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CAS Seminar on Ratemaking - March, 2006
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The Actuary as an Expert Witness
The Care and Feeding of Lawyers
Charles L. McClenahan
10 South Wacker Drive, Chicago, IL 60606
ACTUARIAL CONSULTING
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
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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
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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
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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 familiar
with 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
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Problems Presented by Actuaries
– Threatening Subject
– Personality (or Lack Thereof)
– Complex Issues
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The Care and Feeding of Lawyers
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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
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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
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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
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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
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Opposing Expert’s Testimony
– Help your lawyer understand opinion
– Write out cross examination
– Roll-play your opponent’s testimony
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