Cross-Examination Blog: CROSS-EXAMINING AN INDEPENDENT MEDICAL EXAMINATION DOCTOR

Wednesday, January 11, 2012

CROSS-EXAMINING AN INDEPENDENT MEDICAL EXAMINATION DOCTOR

Is the Phrase “Independent Medical Exam” an Oxymoron?

Two personal injury lawyers, Patrick A. Trudell and Ronald V. Miller share their thoughts about cross-examining Independent Medical Examination doctors on their respective blogs - Seattle Zen Legal Blog and Maryland Injury Lawyer Blog respectively. While Mr. Miller lists “random thoughts” about cross of the IME – found here, Mr. Trudell provides an outline that he used in a rear end collision case – found here.

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REVIEWS

"This Book Delivers. A much needed addition to trial literature, this book should be in every lawyer's library. The reason is that this book tackles the many difficult problems that arise on cross---but unlike other books---this one clearly explains how to overcome them.

D. Shane Read, Author of Winning at Trial

"This (Cross-Examination Handbook) is a law book written by actual attorneys who have practiced law. [No offense meant to the purely academic writers]. This book transcends what a person can learn in law school. It takes you right into the courtroom." Read more here.

Karen Koehler, The Velvet Hammer, Stritmatter, Kessler, Whelan, Coluccio

“Move over Francis Wellman! Cross-Examination Handbook, by Clark, Dekle and Bailey, is the best book on cross-examination I have ever read. Every lawyer should refer to it before commencing a deposition or going to trial. The work covers all possible contingencies that an attorney might face in examining a hostile witness, opposing party or expert, from gaining concessions to impeachment, with practical solutions for each. Cross-Examination Handbook should be a basic text in the library of all trial lawyers, whether they be prosecutors, criminal defense lawyers or civil litigators.”

Michael Marcus, Judge, Los Angeles

“I wish law schools utilized more texts such as these. In a nutshell, the trial advocacy book teaches you how to try cases and the cross-examination book teaches you about the art-and it is an art- of cross examination. The cross examination book spans 389 pages and contains a CD with sample files and assignments."

Mitchell H. Rubinstein, Adjunct Prof Blog

“The only cross-examination guide you need.” by Michael Flaherty, Buffalo, New York

“. . . The book is a comprehensive monograph and the only cross-examination guide you will need. What adds to its value is its structure; chapters can be read on their own. When I first brought the book home a few weeks ago, my wife, a member of the litigation department of a large law firm, was preparing for her first trial in many years. She asked me for some suggestions to prepare for her cross-examination of her opponent's expert witness; I responded by handing her the book. She was able to use the materials specific to the topic on the cross-examination of expert witnesses and prepare a cross which focused on advancing her case theory. She reported to me how different her cross was from the other lawyers in the case who often spent precious time rehashing the direct. She won.

Do not let the clarity and simplicity fool you. Cross-Examination Handbook will become indispensable and give you the confidence to prepare the winning cross.”

"This book has it all, and I rank it as one of the best books on cross-examination in recent times. . . " by Paul Mark Sandler, Trial Attorney, Baltimore, Maryland

Read the full review here.

"Invaluable resource. The Cross-Examination Handbook is a straightforward yet sophisticated guide for cross-examination, whether you are constructing the cross of an expert or a lay witness. The major reason this book is so valuable and so useful is that it not only explains the technique of cross-exam but, more important, places the cross in the overall structure of a trial. . .

"Having tried dozens of cases and having conducted hundreds of cross-examinations, I can say that this book will not only be something I review as part of trial preparation but is also a book to be given to new lawyers in our office. For years I have carved out 'thinking time' in my trial preparation to review McElhaney's Trial Notebook. I have now added this terrific book by Clark, Dekle and Bailey."
Randy J. Cox, Boone Karlberg P.C., Missoula, Montana

"Don't wait, you need to read this book before you open another file! This volume illustrates how to plan an effective cross-examination from the beginning of a case. Beginning with discovery, it shows us the essential steps leading to an effective cross-examination. It also explains how to structure each cross-examination to best serve the case theory.

"You won't forget the cross-examination principles because they are vividly illustrated by memorable moments and quotes from famous trials (real and fictional). These examples are essential because they underscore the big ideas in chapters that demonstrate how, who, and why to cross-examine. This is an educational book that you will enjoy reading and re-reading. I know that I will recommend it to my Pre-trial Advocacy students, and I will keep it forever in my reference collection."
Barbara Frost, Seattle, Washington

"I wholeheartedly endorse this book for law students and young trial lawyers hoping to develop their cross-examination skills, as well as for experienced lawyers seeking to improve theirs. As John Henry Wigmore said, cross-examination is the 'greatest legal engine ever invented for the discovery of the truth.' We courtroom mechanics will benefit by adding this tool to our toolbox." (read rest of the review here).
John Day, author of Day on Torts

"This Book is the Real Deal! Whether you are a rank rookie or salty old veteran the Cross Examination Handbook is going to improve your game. Trial and error is no way to learn something as important as cross examination.
Kevin Brackett (South Carolina)

"Cross-Examination Handbook Perfect for Law Students and New Litigators."
Karin J. Mitchell

"I have been looking for a good and current book devoted to cross-examination. This book meets that need."
Philip Thomas (Mississippi)

“Of course, cross-examination has always been a favorite topic of legal authors. But this (Cross-Examination Handbook) take on the subject is an eminently practical, thorough, and readable addition to the canon.”

Michael Heatherly, Washington Bar News Editor review ofCross-Examination Handbook

"For both new and experienced lawyers. As a new attorney, I would recommend Cross-Examination Handbook as essential reading for those looking for the trial tactic and strategy advice that is lacking in typical law school text books. Specifically, the text provides the kind of practical guidance that a new lawyer requires before taking on an opposing witness, including checklists to ensure that no stone is left unturned in preparing a cross and tried and true approaches to counter the various challenges that an opposing witness may present. . ."

Daniel Baker

More reviews - click here.

ODDS & ENDS & HUMOR

Q. Now let’s go back to Exhibit 18. It looks to me like this pump submittal from SRV is dated Oct. 14, 2002. Right?

A. That’s the date of this letter, correct.

Q. Okay. And SRV was required to submit this pump submittal five days after the execution of the contract, which they received on Oct. 9. So 14 minus 9 is how many?

A. I don’t know. I need a calculator.

Q. You need a calculator to subtract 9 from 14?

A. Yeah.

Q. You’re the project engineer on a $5 million infrastructure project, and you’re telling me you need a calculator to subtract 9 from 14?

A. We always have calculators.

Q. Really, you can’t subtract 9 from 14 without a calculator?

A. It’s 6.

Q. Actually, Ms. ______, I think it’s 5.

A. I think I told you I need a calculator.

Cross-Examination Blog

Wednesday, January 11, 2012

CROSS-EXAMINING AN INDEPENDENT MEDICAL EXAMINATION DOCTOR

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