ABA Books Releases “Litigators on Experts,” from Joan Archer and Expert Witness Committee

8/19/2010

Legal publisher ABA Books has announced the release of Litigators on Experts: Strategies for Managing Expert Witnesses from Retention through Trial, available now through the publisher's web site. The book was the result of writing and research by the Section of Litigation's Expert Witness Committee, which is co-chaired by Lathrop & Gage attorney Joan Archer (Intellectual Property - Kansas City).

The book provides a step-by-step guide to researching, retaining, and working with an expert witness. Ms. Archer authored a chapter on using visual aids with experts; the book as a whole examines issues such as credibility and dependability of an expert, as well as expertise, respect within the relevant field, and appropriate degrees and certifications appropriate for an expert. The chapters illuminate pitfalls to be avoided and proactive solutions to be followed, and include an important discussion of the ethics of working with expert witnesses; the use of experts in state courts; preparing your experts for trial; problems and opportunities associated with particular substantive areas of expertise; and problems and opportunities associated with specific areas of the law.

Gregory P. Joseph, a New York litigator who has been published on the subject, said about the book, "Expert evidence is a critical component of virtually every civil litigation. This volume collects the thoughts and experience of excellent advocates from around the country. It offers cogent insights and guidance from pre-engagement of the expert through preparation and testimony, or deposition and cross. It is an invaluable addition to every trial lawyer's library."

The American Bar Association's Expert Witness Committee provides continuing education and other support to litigators in expert witness matters. During Ms. Archer's tenure as Co-Chair, the committee has explored emerging issues related to expert witness practice, including the proposed amendments to Federal Rule of Civil procedure Rule 12 concerning draft expert reports.

Ms. Archer has litigated intellectual property and business litigation matters including trademark, patent, unfair competition, and copyright cases. Her practice also includes counseling clients on trademark and copyright matters, including prosecuting applications before the U.S. Patent and Trademark Office, and litigating trademark opposition and cancellation proceedings. Ms. Archer has substantial experience litigating trademark and trade dress cases, including those involving the Internet, domain names and black-market software. Her courtroom experience includes having first- or second-chaired over ten jury trials, bench trials and preliminary injunction.

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