Taking Expert Testimony (intellectual properties, medicals)

[LEONORA L WALKER]

I haven't taken medicals and expert testimony in quite some time (over five years).  I want to get back into taking them, but I'm not feeling confident.  I live in New York and the economy dictates that I take on more work, does anyone have any advice in preparing for re-entering that area of our profession?  I have 14 years experience.

[Ann Medis]

Hi, Lenora - gaining confidence is getting comfortable with the different jargon and being able to write it.  And that confidence is built one case at a time.  I think you'll find most of the expert testimony is realtime, and research is critical.   If you belong to PACER (Federal court case search) look up some cases and read the complaints, and you can get case names by Google'ing names of patent cases, defective products, etc.  IP has some common lingo.  Securities cases have common lingo.  The list goes on.  Look on YouTube for any videos of people talking about technical matters and write them.   Get all the briefs you can, and this site is great for that.  Read through the entire Briefs Group on this site.  It's a great place to start.  Add these briefs to your dictionary.  There are some great great great briefers on here who are only too willing to offer assistance.   When I take an expert's dep, I do a Google search for information on the case and do a job dictionary.   Get an idea of what they'll be talking about not just for the translation rate.  There's comfort in that.  They all talk the same talk.  That's the good news.  It is daunting but doable.  Good luck to you!

[LEONORA L WALKER]

Excellent advice.  Thank you.

[Kelli Combs (admin)]

First of all, it's intellectual property, not properties.  That's for starters.  I say just jump in.  When I worked for 15 years in Southern California, nothing prepared me for moving to Northern California where there is the Silicon Valley and all intellectual property/patent infringement cases.  I didn't have a choice; was thrown to the wolves, so to speak.  

Now patent infringement, expert witnesses happen to be my favorite work.  The more you take, the more confidence you will have.  You just have to jump in.  They are not difficult I don't think.  The hardest part I find is when you have a heavy accent thrown on top of more technical vocabulary, that's a challenge that seems to happen all too often here.

[LEONORA L WALKER]

Kelli, thanks for the little slap on the wrist. (lol).  I think that's what intimidates me the most, the accents, and that's what made me stop taking them.  But now I can no longer avoid taking them, so I'm just going to jump in and do it. Research and experience. I got it.

[Kelli Combs (admin)]

You will NEVER get used to the accents.  I sure don't.  A heavy accent can turn a good day into a bad day real quick.

[LEONORA L WALKER]

Yes.  You definitely understand my concern.  Some people get very offended when you ask them to repeat what they just said, especially engineers.  But just like yourself, I have no choice other wise I'll be on the "bread line".  Thank you for the advice.

[Ann Medis]

Have a brief for (indecipherable). 

You'll do just fine.  :)

[LEONORA L WALKER]

Yes, I do.  Thank goodness.

[D Sanders, RDR, CRR]

really?  I've never used that.  I have asked for the wit to repeat what they said until I understood it.

[Kelli Combs (admin)]

I notice Middle Eastern engineers especially think women are to be seen and not heard.  Too damn bad; I'm there to get a correct record and I have to speak up. 

[LEONORA L WALKER]

Very true.  I had an engineer go off on an anti-American, anti-woman, anti-semitic anti-christian rant during a deposition.  Telling the room that Americans are uncivilized and our women are loose.  This was right after they ousted Mbarak from Egypt.  Great depo.  He pissed everyone off in the room.

[Kelli Combs (admin)]

Wow, I wish I was a fly on the wall in that depo.  What a jerk.  He should go back to his own country then and stay there.