Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.

March 9, 2014

The Top 4 Ways Expert Witnesses Can Help The Retaining Attorney

Expert witnesses assist retaining counsel in a variety of ways in addition to testifying. Beth Bochnak, speaking at the National Expert Witness Conference explained 4 main ways expert witnesses can assist counsel: The Expert Witness Is a Tool Support Counsel Testimony should support the position counsel presents If unable to support, withdraw Suggest someone else Be coldly honest in opinion

March 1, 2014

Expert Witnesses with Criminal Conviction

When can expert witnesses be impeached with their prior criminal conviction? Federal Rule of Evidence 609 provides: (a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence:

March 1, 2014

Security Expert Witness: Standard of Care

When a plaintiff claims that a juvenile detention facility negligently hired, trained, and supervised personnel resulting in a death, expert testimony is required. The US district court, in the case of Grimes v. District of Columbia, 923 F. Supp. 2d 196 – Dist. Court, Dist. of Columbia 2013 stated: Expert testimony on the applicable standard is required “if the subject

February 28, 2014

Career Ending Mistakes for Expert Witnesses

Career Ending Mistakes for Expert Witnesses What are the biggest traps that expert witnesses fall into that can end or impact their careers? Attorney James Mangraviti, Jr. explains: Working for two opposing sides on the same case Misplacing key documents or evidence Altering evidence without permission Working for an incompetent, dishonest, or inexperienced lawyer Letters to the editor Letting retaining

February 28, 2014

Your Expert Witness Interview

What questions you should be prepared to answer during your first interview by counsel? Attorney Quentin Brogdon suggests the following: 1. “Are you the best expert?” 2. “What makes you qualified?” 3. “Ever been prevented from testifying?” 4. “Anticipate expert deadline causing any problem?” 5. “What do you need?” 6. “Ever testified for or against opposing party?” 7. Ask about

February 28, 2014

Expert Witness Financials

How far can opposing counsel go in forcing expert witnesses to disclose their tax returns, financial records, and 1099s? Attorney James Rotondo explains: Expert’s Tax Reports, Financial Records/1099s As part of an effort to impeach an opposing expert witnesses, the cross-examining attorney may request an expert’s financial information in the form of tax or financial records. These records are relevant

February 28, 2014

Expert Witnesses and Diagrams/Models and Maps

What do expert witnesses need to know about the preparation and use of diagrams, models, and maps at trial? Attorney Timothy S. Tomasik explains: Diagrams/Models/Maps Diagrams, models and maps, have nearly the same foundation requirements as videos and photographs. Generally, diagrams, models, and maps are admissible at the sole discretion of the trial court judge if they fairly and accurately

February 27, 2014

The Expert Witness Deposition Preparation

Attorney James Mizgala speaking at the SEAK National Expert Witness Conference explained: A. How opposing counsel prepares to take your deposition The lawyer taking your deposition will be intimately familiar with your report. By the time of your deposition, he or she will also: – Know your background. – Understand the role you play in your client’s case. – Understand

February 25, 2014

What Attorneys Really Want In An Expert Witness

How can expert witnesses please retaining counsel while still retaining their integrity, credibility, and viability as experts? Attorney Barry Boise speaking at the SEAK National Expert Witness Conference addressed what attorneys are really looking for from experts: I. Credentials A. Qualifications/Professional Credentials 1. Active practice 2. Knowledge of current events and themes 3. Knowledge of events and themes at time

February 25, 2014

Metallurgist on Temperature of Metal Exhaust Tube

Are too many expert witnesses being disqualified from testifying at Daubert hearings? The US court of appeals thought so in the case of United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 – Court of Appeals, 11th Circuit 2013. The court reversed the exclusion of a metallurgist who was retained solely to testify in a products liability