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Family Law Experts and Implicit Bias (12/21)

Category: Materials

Member Price: $12

Non-Member Price: $12

Product Code: M1016B21

Areas of Law: Family

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CLE Credits

Seminar Handbook/Materials

This product is the original program handbook/materials that were provided to attendees of the program below.

Many of our handbooks are also available as CLE On-Demand videos. For more information on CLE On-Demand videos, please click here.

Faculty & Description Of The Seminar This Handbook Is From:
Faculty

Keynote

Moderator

Albertina Webb, Esq.
Sarno DaCosta Daniello & Maceri, Lanoka Harbor

Presenters

Hon. Marie E. Lihotz, PJAD (Ret.)
Archer & Greiner PC
Amy L. Miller, Esq.
, Fort Lee
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:

  • Explanation of Bias and Different Types of Bias

    Role Bias
    Financial Bias
    Underutilization of base rate Bias
    Diagnostic Momentum Bias
    Confirmatory Bias
    Others

  • 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

  • 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