Charles L. McClenahan10 South Wacker Drive, Chicago, IL 60606

REG-1The Actuary as an Expert Witness

The Care and Feeding of Lawyers

CAS Seminar on Ratemaking - March, 2006

A C T U A R I A L C O N S U L T I N G

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The Care and Feeding of Lawyers

The only downside of expert witness work is the requirement that one deal with lawyers

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The Care and Feeding of Lawyers

Problems Created by Lawyers

– Attempting to paraphrase

– Attempting to stretch or bend opinion

– Attempting to summarize

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The Care and Feeding of Lawyers

Attempting to Paraphrase

– Expert has obligation to avoid misleading testimony

– Limitations and underlying assumptions must be disclosed

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The Care and Feeding of Lawyers

Attempting to Stretch or Bend Opinion

– Language of actuarial science very precise

– Each word can be important

– Proper questions yield predictable answers

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The Care and Feeding of Lawyers

Attempting to Summarize

– Lawyers like simple answers

– Rarely are the answers simple

– Expert has obligation to avoid misleading

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The Care and Feeding of Lawyers

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The Care and Feeding of Lawyers

Lawyers Can Be Trained!

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The Care and Feeding of Lawyers

• Educate Lawyer on Actuarial Language

- Analogize with contracts (where lawyers are familiarwith verbal precision)

- Correct misunderstandings before you testify

- Explain technical issues and why precise wording is necessary

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The Care and Feeding of Lawyers

• Set Precise Limits on Opinions

- State them early

- State them in writing

- Make certain lawyers know limits

- Resist fuzziness

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The Care and Feeding of Lawyers

• Focus on Questions (Answers are Easy!)

- Discuss goals of your testimony

- You should draft questions

- Make certain lawyers understand technical terms

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The Care and Feeding of Lawyers

“An expert knows all the answers - if you ask the right questions.”

- Unknown

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The Care and Feeding of Lawyers

Actuaries Create Problems Too!

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The Care and Feeding of Lawyers

Problems Presented by Actuaries

– Threatening Subject

– Personality (or Lack Thereof)

– Complex Issues

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The Care and Feeding of Lawyers

Threatening Subject

– Lawyers hate, don’t understand math

– Actuary must make it interesting

– Actuary must keep it simple

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The Care and Feeding of Lawyers

Personality

– “I’m not weird, just unusual”

– “I understand this is difficult”

– “I’m here to help you understand”

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The Care and Feeding of Lawyers

Complex Issues

– Actuary must simplify

– Visual aids where possible

– Do not condescend or patronize

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The Care and Feeding of Lawyers

A Roadmap to Successful Testimony

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The Care and Feeding of Lawyers

Your Testimony

– Be clear on your opinions

– Write out your direct testimony

– Anticipate weaknesses

– Roll-play your cross examination

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The Care and Feeding of Lawyers

Opposing Expert’s Testimony

– Help your lawyer understand opinion

– Write out cross examination

– Roll-play your opponent’s testimony