Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
January 19, 2014

Expert Witness: 3-1 Ratio Deposition Preparation Rule

In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb. The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. Court, WD Michigan 2012 explained:

How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. Court, WD Michigan 2012 explained:

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December 31, 2013

How Attorneys Can Improve How Their Expert Witness Appears on Videotaped Depositions

Videotaped depositions of expert witnesses are being used with increased frequency. During impeachment, clips from a videotaped deposition can make a dramatic impression on the jury or fact finder. Preparing an expert for videotaped deposition means you will have to concern yourself with the additional issues of the expert’s: • General appearance, • Distracting or unpleasant mannerisms, • The pace

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December 30, 2013

Expert Witnesses Are At Risk During Depositions: 5 Things To Watch Out For

Expert witnesses have more at risk during their depositions than the lawyers who retain them. Here are 5 things expert witnesses need to be aware of before they are deposed.

Expert witnesses of all disciplines actually have more at risk during their depositions than the lawyers who retain them. While trial lawyers may have dozens or even hundreds of cases they are working on, the experts they retain whether they be medical experts, patent experts, psychologists etc. only have one reputation at risk each time they are deposed. Here are

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December 24, 2013

How Attorneys Can Explain the Strategies and Goals of Opposing Counsel to Your Expert Witness

Opposing counsel can be expected to prepare diligently for an expert’s deposition. To excel, your expert must prepare as hard or harder. These include...

Opposing counsel generally can have one or more overall objectives for deposing an expert witness. Counsel may want to set up the expert for a Daubert challenge or use his answers for another pre-trial motion. Opposing counsel can be expected to prepare very diligently for an expert’s deposition. To excel, your expert must prepare as hard or harder. Opposing counsel’s

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December 24, 2013

What You Should Make Sure Your Expert Witness Knows about Deposition Law and Procedure

The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as:

It is usually important to explain to your expert witness some of the rules and procedures governing depositions and why these are important to the expert witness. The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as: • “Off the record” merely means that the court reporter is not recording

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December 10, 2013

Upcoming SEAK Intensive Expert Witness Deposition Training

SEAK can teach you how to quickly and dramatically improve your deposition skills. Please join us in San Diego on Saturday-Sunday, January 25-26, 2014 for How to Excel at Your Expert Witness Deposition. This is SEAK’s highly acclaimed, fast moving, content rich deposition skills training program. We feature videos of experts testifying at depositions in real cases and numerous interactive

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March 28, 2013

Expert Witness Succession Planning

Experts who develop an exit strategy are best positioned to generate a stream of revenue after they reduce their involvement in the practice or retire completely.

Succession Planning: Positioning Your Expert Witness Practice for Reduced Workload, Takeover, or Eventual Sale Steven Babitsky, Esq.   Many expert witnesses do not adequately plan for the potential sale of their forensic practices. Here are the 10 Biggest Mistakes Experts Make in Transition/Succession Planning:   Mistake #1 Thinking that their skills are so unique they simply cannot be replaced.  

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March 1, 2013

The Biggest Mistakes Utility Expert Witnesses Make When Testifying in Front of Administrative Agencies

Utility expert witnesses may be perceived as being biased, bought and paid for and constructed to achieve a specific result.

The Biggest Mistakes Utility Expert Witnesses Make When Testifying in Front of Administrative Agencies   Utility expert witnesses have many issues to deal with and overcome to achieve successful, persuasive testimony. Their testimony may be perceived as being biased, bought and paid for and constructed to achieve a specific result. The utility expert witnesses who avoid the biggest mistakes often

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February 6, 2013

Expert Witnesses’ Self-Inflicted Wounds

Here are just a few examples of some of these self-inflicted wounds that we have come across recently when training expert witnesses:

Expert Witnesses’ Self-Inflicted Wounds By: Steven Babitsky, Esq. Many expert witnesses create problems for themselves with the things they say in their CVs, webpages, and reports. All of these self-created problems are completely avoidable with a little judicious self-editing. Here are just a few examples of some of these self-inflicted wounds that I have come across recently when training expert

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February 6, 2013

Expert Witnesses’ Curriculum Vitae Containing Incorrect Information

This questioning will likely be embarrassing and can damage the credibility of the expert witness. Here is an example from a recent SEAK demonstration..

Expert Witnesses’ Curriculum Vitae By: Steven Babitsky, Esq. An expert witness who has a sloppy curriculum vitae (CV) containing incorrect information is inviting questioning by opposing counsel. This questioning will likely be embarrassing and can damage the credibility of the expert witness. Here is an example from a demonstration at a recent SEAK expert witness training conference: Q. You produced

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