Daubert Institute for Forensic Psychology
California MCLE Seminar
NEW!
The Daubert Institute offers a one-hour California State Bar
approved seminar for law firms and government legal departments.
Call (916) 878.0355 to schedule
Challenging the Methodology of Psychiatric & Psychological Testimony
The standard of evidence set unanimously by the U.S. Supreme Court in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc.
has had a small impact on the admissibility of expert testimony in general and psychiatric and psychological testimony in
particular. Daubert also provides guidance in how to challenge expert testimony in non Daubert venues. This seminar outlines
the relevant areas of discovery under Daubert and provides an understanding of the options available for effectively
challenging experts.
LOCATION: Your Firm
TIME: One Hour
COST: Free in San Francisco Bay Area
LEARNING OBJECTIVES:
By the end of the seminar attendees will learn how the Daubert Standard changes the:
Attendees will also learn specific lines of questioning for deposition & cross-examination that examine how
well an expert has complied with the ethical and scientific standards of his or her profession.
INSTRUCTOR:
Dr. John F. Fielder is a clinical and forensic psychologist with extensive experience and has been in practice for twenty-nine
years. He has written ten articles for legal publications on the impact of Daubert on psychiatric and psychological testimony.
Dr. Fielder is also the managing director of the Daubert Institute for Forensic Psychology and has been providing educational
seminars for law firms and the government for nineteen years.
MCLE CREDIT
The State Bar of California approves this
seminar for one-hour credit.
Daubert Institute for Forensic Psychology
www.DaubertInstitute.com
(916) 878.0355
Representative List of Past Presentations:
Daubert: Very Convoluted, Usually Confusing to Many, Nevertheless Elegant,
Armand Rossetti writes:
Pretrial Daubert hearings are essentially motions in limine that ultimately decide whether an expert is qualified, and whether
that expert: 1) has based an opinion on sufficient facts or data; 2) will be able to testify using “reliable principles and methods,”
and; 3) has applied the principles and methods reliable to the particular facts of a given case.
The Daubert factors are based Rule 702 of the Federal Rules of Evidence, which is used to examine an expert’s testimony as
a whole. In addition under Rule 703, experts may reasonably rely on documents and information that may be inadmissible
during trial. It is also Rule 703 that forms the basis for inquiry, concerning the reliability of any data that supports expert
testimony. Furthermore, Rule 703 relaxes the requirement that experts need to acquire personal knowledge about the matter to
which they testify. Finally, Rule 703 has little to do with whether an expert’s testimony, as a whole, meets Daubert standards.
That determination rests with Rule 702.
Since a Rule 702 is more “holistic,” judges acting as gatekeepers should not require each document, or particular source of
data that experts might use to form opinions, to be dispositive. In other words, Courts should not be conducting a Daubert
inquiry on each and every document and deciding whether or not each document is qualified as being stand-alone reliable.
Copyright 2006 - 20111 Daubert Institute
NEW!
The Daubert Institute offers a one-hour California State Bar
approved seminar for law firms and government legal departments.
Call (916) 878.0355 to schedule
Challenging the Methodology of Psychiatric & Psychological Testimony
The standard of evidence set unanimously by the U.S. Supreme Court in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc.
has had a small impact on the admissibility of expert testimony in general and psychiatric and psychological testimony in
particular. Daubert also provides guidance in how to challenge expert testimony in non Daubert venues. This seminar outlines
the relevant areas of discovery under Daubert and provides an understanding of the options available for effectively
challenging experts.
LOCATION: Your Firm
TIME: One Hour
COST: Free in San Francisco Bay Area
LEARNING OBJECTIVES:
By the end of the seminar attendees will learn how the Daubert Standard changes the:
- Discovery of minimum expert qualifications necessary to be a "Daubert Expert."
- Discovery of the scientific validity and reliability of expert methods and techniques that serve as
- Options for dealing with expert testimony: Strategy & Tactics
Attendees will also learn specific lines of questioning for deposition & cross-examination that examine how
well an expert has complied with the ethical and scientific standards of his or her profession.
INSTRUCTOR:
Dr. John F. Fielder is a clinical and forensic psychologist with extensive experience and has been in practice for twenty-nine
years. He has written ten articles for legal publications on the impact of Daubert on psychiatric and psychological testimony.
Dr. Fielder is also the managing director of the Daubert Institute for Forensic Psychology and has been providing educational
seminars for law firms and the government for nineteen years.
MCLE CREDIT
The State Bar of California approves this
seminar for one-hour credit.
Daubert Institute for Forensic Psychology
www.DaubertInstitute.com
(916) 878.0355
Representative List of Past Presentations:
- Bledsoe, Cathcart, Diestel & Pedersen (San Francisco)
- Littler Mendelson (San Francisco)
- Jackson Lewis (San Francisco)
- California Department of Justice (LA, San Diego and Sacramento)
- PG&E Legal Department (San Francisco)
- Dykema Gossett (Detroit, MI)
- City of San Francisco Legal Department
- Fraser, Trebilcock, Davis & Foster (Lansing, MI)
Daubert: Very Convoluted, Usually Confusing to Many, Nevertheless Elegant,
Armand Rossetti writes:
Pretrial Daubert hearings are essentially motions in limine that ultimately decide whether an expert is qualified, and whether
that expert: 1) has based an opinion on sufficient facts or data; 2) will be able to testify using “reliable principles and methods,”
and; 3) has applied the principles and methods reliable to the particular facts of a given case.
The Daubert factors are based Rule 702 of the Federal Rules of Evidence, which is used to examine an expert’s testimony as
a whole. In addition under Rule 703, experts may reasonably rely on documents and information that may be inadmissible
during trial. It is also Rule 703 that forms the basis for inquiry, concerning the reliability of any data that supports expert
testimony. Furthermore, Rule 703 relaxes the requirement that experts need to acquire personal knowledge about the matter to
which they testify. Finally, Rule 703 has little to do with whether an expert’s testimony, as a whole, meets Daubert standards.
That determination rests with Rule 702.
Since a Rule 702 is more “holistic,” judges acting as gatekeepers should not require each document, or particular source of
data that experts might use to form opinions, to be dispositive. In other words, Courts should not be conducting a Daubert
inquiry on each and every document and deciding whether or not each document is qualified as being stand-alone reliable.
Copyright 2006 - 20111 Daubert Institute
| (916) 878.0355 drfielder@daubertinstitute.com |
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