About Alex Babitsky

Alex Babitsky, MBA as a Partner of SEAK, Inc., (The Expert Witness Training Company) I deal with expert witnesses and the attorneys, insurance companies and paralegals who retain them on a daily basis. I manage SEAK’s Directories, which include: SEAK Expert Witness Directory: www.SeakExperts.com SEAK Medical File Review Consultants Directory: www.FileReviewConsultants.com SEAK National Directory of Independent Medical Examiners: www.IMEDirectory.com I've authored numerous books including: ● The National Guide to Expert Witness Fees and Billing Procedures ● The A to Z Guide to Expert Witnessing ● What All Physicians Considering Starting an IME Practice Should Know ● How to Market Your Expert Witness Practice: Evidence Based Best Practices I have also been on the faculty for the National Expert Witness Conference. In addition, I manage our various websites, blogs and SEO.

Attorneys Demonstrate Bias Of Expert Witnesses

How far can opposing counsel go in trying to demonstrate bias of an expert witness? The rules may vary from state to state. In Jordan Grabel, M.D., and State Farm Mutual Automobile Insurance Company, v. Linda Sterrett and Michael Sterrett, No. 4D14-4780 District Court of Appeal of Florida, Fourth District, April 29, 2015 the court [...]

By |2015-08-07T05:31:45-04:00May 6th, 2015|Blog|Comments Off on Attorneys Demonstrate Bias Of Expert Witnesses

Lawyers, Expert Witnesses & Pretrial Technology

Expert Witnesses want to be aware of the latest technology employed by lawyers used to test arguments and evidence. The MIT Technology Review V. 118 No. 3 May/June 2015 ran a very interesting article entitles “path of persuasion.” Here is what trial lawyers are now doing to test out their cases and evidence: Pretrial Technology [...]

By |2015-08-07T05:31:53-04:00May 6th, 2015|Blog|Comments Off on Lawyers, Expert Witnesses & Pretrial Technology

Gatekeepers Are Costing Expert Witnesses Millions of Dollars

Overly protective gatekeepers are costing medical and other expert witnesses millions of dollars per year. If this seems to you to be a bit of an overstatement let’s look at one recent example we encountered at SEAK. Case Example We received a call from an attorney at a large law firm. He located an expert [...]

By |2015-04-28T15:09:50-04:00April 28th, 2015|Blog|Comments Off on Gatekeepers Are Costing Expert Witnesses Millions of Dollars

Lesson: Why Expert Witnesses Need A Retention Contract

The most common problem that expert witnesses face is non-payment or slow payment of their fees by lawyers who retain them. Many of these expert witnesses do not have a written retention contract signed by counsel. Example I was recently contacted by an expert witness who was asked to investigate a claim and write a [...]

By |2020-03-23T13:28:46-04:00March 24th, 2015|Blog|Comments Off on Lesson: Why Expert Witnesses Need A Retention Contract

10 Steps to Effectively Market Your Expert Witness Practice

Expert witnesses are now actively marketing their expert witness services through the use of: Expert witness directories Display and other advertising Speaking and lecturing Writing    Ten tips for expert witnesses to market their practice include:   An expert should identify and pursue his niche. The best experts budget the time and money needed to [...]

By |2015-03-12T07:13:19-04:00March 12th, 2015|Blog|Comments Off on 10 Steps to Effectively Market Your Expert Witness Practice

Lawyers Want Experts with Expert Witness Training

A recent SEAK survey of trial lawyers indicated that now trial lawyers prefer experts who have received formal expert witness training. Here are some of the reviews these trial lawyers have given for advantages of using trained experts: A trained expert knows how to bill for their time without identifying in their billing invoices any [...]

By |2015-03-11T08:20:43-04:00March 11th, 2015|Blog|Comments Off on Lawyers Want Experts with Expert Witness Training

Counsel Coaching Expert Witnesses at Deposition

Why do attorneys “act out” during the deposition of expert witnesses and coach “their expert?” Because they can. The kind of tactics lawyers are using at deposition include: Objective to almost all of the questions. Interrupting and asking counsel “to be more specific.” Coaching the expert and telling him to “answer if he knows,” etc. [...]

By |2015-03-11T08:16:58-04:00March 11th, 2015|Blog|Comments Off on Counsel Coaching Expert Witnesses at Deposition

10 Steps Expert Witnesses Can Use to Excel at Their Deposition

As only 3-5% of civil cases proceed to trial, the expert’s deposition has taken on increased importance. Experts who do not excel during their depositions are unlikely to be successful. Here are 10 steps expert can use to excel during their deposition. Understand what you will and will not be offering opinions on. Be able [...]

By |2015-03-10T09:23:15-04:00March 10th, 2015|Blog|Comments Off on 10 Steps Expert Witnesses Can Use to Excel at Their Deposition

Expert Witness: Credibility Determination

The United States District Court, W.D. Pennsylvania in the case of THOMAS JAMES NEWILL, v. CAMPBELL TRANSPORTATION COMPANY, INC. No. 2:12-cv-1344 dealt with the testimony of the expert Smith on the seaworthiness of a barge. The court found that the expert did not improperly comment on the credibility of witnesses when he stated: Neither men [...]

By |2015-03-10T09:22:00-04:00March 10th, 2015|Blog|Comments Off on Expert Witness: Credibility Determination

Disqualifications of Expert Witnesses: Lawyer Writing Report

Expert witnesses are increasingly being challenged, and in many cases being disqualified under Daubert. When attorneys suspect retaining counsel has effectively “written” the expert’s report, attorneys are using this to pursue disqualification of the expert. In the case of MOBILE MEDICAL INTERNATIONAL CORPORATION, v. ADVANCED MOBILE HOSPITAL SYSTEMS, INC., Case No. 2:07-cv-231, United States District [...]

By |2015-03-10T09:19:57-04:00March 10th, 2015|Blog|Comments Off on Disqualifications of Expert Witnesses: Lawyer Writing Report
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