Family Law Experts and Implicit Bias
Date: Dec 15, 2021 9:00 a.m. – 12:00 p.m.
Location: Online
Areas of Law:
Earn up to 3 credits, including 3.0 in Diversity! (More Information)
Keynote
Moderator
- Albertina Webb, Esq.
- Sarno DaCosta Daniello & Maceri, Lanoka Harboris an attorney at Hill Wallack, LLP in Red Bank, New Jersey. She concentrates her practice in family law issues including divorce, custody, support, domestic violence, dissolution of domestic partnerships, enforcement or modification of marital agreements, enforcement and/or modification of alimony and child support, emancipation applications, equitable distribution and post-judgment enforcement and modification.
Admitted to practice in New Jersey and New York, and before the United States District Court for the Southern and Eastern Districts of New York, Ms. Webb has been a member of the Family Law Sections/Committees of the New Jersey State, New York State, Middlesex County and Ocean County Bar Associations. President of the Hispanic Bar Association of New Jersey, she has served on the Family Law Executive Committee of the New Jersey State Bar Association and several subcommittees, as well as the Monmouth Bar Association’s Family Law and Judicial Selection Committees. Ms. Webb has served as a Matrimonial Early Settlement Panelist in Middlesex and Ocean Counties and as an Intensive Settlement Panelist in Monmouth County. She has been a member of the New Jersey Association for Justice (NJAJ) Matrimonial Committee and has served on the Statewide Domestic Violence Working Group Committee.
The creator of and contributor to the Monmouth and Ocean Family Lawyers blog, Ms. Webb has a regular column in the HBA’s quarterly newsletter entitled "Querida Abby – Dear Abby." She has been published in Divorce Magazine's Frequently Asked Questions feature and has lectured for ICLE and NJAJ.
Ms. Webb received her J.D. from New York Law School, where she was the Section Editor of the Journal of Human Rights.
(8/23)
Presenters
- Amy L. Miller, Esq.
- , Fort Lee
- Hon. Marie E. Lihotz, PJAD (Ret.)
- Archer & Greiner PC
- Matheu D. Nunn, Esq.
- Einhorn Barbarito Frost & Botwinick PC, Denville
Attorneys routinely use experts in family litigation. Whether they are court-appointed or retained by litigants, judges often site expert conclusions and recommendations in their decisions. Expert opinions matter and can profoundly impact the outcome of a divorce, custody, abuse, relocation and other pre or post judgment family matter.
An attorney needs to be aware of implicit bias when working with an expert, both their own and the adversary or court appointed expert. An attorney’s selection of an expert can reveal bias. Most lawyers will select an expert they are comfortable working with and hopefully play a supportive role in litigation. Even though experts are supposed to be impartial and objective, they also have biases, often cultural, which can profoundly impact an outcome, if left unexamined and unchallenged. Our program will help you understand how experts’ underlying implicit biases can influence their conclusions and recommendations and examine ways you can challenge them.
TOPICS INCLUDE:
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Explanation of Bias and Different Types of Bias
Role Bias
Financial Bias
Underutilization of base rate Bias
Diagnostic Momentum Bias
Confirmatory Bias
Others
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Addressing Bias Head On
Discovery
Depositions
Testing
Learned treatises/articles
Preparation of your expert to address bias – theirs and others
The art of cross-examination
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Selection and Use of an Expert
How and why to use an Expert
Dealing with Your Expert’s Bias
Using the expert to prepare to cross-examine the other expert
Tips on selecting an expert
Due diligence
Prior reports – forensic v. CNA
Understanding occupational hazards using experts
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