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Title: Writing and Defending Your Expert Report by Steven Babitsky, James J. Mangraviti, James Mangraviti ISBN: 1-892904-21-7 Publisher: Seak Inc. Pub. Date: 01 January, 2002 Format: Hardcover Volumes: 1 List Price(USD): $99.95 |
Average Customer Rating: 3.5 (2 reviews)
Rating: 4
Summary: It's not too late to learn a few excellent things!
Comment: There are only a few "how-to" books for the person who must give a learned or "expert" opinion on legal issue. Most are notably less than satisfactory. In my opinion, Babitsky and Mangraviti have tackled one of the most difficult aspects about being an "expert," that of writing a defensible report. The messages in their treatise are quite clear. "Don't commit something to paper unless you can support it with documentation!" "Write the report when you feel you fully understand the issue and not when the attorney says you are ready!" And perhaps more important, "Leave the adverbs and adjectives for your next novel!"
I found their writing style somewhat pendantic and their cross-examination illustrations somewhat contrived. And I was disappointed that more than a-third (actually 36%) of the book was "model reports," or, if you wish, case studies. The authors do not provide the reader with a copy or even a synopsis of "Standard Practice for Reporting Opinions of Technical Experts," although said practice is cited twice in the book (pg. 241, pg. 248). Although a large number of examples are medical issues, this probably mirrors real life. I found one major area that is not covered - that of expert opinion on patent issues.
Probably the two scariest aspects for any expert today are known as the "Markman" and the "Daubert." The first renders the expert interpretation of less value than that of common, everyday usage. Babitsky and Mangraviti do not address "Markman." They do address "Daubert" however. And correctly put the "fear of God" in every expert's heart on this issue. You haven't experienced terror until you've been challenged on techniques that you have used and considered sacrosanct for decades.
This book is a must for anyone who has or will be giving written opinions on legal issues.
Rating: 3
Summary: Writing and Defending Your Expert Report
Comment: The book provides very interesting and useful information. The first fifteen chapters live very well up to the title, with objective and lots and lots of "across the board" information!
My only criticism is that the Model Reports consist of - without exception - medical related scenarios.
Variety in the form of Reports on subjects other than medically related would certainly enhanced the efficacy of the book.
Indeed, while initially perusing the book, I almost felt misled when I browsed through the Model Reports at the end. In fact, I still feel a bit piqued; I will certainly include this book in my Seller's Account!).
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