Expert Witness Preparation
March 28-29, 2022 | Online :: Central Time
“Engaging and effective!” Public Advocate Utility Analyst, Alaska Regulatory Affairs and Public Advocacy
“Very personable, made the material palatable and engaging, lots of experience with the subject matter, competent instructor, really enjoyed the class.” Analyst, FERC
This course is designed to improve the effectiveness of witnesses as they prepare and serve as experts in rate cases and other associated energy industry testimony. The course is organized in two distinct areas; preparing and serving as an expert during the administrative process and learning how to be an effective witness during associated hearings. During the first portion of the course, participants will consider the rate case and other administrative processes, learn the nuances of preparing and designing successful pre-filed testimony, and acquire skills in writing persuasive questions and answers for submittal. Additionally, initial steps in preparing effective hearing testimony will be reviewed. The second portion of course concentrates on being an effective expert witness in hearing testimony. Skills will be provided on how to approach direct and cross examination, the finer points of persuasive verbal communication, and the potential pitfalls of detrimental and ineffectual non-verbal communications. The course is interactive and will conclude with a mock hearing exercise via Microsoft Teams. During the exercise participants will establish skills and experience with expert witness responsibilities throughout the administrative hearing procedure.
- Discuss the rate case process and major components
- Identify three elements of expert witness professional ethics and/or standards
- Describe how to properly prepare for pre-filing testimony
- Identify important elements of effective pre-filing testimony
- Describe important elements in writing effective pre-filing questions
- Describe important elements in writing effective pre-filing answers
- Discuss strategies useful in converting written into verbal testimony for hearings
- Explain two effective persuasion techniques
- Name three important considerations when describing credentials verbally
- Discuss methods to prevent attacks on an expert witnesses’ credibility
- Recognize the difference between direct and cross examination at a hearing
- State the role of the administrative law judge
- Name two pitfalls to avoid when interacting with opposing counsel
- Identify important considerations in expert witness testimony at hearings
- Describe the difference between verbal and non-verbal communication
- List three goals of opposing counsel during cross-examination
- Name three methods for responding to difficult questions in hearing testimony
- State three rights of witnesses
Monday, March 28, 2022 : Central Time
8:45 – 9:00 a.m.
Log In and Welcome
12:00 – 12:30 p.m.
9:00 a.m. – 4:00 p.m.
- Course overview
- Discussion of prior experience with regulated rate cases, perceptions and common misnomers
Rules and Procedures for Rate Cases and Rate Case Filings
- Standard rules
- Requirements for filing
- Rate case procedures
- Task distribution
- Pre-filed testimony
- Hearing processes
- Case Law Examples
Rate Case Preparation
- Process overview
- Successful case and team management
- Strategy development
- Examples variable requirements for PUC/PSC
- Doing the essential homework
- A framework for assessing internal strengths and weaknesses of the case
The Dynamics of Expert Witnessing: Professional Ethics, Standards and Strategic Planning
- Professional ethics and standards
- Interfacing with counsel
- Interfacing with other professionals and staff
- Understanding your role on the team
- Dealing with public and media inquiries
- Treatment of confidential information
Strategies for Expert Witnesses in Pre-filing Testimony
- Understanding the strategy and goals of the utility
- Determining your objective
- Planning with other PUC experts and staff coordination
- Gathering supporting documentation and evidence
- Considering time allotment and organization
- Budget considerations
Introduction to Group Exercise
- Overview of mock hearing exercise
- Review and discussion of Case Study
- Assignment of roles
Preparing Pre-filed Testimony
- Techniques to more persuasively explain your credentials
- Know your audience
- Determining what information needs to be addressed
- Consideration of the layout of testimony – sequence
- Writing a meaningful question to support your case and expert opinion
- Writing a clear, concise, and meaningful answer to support your case
- Improving credibility of positions
Pre-filed Testimony Writing Exercise
Group Review of Written Testimony
Questions and Wrap-up
Tuesday, March 29, 2022 : Central Time
8:50 – 9:00 a.m.
Log In and Welcome
12:00 – 12:30 p.m.
9:00 a.m. – 4:00 p.m.
Introduction and Executive Summary of Persuasion Techniques for Expert Witnesses
- Creating and using powerful, memorable language and analogies
- Coaching and teaching hearing participants
- Converting and communicating essential information from written testimony into oral testimony
Describing Your Credentials in a Verbal Format
- Stating critical elements
- Leaving out non-essentials
- Confidence without boastfulness
- Group exercise
The Dynamics of Hearings: Direct and Cross Examination
- How hearings are conducted
- Creating a professional appearance
- The principles of direct examination
- The principles of cross examination
Protecting Yourself from Attacks on your Credibility and Credentials
- Considering potential weaknesses
- Preparing for the rebuttal
- Learning how not to appear defensive
- Making a reasonable correction or addition
Bonding with the Administrative Law Judge
- The role of the Administrative Law Judge (ALJ)
- How to address and speak to the Administrative Law Judge
- What to expect in communicating to the ALJ
- Pitfalls to avoid
Developing a Productive Interaction with Opposing Counsel
- The role of opposing counsel
- What to expect from opposing counsel
- Establishing the right relationship
- What to expect in communicating with opposing counsel
- Pitfalls to avoid
Basic Considerations in Witness Testimony
- Resisting memorizing or rehearsing testimony
- Listening to the question
- Answering only the questions asked
- Resisting interrupting
- Building trust, likability, and honesty
- Resisting argumentation and frustration
Subjective Reactions and Effective Verbal Communications
Effective Nonverbal Behavior and Communication
- Facial expressions
- Eye contact
- Head and body movements
- Simple annoyance
Special Considerations in Hearing Testimony
- Forming airtight opinions
- Staying ahead of counsel during cross examination
- Answering difficult questions
- Establishing responses in known problem areas
- Knowing your rights as a witness
- Protecting testimony from becoming distorted or mischaracterized
- Avoiding testimony from becoming interrupted
- Appropriateness in refusing to answer a question
Mock Hearing Exercise
Branko Terzic, Managing Director, Berkeley Research Group LLC
Branko Terzic is currently a Managing Director at Berkeley Research Group LLC and a Distinguished Fellow at the Council on Competitiveness and a Senior Fellow at the Atlantic Council’s Global Energy Center.
Dr. Terzic has presented expert testimony before state public service commissions, courts, committees of state legislators, and committees of the U.S. Senate and House of Representatives. He has examined experts and their testimony during over a decade of service on three regulatory agencies: as Commissioner on the U.S. Federal Energy Regulatory Commission (FERC), Commissioner on the State of Wisconsin Public Service Commission and Chairman of the State of Wisconsin Racing Board.
Terzic also served on the President’s National Petroleum Council and National Coal Council and is former Chairman of the United Nations Economic Commission for Europe Ad Hoc Group of Experts on Cleaner Electricity Production. In the energy industry Terzic has been Chairman, President and CEO of Yankee Energy System, Inc. Regulatory Policy Leader for Energy & Resources at Deloitte, Regional Managing Partner for Energy, Resources and Infrastructure in the Deloitte & Touche Central Europe; Managing Director at Arthur Andersen, Group Vice President at AUS Consultants, Valuation Engineer at The American Appraisal Company and Special Investigations Engineer at Wisconsin Electric Power Company.
During his long career Terzic has been a commentator on international and US television appearing on CNN, International, Fox Business, CNBC, ABC, NBC, PBS, Al Jezeera, Radio Television Serbia and Russian TV. Terzic has given over 500 speeches and has written hundreds of article for trade magazines and publications.
He holds a B.S. in Energy Engineering and an honorary Doctor of Sciences (Sc.D.) in Engineering both from the University of Wisconsin-Milwaukee.
We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.
- IMPORTANT NOTE: After November 30 you will not be able to join a Teams meeting using Internet Explorer 11. Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
- You will receive a meeting invitation will include a link to join the meeting.
- Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
- You will need to join the appropriate meeting at the appropriate time.
- If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
- The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.
Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ
If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event
|Single Seat - Expert Witness Preparation||US $ 1295.00|
|Pack of 5 Seats||US $ 5,180.00|
|Pack of 10 Seats||US $ 9,065.00|
|Pack of 20 Seats||US $ 15,540.00|
|Call us at 303.770.8800 if you have any specific questions on the volume discounts|
|* all other discounts do not apply to seat packs|
Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before February 24, 2022 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800