visit www.seak.com

New Text from SEAK - The Biggest Mistakes Expert Witnesses Make and How to Avoid Them

2008-03-20T14:28:00.003-04:00

MOST OF THE MISTAKES EXPERT WITNESSES MAKE ARE 100% AVOIDABLE.

Successful expert witnesses go to great lengths to avoid making mistakes. SEAK’s new text helps experts to quickly and simply avoid the frustration, embarrassment and humiliation of making mistakes.

The reader is provided with over 200 of the most common mistakes expert witnesses make over and over again. Learn from the mistakes of other experts and avoid making the same mistakes yourself.

The text is divided into ten separate and distinct chapters, each dealing with a major area of expert witnessing.

Experts can quickly go to the chapter, identify the mistakes, and apply the bottom-line solutions. A 15-minute review can make all the difference.

Click here to purchase SEAK's new text for expert witnesses

Prosecutors say ex-expert witness will plead guilty to perjury

2008-03-01T05:27:00.002-05:00

From The Associated Press

LOS ANGELES—John B. Torkelsen, who made tens of millions of dollars as an expert witness in hundreds of business lawsuits, agreed to plead guilty to a perjury charge for lying about how he was paid in a securities class-action case, prosecutors said.

Torkelsen entered the plea agreement Thursday in a federal court in Philadelphia and could face up to five years in prison. The case was filed by prosecutors in Los Angeles. Torkelsen, 62, of Princeton, N.J., agreed to plead guilty to submitting a false declaration in a case filed in 1999 in a federal court in San Jose, prosecutors said.

A message left Friday for Bryan Daly, Torkelsen's attorney, was not immediately returned.
Among other things, the case against him involves an alleged illegal contingency deal with a New York law firm.

A statement released by prosecutors did not name the firm but it was identified as Milberg, Weiss by the Los Angeles Daily Journal, which cited unnamed attorneys familiar with the matter.

Milberg, Weiss and some of its partners have been accused of drumming up lucrative business by paying $11.3 million in kickbacks to people who became plaintiffs in lawsuits targeting major companies such as AT&T and Microsoft. Seven people have pleaded guilty in that case.

Torkelsen appeared as an expert witness for plaintiffs in hundreds of class-action and shareholder lawsuits. He submitted more than $60 million in bills between 1993 and 1996,
prosecutors said.

But in a court appearance last November, the man who once arrived at court in a chauffeured limousine said he was out of money. According to the plea agreement, Torkelsen unlawfully reached fee-shifting deals with several law firms that allowed them to avoid $7 million in fees.

Law firms that hired Torkelsen told the various courts that he was an independent expert and by law could not be paid based on the result of a case, prosecutors said.

But law firms secretly paid Torkelsen on a contingency basis and he concealed the arrangement from the courts, prosecutors said.

Normally, a law firm will pay an expert witness even if it loses a case, but Torkelsen was accused of submitting inflated bills only in successful cases, meaning the defendants paid him.

Torkelsen already is serving a five-year federal sentence in West Virginia in an unrelated case for defrauding the U.S. Small Business Administration.

Expert witness charging $1,000 per hour

2008-02-29T06:24:00.002-05:00

An expert witness charging $1,000 per hour was the star attraction last week at the malpractice trial of law firm Thompson Coburn.

Over the previous three weeks, Madison County Circuit Judge Daniel Stack had been lucky to have a single spectator in his courtroom to witness the legal malpractice case against Thompson Coburn.That changed dramatically February 27, as Stack's third floor courtroom was jammed with legal professionals from every field: trial attorneys, probate lawyers, prosecutors, public defenders and even judges came by to witness the day's proceedings.

The expert witness, attorney Tom Keefe, took the stand to explain to jurors why, in his opinion, Thompson Coburn committed malpractice while representing Magna Bank. He said he agreed to appear to "make amends for the two-week brain fart" he had when he represented fellow lawyer Stephen Tillery in a case years ago and is donating his appearance fee to charity.

The trial originally began on Feb. 4 and was slated to last four to six weeks. But lengthy examinations by Rex Carr and the constant objections and fierce bickering are slowing progress in one of the most dramatic and complicated civil trials ever held in Madison County.

From the Madison County Record

Expert Witness Depositions on YouTube

2008-02-21T14:53:00.002-05:00

Let's just say, these are two very interesting videos of expert witness depositions, enjoy:

http://youtube.com/watch?v=RjtnRmy0H-U

http://youtube.com/watch?v=td-KKmcYtrM&feature=related

Expert Witness Cross Examination Questions: Article by SEAK, Inc.

2008-02-01T07:27:00.000-05:00

Expert Witnesses need to be effective when questioned by opposing counsel during cross-examination. Anticipating the areas of likely inquiry and preparing accordingly will increase an expert’s effectiveness.

Click here for the full Expert Witness Cross Examination Questions Article, which describes some of the most important lines of inquiry opposing counsel may follow.

SEAK, Inc. Expert Witness Retention Contract - NEW

2008-01-30T14:30:00.000-05:00

We at SEAK are very excited about our newest product for experts.

The SEAK Expert Witness Retention Contract has been favorably peer reviewed by plaintiff and defense counsel, judges, and expert witnesses.

Here’s what your colleagues have to say about SEAK’s new retention contract:

“A detail-rich, contingency anticipating masterpiece.”

“Comprehensive. Well worth the $100.”

“Tightens up the loose ends in our [current] agreement.”

“Great [protection] if things go wrong”

“Highly worth the $100.”

“It covers every major point of interest that could come up”

“Your contract will be VERY appreciated by all in this field”

“An absolutely brilliant document.”

SEAK’s expert witness retention agreement is available on CD-ROM. Both WORD and PDF versions are included. Explanatory notes are also included.

Click here to order

Pathologist Expert Witness Admits to Being Self-Taught

2008-01-29T07:29:00.000-05:00

Pathologist Admits to Being Self-Taught

TORONTO (AP) — A pathologist whose expert witness testimony against people accused of killing children led to at least seven wrongful convictions said Monday that he taught himself pediatric forensics and was ignorant of the criminal justice system.

Dr. Charles Smith has a medical degree but admitted that he was self-taught in pediatric pathology, the field in which he was once considered a leader in Canada. Smith testified at an inquiry that his lack of formal training contributed to mistakes over two decades of performing autopsies in cases of suspicious child deaths.

Those mistakes included conclusions that several children were homicide victims when later investigations determined they had died of other causes.
"(My training) was self-taught, it was minimal, and retrospectively I realize it was woefully inadequate," he said.

Smith also testified that he was "profoundly ignorant" of the criminal justice system in which he worked and of the role played by expert witnesses, despite providing expert testimony in numerous criminal cases.

Ontario's provincial government ordered the probe after an investigation of 45 child deaths involving autopsies or expert testimony from Smith found the pathologist made questionable findings in 20 cases dating back to 1991. Of those, 12 led to convictions, and at least seven have since been thrown out by courts.

As his lawyer took him case-by-case through his questionable conclusions, Smith admitted errors but also defended those findings as being consistent with medical knowledge at the time.
He said that the review has led him to "appreciate mistakes that I made and I am sorry for them. I do recognize that at times, my conduct was not professional, and I deeply regret that."

"I did give an opinion and I testified in the court and therefore I believe I contributed to a miscarriage of justice," Smith said. "I'm sorry and I do apologize."

Smith's testimony is expected to last the week.

New Workshop from SEAK, Inc. - How to Become the Go To Expert Witness in Your Field

2008-01-17T13:51:00.000-05:00

How to Become the Go To Expert Witness in Your Field
June 17, 2008
Cape Cod, MA

Executive Summary
The “go to” expert witnesses are the ones that attorneys seek out. Attorneys will bring in these experts from out of state and pay a premium for known expertise, quality and attention to detail. Attorneys working on significant cases feel the need to contact the few “go to” experts in the field.

This advanced preconference is taught by analyzing where attendees are at in their expert witness careers. The results of research from “go to” experts and attorneys who use them will be shared and incorporated into the preconference. The preconference will be fast paced and will enable attendees to make critical decisions about what they need to do to become the “go to” expert witness in their field. There will be ample time for questions and answers, and problem solving. Only those experts who want to become a “go to” expert are encouraged to attend.

Click here for more information

SEAK Expert Witness Deposition Preparation Checklist

2008-01-15T06:54:00.000-05:00

An excellent deposition outline/checklist for expert witnesses.
SEAK, Inc. Expert Witness Deposition Preparation Checklist

Also make sure to check out SEAK's new Deposition text:
Depositions: The Comprehensive Guide for Expert Witnesses

Getting Started as an Expert Witness - Interview with Steven Babitsky, Esq. - Part 4

2008-01-06T14:13:00.000-05:00

Talk a little bit about the process of cross-examination. What techniques can expert witnesses use to survive it?
I think the most important thing is that they have to know their field. They shouldn’t underestimate the power of the attorneys and their expertise, nor should they underestimate them in finding out information. So the expert has to be honest and truthful. If they are honest and truthful, they’re much less vulnerable to cross examination. In addition, they have to stay within their true area of expertise, and not get involved in tangential issues which will drag them, make them much more vulnerable to cross examination. Doing a high quality job, following a protocol, following a procedure, doing high-quality work, writing good reports, proofreading them, being prepared by retaining counsel, all are ways of surviving and thriving during cross examination. And the other thing is that you have to be a kind of a person that can “rock-and-roll” with adversity. If you’re the kind of person that if somebody asks you a difficult question you have an anxiety attack, this is not the line of work for you because there’ll be a lot of questions asked, and that’s part of the litigation process. It’s an adversarial proceeding in which lawyers will ask hard and difficult questions to help win their case. And the people that do the best are the most qualified and aren’t intimidated easily by difficult questions and answer them as best they can and move on.

What are the biggest mistakes you see people make when getting started as an expert witness?
Usually they don’t get involved in any training. They don’t read any books, they usually have a very poor idea of what they should be doing, and then they make some basic mistakes. For example, doing shoddy work and getting involved in cases they shouldn’t be getting involved in. Most of the times the new experts don’t get retainer agreements, they don’t get paid up front, they don’t get paid at all, they charge too little, they do things that they wouldn’t be proud of later on. And unfortunately a lot of these mistakes become part of their permanent record, so that even though they learn from their mistakes, it’s now difficult to “un-ring the bell.” So my recommendation to these people is that before they run off and start becoming an expert, that they get some training, read some books, learn from people about what they need to do before they open up shop. It would be the equivalent of a person who’s an engineer starting up an engineering practice before he got any training. Or an orthopedic surgeon without any training. You wouldn’t do too well. Well, it’s the same thing with being an expert witness. Getting the training, getting the experience, learning something about your field, reading, researching what you’re going to be doing, learning the forms, and so on and so forth can be very invaluable. Getting a couple of books may cost a few hundred dollars, but can save you thousands and thousands of dollars, and can help build a long and successful career.

Any other advice for someone considering getting starting as an expert witness?
I think that people should think about if they’re suited to this kind of work, if they enjoy confrontation, and if they’re not afraid of confrontation. I think the experts need to be intellectually curious. If you’re the kind of person that’s intellectually curious, you like to solve problems, you like to look at complex situations and try to simplify them, you like to come up with solutions, you are articulate, you enjoy working in a fast-paced environment, then I think you might enjoy being an expert witness.

Getting Started as an Expert Witness - Interview with Steven Babitsky, Esq. - Part 3

2008-01-02T09:26:00.000-05:00

As an expert witness, could blemishes on your professional record such as disciplinary actions be raised by opposing counsel to discredit your testimony?
Yes. It’s just like your mother said when you were going to school and you were getting in trouble, and she said, “It’s all going to become part of your permanent record.” Well, it’s the same thing here. Any part of your permanent record is fair game for bringing up. So if you had discipline problems, if you were charged with a crime and convicted of a crime, I mean a serious crime, I’m not talking about a speeding ticket. If you were involved in moral turpitude, if you were involved in loss of a license, if you were involved in any fraudulent dealings or anything like that, the attorneys will locate it fairly easily now, and they can bring it up to cross examine you and try to discredit you.

Do you see that happen fairly often?
Yes. The attorneys are very adept at finding information about experts. Most of the experts are used to that, but if an expert, for example, has all kinds of problems, they won’t be an expert very long. They’ll be “knocked out of the box” and they’ll be disqualified, and once you’re disqualified as an expert in one case, there could be some carryover into the next case.

Is it important to be able to explain things not only in technical jargon, but in layman’s terms that a jury can understand?
Yes, in a jury trial the judge is not the one that makes the ultimate decision, it’s the jury. It’s twelve men and women, lay people, who usually are not lawyers, who are usually not experts. Now some juries are pretty savvy and intelligent, and just because a juror doesn’t have a high education doesn’t mean they’re not smart. The lawyers talk about the collective wisdom of the jury. Each person may bring their own experiences, but when you put twelve people together they’re pretty smart, and the expert has to distill the information that he spent ten or twenty years learning into a half an hour or an hour, and be able to explain it in a fashion that can be understood. If it can’t be understood by the jury, then the jury will get upset, they’ll think the expert is talking down to them or making fun of them, or just discredit him because he’s not articulate enough to explain it. So you have to be able to explain what the jury needs to know in a fashion that they can understand.

Do most expert witnesses prefer to work in their own local area, or expand their business by traveling throughout the country?
It would depend on the kind of expert you are. Some experts travel. Some experts confine themselves to a county. Some experts confine themselves to a region, some to a state, some to the Northeast, and some experts travel nationally. By and large I would say most experts confine themselves to their state, and maybe some surrounding or contiguous states. So they might, if they’re in Massachusetts for example, go to Rhode Island, Connecticut, New Hampshire, Vermont, or something in the New England area. If you’re a high-powered expert and you have expertise which is hard to get, some lawyers may bring you in across country at substantial expense because they want your kind of expertise.

Is there a lot of competition to be an expert witness in most fields?
It would depend on the field. Some fields have a tremendous amount of competition, for example with medical witnesses there’s a lot of competition. But that doesn’t mean that you still can’t do well, because there’s a lot of need for expertise. The question is not really how much competition there is. The question is how many experts are there for how much business. So if taking an example of, let’s say, a neurosurgeon, there may be 10,000 neurosurgeons, maybe 1,000 or 500 of them who testify, and if there’s thousands of cases there is plenty of business to go around. On the other hand there may only be 200 arborists, or tree experts, but there may only be 1,000 cases to go around, so it depends on the number of cases and the number of people that are trying to get that work.

Are there people who are full-time expert witnesses, or is this something that’s typically done part-time along with your primary career?
Most people start out part-time. They’re an engineer, they do their engineering work, they build bridges and so forth, and in their off hours or during certain parts of the day or parts of the week, they do some expert witness consulting and testimony. As experts generally get older, after they hit fifty or sixty, a lot of them tend to retire from their normal, regular professions, and then some of them go into expert witnessing full-time. So they may have been a civil engineer for thirty years, and now they’re 65 years old, they retire from being a civil engineer and going into the office every day, but they’re more or less a full-time expert.

Getting Started as an Expert Witness - Interview with Steven Babitsky, Esq. - Part 2

2007-12-31T15:44:00.000-05:00

What skills, qualifications, or attributes make you attractive to an attorney seeking an expert witness?
Well, first and foremost is your education and training. Do you have skills? Are you qualified in a particular area? What is the level of your expertise? And, in addition to that, you have to be able to articulate your opinions, you have to be able to speak well and go to court when necessary. You have to be able to write well in terms of writing up a report. You need to be able to analyze information, just like they do on CSI or other kinds of forensic shows on television. You need to be able to look through a whole bunch of information and see what is legitimate and what isn’t, and formulate an opinion and be prepared to express your opinion in writing – and in court, if necessary.

What are some ways to market your services as an expert witness?
Most expert witnesses start by developing a Web page, and developing a niche. A niche being a small area of expertise that is very, very narrow, in which they can dominate a certain market. After they have a web presence, then a lot of experts utilize expert witness directories. SEAK has one and there are three of four other excellent expert witness directories. And by contacting attorneys, insurance companies and so forth who would generally hire experts to testify for them.

Is it important to compile a comprehensive list of references and recommendations?
I don’t think so, actually. I think it’s much more important to be qualified, to understand the necessary items to do a good and thorough job, to have a very good resume or curriculum vitae, or CV as they’re called in the industry, and to be able to speak in an articulate fashion with the attorney when he or she calls you about your particular area of expertise. The attorney will usually call the expert to talk to the expert to see if they can “rock and roll,” at least on the telephone, to see if they understand the issues. While having references certainly can’t hurt, the attorney probably will make that decision by talking to you and/or if it’s a significant case, meeting with you in person.

What kind of hourly rates do expert witnesses typically charge?
Expert witnesses can charge a significant amount of money depending on the area of expertise. They can go from a civil engineer or let’s say an arborist, a tree expert, might charge $100-150 an hour. High powered medical experts, economists and other people charge $400-500 dollars an hour, and I’ve seen at least a few people who charge $1,000 an hour. And that’s because they have a national reputation, and are in tremendous demand, and also because they’re involved in high-stakes litigation. So if you’re a lawyer and you’re litigating a case which involves, let’s just take $100 million, it’s not that important how much the expert charges, because you need to win the case. So they don’t care if the expert charges $10,000 or $50,000. If, on the other hand you’re involved in damage to a tree and the whole case is worth $5,000, then the expert can’t charge that much.

Should a new expert witness charge lower fees to compete for business?
No, actually. It’s counterintuitive. Most experts figure that they will charge a small amount because that’s the way normally it is done in business to compete with other businesses, so if Apple charges $1.99 or whatever they charge to download a song, then Wal-Mart will go in there and charge $1.79. This is not that kind of a business. This is a kind of a business that’s built on reputation, integrity, credibility and expertise. And actually the experts that charge too little are looked down upon. The example that I give is if, God forbid, you or a member of your family needed open heart surgery would you go to try to locate the cheapest open heart surgeon you could find? Would you go to an open heart surgeon that advertised on the side of buses that says, “I do open heart surgery for $1,200?” The answer would be no, because you wouldn’t trust them and you’d be afraid to use them. It’s the same thing for experts. The experts that charge too little will probably not be hired because the attorneys know that they don’t know what they’re doing.

In addition to hourly fees, is it customary for your out-of-pocket expenses to be reimbursed, such as food and lodging and travel?
Yes, most experts are reimbursed. Most experts should have some kind of a retainer or written contract with the attorney, and it should provide in there that if you have any out-of-pocket expenses, the attorney should reimburse you. Whether that be for FedExing, copying, overnight things, travel, telephone calls and lodging or whatever. As long as the attorneys know that they’re going to be charged for it and as long as the experts don’t abuse it. If people ask for a $500 dinner, they’re not going to be overly happy. If you go to get a sub and you charge them $10 or $12 for dinner or $15 if you go to a chain restaurant, they’re not going to complain about that.

Getting Started as an Expert Witness - Interview with Steven Babitsky, Esq. - Part 1

2007-12-27T13:02:00.000-05:00

Getting Started as an Expert Witness, Interview with Steven Babitsky, Esq. - Part 1
Steven Babitsky, Esq., President of SEAK, Inc. shares tips about becoming an expert witness and advice on how to start an expert witness business. He covers expert witness marketing, qualifications, income potential, and more.

Tell us a little bit about your background.
Well, I was a personal injury lawyer for 20 years, and I enjoyed doing that. And after retiring from being a personal injury lawyer, I started SEAK, which stands for Steven, Ellen (my late wife), Alex (my son who works in the business) and Karen (who works in the business). We do conferences and seminars and publish books, a lot of which have to do with expert witness testimony. We do 30-50 conferences a year, as well.

How are expert witnesses used by attorneys?
Attorneys retain expert witnesses to evaluate claims, to see if they have a valid claim, to write a report, which would be used to settle or adjust cases, to form an opinion in a case, to see if their claim is a viable claim, and to testify at deposition, and/or in court to express their opinions when cases are tried or litigated.

What qualifies someone to be an expert witness?
The law says that you can be qualified by various methods. Most people think that, for example, you have to be a doctor, or an accountant or something like that. But the law says that you can be qualified if you have the education, training, or experience. And it’s in the alternative, so that any one of the three is sufficient. So you can be a doctor and be qualified to testify about medical issues, you can be an accountant and testify about financial issues, you also could be a car mechanic to talk about mechanical auto issues. Even though the car mechanic doesn’t have further education, his experience would qualify him to be an expert. And there are hundreds of different fields of expertise which people could be an expert in.

So you could be in a trade such as carpentry, or be a nurse, or real estate agent, and conceivably start an expert witness service?
Yes, I mean it will depend. The amount of business you would get would depend on your qualifications and the amount of litigation in a certain area that would require your testimony. So, for example, a doctor – an orthopedic surgeon – would get a lot of business because a lot of people who go to orthopedic surgeons eventually file lawsuits for car accidents and stuff of that nature. If you’re an aviation person and there is an aviation issue or an air crash or something, you could go into that. There are dozens and dozens or hundreds of different areas of expertise, maybe more than that. You could be in law enforcement, you could be a mechanical engineer, you could be a civil engineer, you could be a nurse, you could be a CPA, you could be a construction person, you could be any one of hundreds and hundreds of different areas of expertise. And some will generate more business than others because there’s more litigation. Generally speaking the more litigation, the more there is a need for expert testimony.

Expert Witness admits lying on resume

2007-12-17T09:15:00.000-05:00

One of the prosecution's key witnesses in the trial of three people charged with conspiring to defraud Owsley Brown Frazier and his International History Museum was forced to admit yesterday that he had fabricated part of his resume.

Appraiser C.W. Slagle, presented by the government as an expert witness, acknowledged that he had falsely described himself as a graduate in civil engineering from the University of Illinois.
In response to questioning, Slagle claimed he attended the university though he didn't finish -- but an attorney for one of the defendants showed the jury letters from the university saying there was no record that he'd ever enrolled.

The government claims that Slagle's appraisals show that defendant Michael Salisbury overpriced weapons he acquired for Frazier and that another defendant, antique weapon expert R.L. Wilson, inflated their value when he and Salisbury appraised them.

But Wilson's lawyer, Laura Wyrosdick, a federal public defender, attacked Slagle's credibility by showing he had violated standards requiring appraisers to be truthful and honest by lying on his resume and by failing to fully research the history of weapons that he valued.

National Legal Fiction Writing Competition for Lawyers - SEAK, Inc.

2007-12-05T07:06:00.000-05:00

SEAK, Inc. is proud to be sponsoring the 7th Annual National Legal Fiction Writing Competition for Lawyers. The purpose of the competition is to encourage lawyers to become more interested in and skillful at writing legal fiction.

Click here for additional information and the competition rules for SEAK’s 2008 Competition.

This competition is in its 7th year, is very popular with attorneys and features a $1,000 cash prize for the winner.

There is no fee to enter in this competition.

P.S. Our Advanced Fiction Writing with Personal Attention workshop is being held April 5-6, 2008 (Saturday-Sunday), in Chicago. This workshop is limited to 36 attendees. This is an advanced writing program conducted in an intimate group setting. It is designed to give you the personalized attention and knowledge needed to help you break through and get published.

SEAK, Inc. 2008 National Expert Witness Conference

2007-11-29T14:30:00.000-05:00

SEAK, Inc. is pleased to present its 17th Annual 2008 National Expert Witness Conference, June 19-20, 2008 on Cape Cod, MA.

Each year we have 300+ expert witnesses of all disciplines who attend the conference.

Expert witnesses from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include lectures, trial demonstrations, lively question and answer periods, and intensive breakout sessions led by a highly qualified faculty.

Conference registrants will have an opportunity to improve their skills while networking and meeting other professionals in a stimulating and collegial atmosphere. We are proud to present eight preconferences this year including two new preconferences. We are also pleased to provide continental breakfast each day, an hors d’oeuvre reception on June 19 and lunch with faculty each day. Our faculty this year includes four distinguished judges. Our expanded program will permit participants to obtain even more information than in past years. We are very pleased to offer continuing education credits this year.

Click here for additional conference information and to register online.

In addition to the main conference we are also offering 8 preconference workshops:
On June 17th, 2008
Expert Report Writing Workshop
Law School for Expert Witnesses - NEW
How to Become the Go To Expert Witness in Your Field - NEW

On June 18th, 2008
How to Become a Dangerous Expert Witness
How To Start and Build A Successful Expert Witness Practice
Advanced Deposition Skills Workshop
Testifying Skills Workshop
The Biggest Mistakes Experts Make: And How to Avoid Them

I hope you can join us this year! This is the finest expert witness training available.

Will flawed forensic FBI test lead to hundreds of new trials?

2007-11-20T07:39:00.000-05:00

For years, the FBI used a technique called comparative bullet-lead analysis to match bullets found at crime scenes to ammo found in a suspect's gun or cartridge box. Only the bureau stopped using the method in 2005 because they were worried it wasn't accurate enough.
Which means hundreds of cases could be opened up for reconsideration, the Washington Post and 60 Minutes report.

The National Academy of Sciences has come out and stated that this technique was deemed “unreliable and potentially misleading” in 2004. The FBI though has not yet made this known to defendants whom were affected by its faulty behavior.

The courts have also not yet been notified of the defective test. The FBI stopped using the technique back in 2005 but after they stopped using it the big problem lies in the fact that they have yet to go back and try to find out where errors were made.

Judge Recht wrong to exclude neurosurgeon expert witness, Justices say

2007-11-16T07:33:00.000-05:00

CHARLESTON - Ohio Circuit Judge Arthur Recht improperly excluded neurosurgeon Peter Sheptak as an expert witness in a trial over a car crash, the West Virginia Supreme Court of Appeals has decided.

Recht had ruled that because he could not separate Sheptak's testimony on the cause of the plaintiff's injuries from testimony on his diagnosis of the injuries, he wouldn't allow Sheptak to testify at all. In a Nov. 8 opinion, all five Justices agreed that Recht faced a difficult task in drawing a line between causation and diagnosis, but they ordered him to draw it anyway.

The Justices hold high regard for Recht, a former Supreme Court Justice himself. In this case they reversed him but still showed faith in his judgment. Their decision clears the way for Sheptak to testify for Lambert Jones II, whose Ford Probe rear ended a Lincoln driven by George Naum in 2003. Naum sued Jones, claiming the collision caused a concussion, headaches, dizziness, confusion and memory problems.Jones answered that other accidents or unrelated medical conditions caused those conditions.

Jones hired Sheptak, who had testified as an expert in many cases. Sheptak wrote a letter last year stating that, "... this was an extremely low level impact with no significant discernible damage to either vehicle." "I find it highly unlikely that the patient suffered a concussion during the impact," he wrote. "I also feel it highly unlikely that he struck his head on the roof as he reported to several physicians."This March 29, eight days before a scheduled pretrial hearing, Sheptak repeated his conclusions in a deposition. A day before the hearing Naum's attorney, Jonathan Turak of Moundsville, moved to exclude Sheptak's testimony.

Turak argued that Sheptak could not testify about any change in velocity that Naum experienced because Sheptak was not a biomechanical expert. At the hearing, Recht initially said Sheptak "is not getting knocked out completely."Recht changed his mind while trying to limit Sheptak's testimony to medical conclusions without incorporating his opinions regarding the force of the collision."It's all part of a fabric of his opinions, which include the biomechanical part of the equation, and he's not qualified to do that," Recht said. Recht granted the motion to exclude, finding that neurological issues were "inextricably entwined with biomechanical aspects of which he is not qualified.""It is not possible to demarcate that part of his testimony from the neurosurgery," he said.

For Jones, Thomas Buck and April Wheeler of Wheeling petitioned the Supreme Court of Appeals for a writ of prohibition to block enforcement of the exclusion order. The Justices granted the writ in an unsigned opinion.

They agreed that Recht "was absolutely correct to exclude testimony regarding his opinion of the biomechanical components of the underlying civil action.""However, as difficult as it might be to distinguish between Dr. Sheptak's biomechanical opinions and his neurosurgery opinions, such demarcation must be accomplished," they wrote. "Some modified use of the evidence must be achieved to permit the admissible portions of the testimony to be presented to the jury."Dr. Sheptak's testimony must be strictly restricted to medical testimony.

Issues regarding the force of impact must be redirected to experts qualified in accident reconstruction or biomechanics."Dropping a hint to the defense, they wrote, "... some of the difficulties may be addressed by the use of hypothetical questions grounded on evidence admissible from other witnesses possessed of the necessary expertise that Dr. Sheptak clearly lacked."

Expert witness sues ophthalmology society

2007-10-16T08:00:00.000-04:00

The case highlights the debate on whether medical associations have a role in policing physicians' courtroom testimony.

When Golden Valley, Minn., ophthalmologist Charles Yancey, MD, got a fax notifying him that the American Academy of Ophthalmology was going to review his expert testimony in a medical liability trial, the physician was shocked, his attorney said.

It was the first time Dr. Yancey had served as a medical expert witness, and "he felt an ethical obligation to step forward and do this," his lawyer, Michael A. Zimmer, said. But the fact that Dr. Yancey received the faxed letter the day before his deposition in a subsequent trial on damages in the case, "was clear evidence that this complaint was filed ... to try to get him to alter his testimony," said Zimmer, who practices in Minneapolis.

Now, Dr. Yancey is suing the Academy and the two doctors who filed a complaint against him for allegedly giving inaccurate testimony. Dr. Yancey claims all three conspired to defame and intimidate him so he wouldn't testify in other cases, according to the lawsuit filed in July.
But AAO General Counsel Katherine Salazar-Poss said the case is an effort to undermine the very process that members of the Academy agree to when they join, which is to ensure that doctors adhere to the same ethical standards in the courtroom as they would in the exam room.

"Our [expert testimony] rule recognizes that doctors, in all the various tasks they are called on to perform, often find themselves in the position of testifying in the courtroom," Salazar-Poss said. "All it says is that should be done in an objective manner." She denied the allegations in the lawsuit and said the Academy's review program treats such grievances among its members confidentially and impartially. The AAO investigation against Dr. Yancey is ongoing.

The AAO is one of a number of professional medical societies that have processes allowing members to report questionable expert witness testimony to a review committee. The Florida Medical Assn., American Assn. of Neurological Surgeons and the American College of Obstetricians and Gynecologists are among those that have similar programs. American Medical Association policy states that medical expert testimony is akin to the practice of medicine and should be peer reviewed.

Expert Witness to Pay Eli Lilly $100,000 for Leaking Documents

2007-09-11T06:49:00.000-04:00

Expert Witness to Pay Eli Lilly $100,000 for Leaking Documents

A former plaintiffs’ expert witness in the product liability lawsuits over Eli Lilly’s schizophrenia and bipolar disorder drug Zyprexa has agreed to pay the company $100,000 for leaking documents in the case that ended up forming the basis for a series of articles in The New York Times.

Depositions: The Comprehensive Guide for Expert Witnesses

2007-09-06T06:48:00.000-04:00

New expert witness text by SEAK, Inc.

The overwhelming majority of all testimony given by expert witnesses is given in depositions. Depositions: The Comprehensive Guide for Expert Witnesses shows expert witnesses how to excel during their depositions.

You will learn:

The questions you should expect to be asked,
How to truthfully and artfully answer counsel’s questions,
How to defeat opposing counsel’s tactics,
Special techniques for excelling during videotaped depositions,
The law governing depositions and how to avoid abuse,
How to properly prepare for your deposition,
How to set and collect your fee,
Techniques for answering trick and difficult questions, and
Much, much more.

Hardcover
448 pages

Order your copy today.

A handy Google feature

2007-08-04T06:42:00.000-04:00

Hello all,

One great feature on the search engine Google, which you may find of of great use (I know I do) is Google Alert. The other nice thing about it, is that it's free.

Google Alerts are email updates of the latest relevant Google results (web, news, blogs, bulliten boards, etc.) based on your choice of query or topic.

Some handy uses of Google Alerts include:
> Keeping current on an industry (or competitor)
> Monitoring a developing news story

So you can have relevant news articles, website postings, blog postings, etc. all emailed to you.

I'd certainly recommend that you set up an alert for your OWN NAME. This way if your name is published online, at least you'll know about it!

To keep current on an industry, if you are an OB/GYN expert, you may setup Google Alerts to email you whenever the following terms are published on the web: "Laparoscopy, ectopic pregnancy, hysteroscopy, hysterectomy, hormone therapy, pregnancy".

Or if you're an Engineering expert, you may choose the terms "bridges, towers, building envelope failures."

This is an excellent way to assist you in keeping up to date, on the latest and greatest.

Alex Babitsky, MBA
SEAK, Inc.
Alex@seak.com
www.seakexperts.com/index.aspx

SEAK, Inc. - Advanced Testifying Skills for Expert Witnesses, The Master's Program

2007-07-14T11:32:00.000-04:00

SEAK's Advanced Testifying Skills for Expert Witnesses, The Master's Program is being held November 9, 2007 - November 10, 2007 in Naples, FL.

This Program:
• Is the most advanced course ever offered by SEAK on expert witnessing
• Is designed specifically for experienced expert witnesses
• Provides personalized written feedback to attendees on their pre-submitted CVs and sample expert reports (for those registering prior to October 1, 2007)
• Includes a free copy of SEAK’s National Guide to Expert Witness Fees and Billing Procedures (for those registering prior to September 30, 2007)
• Has a strictly limited class size
• Now offers continuing education credits

This course is one of SEAK's most highly rated courses.

Course Schedule:

Friday November 9, 2007

PART I: PREVENTION
7:15 – 7:45 REGISTRATION AND CONTINENTAL BREAKFAST
7:45 – 9:45 PROTECTING YOURSELF FROM ATTACKS ON YOUR CREDIBILITY AND CREDENTIALS
9:45 –10:00 BREAK AND NETWORKING OPPORTUNITY
10:00 –11:45 FORMING AIRTIGHT OPINIONS
11:45 – 12:30 LUNCH WITH FACULTY (Provided)

PART II: PREPARATION
12:30 – 2:00 PROPERLY PREPARING TO TESTIFY AT DEPOSITION AND TRIAL
2:00 – 2:15 BREAK AND NETWORKING OPPORTUNITY

PART III: PERFORMANCE
2:15 – 4:15 DEFEATING OPPOSING COUNSEL’S DEPOSITION TACTICS

Saturday November 10, 2007

PART III: PERFORMANCE (CONTINUED)
6:30 –7:00 CONTINENTAL BREAKFAST
7:00 – 8:30 MASTERING THE ART OF PERSUASION DURING DIRECT TESTIMONY
8:30 –8:45 BREAK AND NETWORKING OPPORTUNITY
8:45 –10:30 STAYING ONE STEP AHEAD OF OPPOSING COUNSEL DURING CROSS-EXAMINATION
10:30 –10:45 BREAK AND NETWORKING OPPORTUNITY
10:45 – 12:00 GOING ON OFFENSE DURING CROSS-EXAMINATION
12:00 –12:45 LUNCH WITH FACULTY (Provided)

PART IV: PRACTICE
12:45 – 2:30 ADVANCED TESTIFYING SKILLS IN ACTION: SKILLFULLY ANSWERING CROSS-EXAMINATION QUESTIONS
2:30 – 3:00 TAKEAWAYS, CONCLUSION & EVALUATION

Click here to register

ALex Babitsky, MBA
SEAK, Inc.
Alex@seak.com
508-457-5150
www.seak.com

SEAK's Expert Witness Directory

2007-07-11T11:44:00.000-04:00

We at SEAK are very excited about our redesigned website for our SEAK National Directory of Expert Witnesses. The website now allows users the capability to do advanced keyword searching. Let us know what you think!

Alex Babitsky, MBA
SEAK, Inc.
508-457-5150
Alex@seak.com

Individual, Confidential, Customized Expert Witness Marketing

2007-05-25T11:05:00.000-04:00

As a leading authority on expert witness training, SEAK is pleased to announce that we are now available for Customized Expert Witness Marketing. Over the past 25 years we have trained thousands of experts and would like to assist you in bringing your expert witness practice to the next level.

Our services are designed to make you a more effective, more highly-valued expert and increase the size of your forensic practice. We will create a customized, professional marketing plan that will enhance your credibility and profitability.

Our services include:

Review and critique of your curriculum vitae (CV)
How to find your best niche
How to leverage past clients
Precisely who to network with
Where to advertise cost effectively and how to get the best deal
How to improve your web site and web traffic
How best to promote your expert witness practice
Review and critique of your written forensic reports
Comprehensive review of fee setting and collection policies
Reputation building
Customized individual or small group continuing education expert witness training

Steven Babitsky, Esq., is the President of SEAK, Inc. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Mr. Babitsky is a prolific writer on expert witness issues and is the co-author of the texts Cross-Examination: The Comprehensive Guide for Experts, Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, How to Excel During Cross-Examination: Techniques for Experts That Work, The Comprehensive Forensic Services Manual: The Essential Resources for All Experts, 2004 National Guide To Expert Witness Fees and Billing Procedures and How to Excel During Depositions: Techniques for Experts That Work.

Attorney Babitsky is the co-developer and trainer for the "Testifying Skills Workshop" seminar, the seminar leader for SEAK’s Annual National Expert Witness Conference, and the scriptwriter for the DVDs "The Most Difficult Questions For Experts: With Answers," and "The Expert Deposition: How to Be an Effective and Ethical Expert," "Cross-Examination: How to Be an Effective and Ethical Expert Witness," and "Winning over the Jury: Techniques for Experts That Work." Steven has trained thousands of expert witnesses.

Please call for a complimentary discussion of how we can help build your forensic practice.

Steven's CV is available for your review -click here
Direct Dial: 508.548.9443
Fax: 508.540.8304
E-mail: mail@seak.com

The Physician’s Comprehensive Guide to Negotiating, text by SEAK, Inc.

2007-05-18T06:45:00.000-04:00

SEAK's new text for physicians, The Physician’s Comprehensive Guide to Negotiating is now available. The average physician will negotiate for millions of dollars over the next twenty years without receiving any training in negotiating skills. This book was written specifically for physicians like yourself to give you the negotiating skills that you need to get what you deserve.

The book is straightforward, easy to read, and features over 200 examples which explain exactly what to do, and what not to do during a negotiation. It is guaranteed to save you money immediately. If for any reason you are not completely satisfied with The Physician’s Comprehensive Guide to Negotiating simply return it to SEAK within 30 days of purchase for a full refund.

Hardcover, 330 pages.

Order Today! http://www.seak.com/webstore/detail.asp?id=74

Alex Babitsky, MBA
SEAK, Inc.
Alex@seak.com
http://www.seak.com/

New Expert Witness Text from SEAK, Inc.

2007-05-14T08:57:00.000-04:00

The A-Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, qualiﬁcations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index.

The book also contains:
A compendium of expert witness referral organizations,
A list of online and print expert witness directories,
A list of legal journals and other publications,
A list of forensic organizations,
A list of bar associations and other legal associations,
Model expert witness fee schedules,
Model fee agreements,
Model bills, and
A fee survey: what other experts are charging for their time

This is an excellent text for experts who are new to expert witnessing or for anyone who would like to brush up their skills and find updated resources.

If you have read the book, please leave your comments to share with other experts.

To purchase this book, click here: http://www.seak.com/webstore/detail.asp?id=59

Thank you.

Top 5 Ways To Get The Most From Your Expert Witness Directory Listings

2007-04-04T15:33:00.000-04:00

Top 5 Ways To Get The Most From Your Expert Witness Directory Listings
By Alex Babitsky, MBA
© 2007 SEAK, Inc.
www.seak.com

1) Track, track, track your referrals.
This can’t be emphasized enough. The only way to effectively evaluate the performance of your marketing is to have a reliable way to track where your referrals are coming from. Your staff should have a formal intake process where they ask each new client how they found your name. Was it from a directory listing, if so which one? Maybe the attorney came across an article you wrote, if so which one? Maybe you spoke at a conference or meeting, if so which one? Was it from your website? Maybe it was word of mouth? The only way to know for sure is to ask. You should also have a way to track new cases, so you can go back every few months and see what is working for you, and what is not. You may want to increase the marketing channel that is working better for you. If speaking is generating more referrals for you than writing articles, than you may want to do more speaking and spend less time writing. Many expert witnesses do not do this effectively. Until you do, you really don’t have a clear picture of where your referrals are coming from.

2) Understand how the different expert witness directories work.
This sounds like a basic principle, however each directory is different. To get the most from your directory listings, you need to truly understand how they are set up and are used. Are the attorneys able to search by keyword? If so, what section of your listing is it searching? Is there an index? If so, how many terms are you indexed under? What is the circulation of the directory? Is it national or regional? Do the attorneys have to pay for a copy or is it available to them for free? Some expert directories are only available online, some are available as a printed version and some are both printed directories and online databases. If it’s a printed version, ask to receive a copy so you can take a look at it. You will get the most bang-for-your-buck, when you fully understand how it is used. Any directory worth its salt will have someone answer any questions you may have about the directory and walk you through the application. Keep in mind that they also want your listing to be as successful as possible. If it is successful, then you are more likely to continue listing in their directory.

3) List in multiple expert witness directories.
Expert witnesses on average earn approximately $350 per hour assisting lawyers. With that much money on the table, and directory listings generally being relatively inexpensive (usually a few hundred dollars), it makes sense to list in multiple credible expert directories. Do your homework first and ask some questions. Directories are a cost effective, efficient way of marketing your forensic practice. Most directory applications can be completed within 15-20 minutes. I would suggest listing in at least 5 directories and try them out for a year or two and see what type of response you get. If after 2-years you don’t at least break-even with the amount you paid to be listed in the directory, than you may want to discontinue that listing. However, don’t give up completely on them. Check back in with them after a few years to see if anything has changed, such as; increased circulation, increased web presence, partnerships formed, etc. All of these factors can significantly impact the effectiveness of a directory, and can change rapidly.

4) Keep your information up to date.
We come across many expert witness directory listings that have outdated or incorrect contact information. Nothing is worse then when an attorney contacts us and informs us that they are looking to hire one of our experts, except the expert’s phone number is disconnected. You can bet that an attorney is not going to take the time to try and track down your new number. Instead they will pick up the phone and call one of your colleagues and give the business to them. When you move or change your contact information (phone, fax, email, address, etc.,) it’s important that you notify each expert directory and service that you’re listed with and update it as soon as you have the new information.

5) If you have a website make sure that the expert directory you are listed in is linked to it.
This is an easy way to increase the amount of incoming links to your website. This is part of search engine optimization and should actually help the positioning of your website in the search engines. The more popular your site is, the higher you will bring your website in the searches. Having links that come from expert directories are very valuable, they are themselves highly ranked and have content relevant to your own information.

About the author.
Alex Babitsky, MBA deals with expert witnesses and the attorneys who retain them on a daily basis as the Product Manager of SEAK’s National Directory of Expert Witnesses and SEAK’s National Directory of Independent Medical Examiners (www.seakexperts.com). Mr. Babitsky consults regularly with experts of all fields on the subject of expert witness marketing. His publications include the 2004 National Guide to Expert Witness Fees and Billing Procedures and The A to Z Guide to Expert Witnessing. Alex can be reached at Alex@seak.com

SEAK Expert Witness Directory Deadline -- April 30th, 2007

2007-03-27T18:40:00.000-04:00

Don't forget, the deadline for inclusion in SEAK’s 2007 National Directory of Experts is April 30, 2007.

SEAK’s National Directory of Experts is the simple, professional, cost-effective, and risk free way to promote your availability for additional expert witness work.

We offer an unprecedented 100% money back guarantee. If you list yourself in the Directory and are not completely satisfied, you have until March 1, 2008 (almost a full year) to cancel your listing and receive a full refund of the standard listing fee.

SEAK’s print Directory is sent to over 50,000 law firms. Our Directory is also available online at http://www.seakexperts.com/index.aspx which is now averaging 4-million hits per year and includes direct links to your email and website.

Your listing will also be made available to attorneys using LexisNexis which receives over 3 million hits per month.

To become listed in the Directory and online database, please visit our expert directory. The application takes about five minutes to complete.

Please feel free to contact me if you have any questions or if there is anything I can do to assist you.

Very truly yours,

Alex Babitsky, MBA
Directory Manager
(508) 457-5150
Alex@seak.com

P.S. Please act right away as the deadline for inclusion in the 2007 Directory is April 30, 2007.

2007 National Legal Fiction Writing Competition for Lawyers Sponsored by, SEAK, Inc.

2007-03-20T14:29:00.000-04:00

SEAK, Inc is sponsoring the nation's 6th Annual National Legal Fiction Writing Competition for Lawyers.

The purpose of the competition is to encourage lawyers to become more interested in and adept at writing legal fiction.

FORMAT
A short story or novel excerpt in the legal fiction genre should be submitted. The submission should be typed and not exceed 2,500 words. (This will be strictly enforced).

DEADLINE
September 7, 2007

JUDGING
The submissions will be judged on originality, quality of writing, and the potential of the author.
Please do not send by Certified Mail.Submissions should be submitted to:

SEAK, Inc.—Legal Fiction Competition
ATTN: Steven Babitsky, Esq., President
P.O. Box 729
Falmouth, MA 02541

GUIDELINES
1. The competition is open to any licensed attorney in the United States and its territories.
2. The attorney's name, address, phone number, and e-mail address should be contained in the submission.
3. Only entries received by SEAK, Inc. on or before September 7, 2007 will be considered.
4. Only one entry should be submitted by each attorney.

ENTRY FEE
There is no fee to enter the competition.

PRIZES
FIRST PRIZE: $ 1,000 cash plus notice of your win will be sent to over 100 New York Literary Agents and to the Associated Press.
SECOND PRIZE: $1,000 SEAK Gift Certificate.
THIRD PRIZE: $500 SEAK Gift Certificate.

PRIZE Winners will be notified by email or phone.

CONDUCTING COMPETITION
SEAK, Inc., founded in 1980, is sponsoring the competition. SEAK, Inc. provides training, seminars and publications for attorneys, physicians and other professionals.

JUDGING
The judging will be done by a panel of judges at SEAK, Inc. No employees or relatives of employees of SEAK, Inc. are eligible to enter the competition. The decision of the judges is final and not appealable.

COPYRIGHT
All authors will maintain the original copyright to their materials.

For additional information please contact Steven Babitsky, Esq., President, SEAK, Inc., (508) 548-9443 or by e-mail at StevenBabitsky@seak.com; or visit our website at http://seak.com/semlfw07.htm

How to Start a Lucrative Expert Witness Practice

2007-03-02T10:31:00.000-05:00

An expert witness practice can be extremely lucrative. Expert witnesses on average earn $250-$400 per hour for their time spent assisting lawyers. Start-up costs and overhead expenses for experts are usually very low. Persons who wish to start an expert witness practice should follow the following four steps:

1. Determine if you are qualified to be an expert. Under the law, to be an expert witness a person needs “knowledge, skill, experience, training or education.” This is a fairly loose standard and it means that experience, knowledge or skills in the eyes of the law is just as important as education or training. It also means that you do not need an advanced degree.
Expert witnessing is not “just for medical doctors.” The authors sponsor an annual conference for expert witnesses. At the 2004 conference we had over 100 different areas of expertise in attendance from arborists, accident reconstruction and appraisers to vehicle dynamics, vocational rehabilitation and whistle blowing. Does your background qualify you to be an expert witness? It probably does.

2. Prepare a curriculum vitae (C.V.) appropriate for expert witness work. Before any attorney hires you, they’ll want to see your C.V. Curriculum vitae roughly means “academic life.” These are typically maintained and used by persons seeking a faculty, research, clinical, or scientific position, and persons who serve as expert witnesses. The expert’s C.V. usually includes education, publications, presentations, professional activities, professional membership, professional licenses, honors, and additional information. A C.V. is different than a resume in two major ways. C.V.s do not have “objective” sections and C.V.s are not limited to one page. In fact, for an expert who has published a lot or who presents frequently, a C.V. can become quite lengthy. Your first step in starting an expert witness practice is to draft a C.V. appropriate for expert witness work. If you need help with this, look for models on the internet or contact a colleague who maintains a C.V. for expert witness work.

3. Get some training on how to be an expert so you know what counsel is looking for and how to best deliver. Retaining counsel will be looking for your oral and written opinion, your help in challenging opposing experts and your willingness to testify at deposition and trial. Prior to spreading the word on your availability to serve as an expert it’s best to get some basic training on what experts do and how best to do it. You’ll also want to get a basic feel for the nuts and bolts of how much to charge and how to collect your fee. There are numerous publications and training seminars available that serve this purpose. Talk to your colleagues for recommendations on what they have found helpful and see if your professional societies sponsor any continuing education on this topic.

4. Spread the word. Once you’ve drafted your C.V. and obtained some basic information on how to be an expert, it’s then time to spread the word on your availability. Talk to lawyers you know and tell them you are available for this type of work. Write articles and speak on topics that might be of interest to litigators. Consider signing up for expert witness referral agencies. There are many of these that will feed you cases at no cost to yourself – they charge a locator fee to the attorney that is retaining you. If you are willing to make a small out-of-pocket investment, consider a listing in an expert witness directory or placing a small ad in a periodical read by litigators. An investment of your time and a small amount of money in spreading the word about your availability will likely be returned to you many fold.

Conclusion
Expert witnessing is an intellectually stimulating and financially rewarding endeavor. By following the above four simple steps you can be well on your way to starting a lucrative expert witness practice.

About the Authors
Steven Babitsky, Esq. and James J. Mangraviti, Jr., Esq. are President and Vice-President of SEAK, Inc. (www.seak.com) which provides training, texts, videos, marketing resources and other products and services for expert witnesses. They are both former trial lawyers. They are the seminar leaders for SEAK’s Annual National Expert Witness Conference which is held each June on Cape Cod, MA.

Looking to get Started as an Expert Witness?

2007-02-14T08:42:00.000-05:00

Expert Witnessing can be a very rewarding part of any professionals career, both financial and intellectually. The average hourly fee experts charged was $385 for in-court testimony, $353 for depositions and $254 for file reviews and preparation (taken from SEAK's Expert Witness Fee Guide, 2004).

A professional may be qualified to be an expert if they have any of the following: Knowledge, Skill, Experience, Training or Education

To obtain more information and training on how to become an expert witness, I suggest attending SEAK's introductory workshop June 20, 2007 on Cape Cod, MA.

How to Start and Build a Successful Expert Witness Practice is an intensive introductory workshop that is designed to show prospective and novice expert witnesses exactly what will be expected of them and how to start and build a successful expert witness practice. This course is specifically designed for prospective and novice expert witnesses and requires no advanced knowledge or training. Attendees will learn from experienced faculty in a step-by-step fashion how to start and build a successful expert witness practice. A continental breakfast, lunch with faculty and a detailed workshop manual not available anywhere else will be provided to all attendees.

SEAK 2007 National Directory of Independent Medical Examiners - Now Available

2007-02-02T07:42:00.000-05:00

SEAK's 2007 National Directory Independent Medical Examiners, is now available at no charge. The Directory contains hundreds of IME doctors who are available for additional IME referrals. The Directory is both a printed version and an online database (www.seakexperts.com). To receive your free copy, or to become listed in the Directory, contact the Directory Manager, Alex Babitsky at Alex@seak.com.

The 10 Biggest Marketing Mistakes Experts Make and How to Avoid Them

2007-02-01T13:52:00.000-05:00

The 10 Biggest Marketing Mistakes Experts Make and How to Avoid Them
By Alex Babitsky, MBA and Steven Babitsky, Esq.
© SEAK, Inc.

Executive Summary
Experts spend years developing and maintaining their area(s) of expertise, yet many experts do not spend adequate time developing a plan to market their expertise. The most successful experts treat their expert witness practice as a business and develop a marketing plan after consulting with those with experience in the field.

Mistake #1 Failure to Track New Business
The most fundamental marketing mistake experts make is failing to track where each and every new assignment comes from.

Action Step
Experts who want to increase market share are advised to develop and utilize a simple tracking system which tells the expert what the source of each new assignment is.

Mistake #2 Failure to Identify Your Market
Experts who fail to identify where the most likely source of new business is, make a serious marketing mistake.

Action Step
Experts need to specifically identify who their likely clients are and how and where they can be reached.

Mistake #3 Not Contacting Current and Past Clients
Experts who fail to contact current and past clients are missing a significant marketing opportunity.

Action Step
Develop a database of current and past clients, contact them and ask them directly for additional work.

Mistake #4 Speaking at the Wrong Places
Experts who speak at conferences of their colleagues are generally not marketing effectively.

Action Step
Speak at conferences and meetings of lawyers and other potential clients who can retain you directly.

Mistake #5 Lack of 24-7 Marketing
Experts who set aside a small portion of their time and effort to do “marketing” are missing the 24-7 marketing opportunity.

Action Step
Market yourself and your practice 24-7 with superior service, reports and testimony.

Mistake #6 Failure to Advertise
Experts who fail to advertise due to a perceived “stigma” or lack of budget are making a major marketing mistake.

Action Step
Develop a cost-effective, professional, dignified advertising plan and implement it.

Mistake #7 Writing for the Wrong Audience
Experts who write exclusively in their professional journals for their colleagues are missing a substantial marketing opportunity.

Action Step
Experts should identify and write for publications for lawyers and other clients who can retain them directly.

Mistake #8 Failure to Write Excellent Reports
Experts who do not write superior reports fail to realize a significant marketing opportunity.

Action Step
Experts who realize the number of people who read their reports, including opposing counsel, and the marketing significance of a well-written report, make the effort to write excellent reports.

Mistake #9 Failure to Thank Referral Sources
Experts who fail to thank referral sources are missing an opportunity to ensure a continuing stream of referrals.

Action Step
Experts should acknowledge and thank all referral sources in writing, e.g. “Thank you for the confidence, you have shown in me....”

Mistake #10 Failure to be Accessible
Experts who are not readily available to talk to new potential clients are making a fundamental marketing mistake.

Action Step
Experts need to make themselves available and accessible to potential clients who may have an immediate need to consult with and retain an expert witness.

Conclusion
Experts who wish to control and increase their expert witness work should set aside the time, budget and effort to develop and implement a simple, direct, effective marketing plan.

SEAK, Inc., (www.seak.com) provides training, texts, videos, marketing resources and other products and services for expert witnesses. SEAK’s Annual National Expert Witness Conference is held each summer on Cape Cod.

SEAK 16th Annual Expert Witness Conference

2007-02-01T07:12:00.000-05:00

SEAK, Inc. is pleased to present its 16th Annual National Expert Witness Conference, June 21-22, 2007 on Cape Cod, MA. Expert witnesses from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized attorneys, experts, judges, and educators will discuss all aspects of expert witness testimony, ethics, and trial techniques. The conference attracts more than 300 experts from across the country.

Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include lectures, trial demonstrations, lively question and answer periods, and intensive breakout sessions led by a highly qualified faculty.

For the first time ever, this years conference also provides CEU credits for a variety of specialties.

Expert Witness Fees

2007-01-29T07:24:00.001-05:00

Excerpted from the text SEAK, Inc. National Guide to Expert Witness Fees and Billing Procedures

Expert Witness Fees By Area of Expertise
The survey includes responses from 1,080 experts in over 300 areas of expertise, from Accident Reconstruction to Wound Care. There was significant variation in fees amongst different areas of expertise. Medical experts are on average much better compensated than non-medical experts. The average hourly fee for in court testimony for all non-medical experts is $248. The average hourly fee for in court testimony for all medical experts is $555. Medical experts on average earn more than double (124% more) what non-medical experts earn. 45% of all responding experts were medical experts and 55% of all responding experts were non-medical experts.

Fees for Trial, File Review and Depositions
On average, experts charge significantly more for their time while testifying at trial and deposition than their time while conducting file reviews and preparing. The average hourly fee for all experts was $385 for in-court testimony, $353 for depositions and $254 for file reviews and preparation. The average hourly fee for trial testimony is 52% higher than the average hourly fee for file reviews and preparation.

Paralegal Associations offer SEAK Expert Witness Directory

2007-01-29T07:14:00.000-05:00

The Sacramento Valley Paralegal Association The Philadelphia Association of Paralegals and The Arkansas Paralegal Association sent a notice to their members offering the SEAK Expert Witness Directory to their members. We had a tremendous response with many hundreds of requests for our print directory. Thank you!

Bar Associations offer SEAK Expert Witness Directory

2007-01-29T07:04:00.000-05:00

The Indiana Bar Association, the Mississippi Bar Association and the New Hampshire Bar Association have all sent out notices to their members offering the SEAK Expert Witness Directory to their members. We had a tremendous response with many dozens of requests for our print directory. Thank you!