Family Law Experts and Implicit Bias (12/21)
Category: Materials
Member Price: $12
Non-Member Price: $12
Areas of Law: Family
Featured Speaker
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:
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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