SEAK, Inc. Expert Witness Blog

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 Directory Deadline - June 30th

2008-06-29T06:26:00.002-04:00

The deadline to become listed in the upcoming 2008 SEAK Expert Witness Directory is June 30, 2008.

The Directory is sent to over 50,000 trial attorneys, paralegals and insurance companies and is also an accompanying website.

Click here to register or to learn more about the SEAK Directory.
http://www.seakexperts.com/expertsapplication.htm

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.