Writing and Defending Your Expert Report: The Step- By Step Guide with Models

I recently got into the expert reviewer business and wanted something (1) written by an attorney and (2) with concrete examples of do's and don't's. This fits the bill. A lot of the material seems obvious to me, but I write professionally, and somebody for whom grinding out a report at work is hard would be well advised to take Mr. Babitsky's advice about getting a proofreader. The chapter on formatting is well worth the price of the book: I was muddling along trying to just state the facts and conclusions in an orderly way, but Mr. Babitsky's outline makes the product easier both to read and to defend in court. There are many examples drawn from actual court cases, and a clear review of statutes for federal cases that must be known if you will be producing reports for one of them. I plan to keep this book on the shelf and refer to it almost every time I review a case. While my perspective is that of a medical doctor, the principles are applicable to other specialties as well.

There is a lot of excellent material in this book. Yes, of the 400 pages, "only" 230 are the main text and 140 pages are model reports. I would have bought the book just for the main text. The model reports are worthy extras. Not to mention the 20 pages of "advice from the trenches". By the way, the model reports are not merely medical. At first glance it might appear that way, but reading the material shows that it is not. Here is a list of the model reports: + toxic tort + medical negligence + correctional facility safety evaluation + products liability, rule 26 + biomechanics + vocational evaluation + legal malpractice affidavit + independent medical evaluation + products liability + trade secret declaration + accident reconstruction + custody / visitation evaluation If you write expert reports regularly, this should be on your bookshelf. Even if it is your first report, definitely consider this book. It will, more likely than not, remain on my shelves for quite some time.

There are only a few "how-to" books for the person who must give a learned or "expert" opinion on legal issue. Most are notably less than satisfactory. In my opinion, Babitsky and Mangraviti have tackled one of the most difficult aspects about being an "expert," that of writing a defensible report. The messages in their treatise are quite clear. "Don't commit something to paper unless you can support it with documentation!" "Write the report when you feel you fully understand the issue and not when the attorney says you are ready!" And perhaps more important, "Leave the adverbs and adjectives for your next novel!" I found their writing style somewhat pendantic and their cross-examination illustrations somewhat contrived. And I was disappointed that more than a-third (actually 36%) of the book was "model reports," or, if you wish, case studies. The authors do not provide the reader with a copy or even a synopsis of "Standard Practice for Reporting Opinions of Technical Experts," although said practice is cited twice in the book (pg. 241, pg. 248). Although a large number of examples are medical issues, this probably mirrors real life. I found one major area that is not covered - that of expert opinion on patent issues.Probably the two scariest aspects for any expert today are known as the "Markman" and the "Daubert." The first renders the expert interpretation of less value than that of common, everyday usage. Babitsky and Mangraviti do not address "Markman." They do address "Daubert" however. And correctly put the "fear of God" in every expert's heart on this issue. You haven't experienced terror until you've been challenged on techniques that you have used and considered sacrosanct for decades.This book is a must for anyone who has or will be giving written opinions on legal issues.