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.
Learning Outcomes
- 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
TUESDAY, OCTOBER 26, 2021 : CENTRAL TIME
9:00 a.m. – 4:00 p.m.
Course Timing
Introduction
- 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
Morning Break
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
Lunch Break
Preparing Pre-filed Testimony
- Techniques to more persuasively explain your credentials
- Knowledge/Skill
- Experience
- Training/Education
- 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
Afternoon Break
Group Review of Written Testimony
Questions and Wrap-up
WEDNESDAY, OCTOBER 27, 2021 : CENTRAL TIME
9:00 a.m. – 4:00 p.m.
Course Timing
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
Morning Break
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
Lunch Break
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
- Tone
- Mannerisms
- Confidence
- Authority
- Understandability
- Memorability
Effective Nonverbal Behavior and Communication
- Attire
- Facial expressions
- Eye contact
- Posture
- Head and body movements
Overcoming:
- Shyness
- Nervousness
- Impatience
- Simple annoyance
- Arrogance
- Hostility
- Condescendence
- Sarcasm
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
Afternoon Break
Mock Hearing Exercise
Course Wrap–up