Expert Witness Blog

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

February 6, 2013

Financial expert witness unable to define where the numbers come from

Here is an example that arose during an unscripted demonstration at a recent SEAK Expert Witness Conference:

Financial Expert Witnesses By: Steven Babitsky, Esq. Any expert witness who deals with numbers, valuations, discounts, etc. must be able to clearly and articulately explain where the numbers come from. Many of these experts are, in fact, unable to do so while under stress during their deposition. Here is an example that arose during an unscripted demonstration at a SEAK

February 6, 2013

Why having retaining counsel phrasing and writing an expert report can be a problem

Here is an example which arose at an unscripted demonstration during a recent live SEAK expert witness training.

Expert Witness Reports By: Steven Babitsky, Esq. Expert witnesses are getting more and more “help” from retaining counsel in phrasing and writing their reports. Counsel will often include legal terms or phrases in the expert’s report to make sure it is legally sufficient and can withstand scrutiny. The problem for expert witnesses arises when they have been poorly prepared to

February 6, 2013

Expert Witness Bias

When expert witnesses use inflammatory language in their report or testimony, they run the risk of losing their impartiality and being accused of being biased

Expert Witness Bias By: Steven Babitsky, Esq. When expert witnesses use inflammatory language in their report or testimony, they run the risk of losing their impartiality and being accused of being biased. Each time the jury or fact finder hears one of these words they may wonder how emotionally involved the expert is in the case and whether he is

January 24, 2013

25 Tips for Expert Witnesses

Superior Court Judge (MA) Dennis J. Curran speaking at the SEAK Expert Witness Conference presented 25 practical and important tips for expert witnesses.

25 TIPS FOR EXPERT WITNESSES By: Steven Babitsky, Esq. Massachusetts Superior Court Judge and former trial attorney Dennis J. Curran speaking at the SEAK National Expert Witness Conference presented 25 practical and important tips for the expert witness. The primary and most fundamental advice is to TELL THE TRUTH. This sounds easy, but it is not. To tell the truth,

January 24, 2013

Tips on how to be an Effective Expert Witness

Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented tips on how to be an effective expert witness.

Tips on how to be an Effective Expert Witness By: Steven Babitsky, Esq. Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented some tips on how to be an effective expert witness. Here is what he said about direct examination: Preparation and organization You are a “teacher” on the stand;

January 23, 2013

Forensic Accounting Expert Witness Biggest Challenges

The biggest challenges Forensic Accounting Experts face in practice, and testifying as expert witnesses are varied and sometimes surprising.

Forensic accountants have to use their investigative skills to locate money, evaluate fair damages, investigating fraud, etc. The biggest challenges they face in practicing forensic accounting and testifying as expert witnesses are varied and sometimes surprising. We asked a group of forensic accountants what their biggest challenges were and here is how they replied: Getting the information and/or documentation from

January 9, 2013

Expert Witness Trial Preparation

Preparing an expert witness for trial is critical and is your job as retaining counsel. We recommend the following protocol for how to prepare an expert witness for trial:

Expert Witness Trial Preparation Preparing an expert witness for trial is critical and is your job as retaining counsel. We recommend the following protocol for how to prepare an expert witness for trial: Obtain past trial transcripts of your expert witness and opposing counsel. Orient your expert witness Explain the likely goals of retaining counsel and how counsel will try

January 4, 2013

What Lawyers are Looking for When Selecting and Retaining an Expert Witness

The skills and attributes attorneys are looking for when retaining expert witnesses can be broken down into 10 major abilities...

What Lawyers are Looking for When Selecting and Retaining an Expert Witness We at SEAK Inc. have conducted independent research gathered from trial attorneys across the United States on what they are looking for when selecting and retaining an expert witness. The skills and attributes they are looking for when searching and retaining expert witnesses can be broken down into 10 major

December 28, 2012

Workers’ Compensation and AMA Guides Expert Witnesses

The Workers' Compensation expert witness testifying from the 6th Edition of the AMA Guides is vulnerable to cross-examination in numerous areas including:

Workers’ Compensation Expert Witnesses A significant portion of the Workers’ Compensation litigation is now the cross-examination of the Workers’ Compensation AMA Guides expert witness. The Workers’ Compensation Expert is almost exclusively a physician testifying about the presence or lack of permanent impairment in the claimant/injured worker. The Workers’ Compensation expert witness testifying from the 6th Edition of the AMA Guides is vulnerable

December 19, 2012

How to Draft an Expert Witness Disclosure or Expert Witness Declaration

Expert witness disclosures should be carefully drafted as these can be used against the expert witness in the case at hand or other future cases.

Free Whitepaper: How to Draft a Powerful, Persuasive, and Understandable Expert Witness Report Depending upon the jurisdiction, expert witnesses may be required to draft and sign an expert witness disclosure or expert witness declaration. The expert can find out what the disclosure or declaration needs to contain by asking retaining counsel. Expert witness disclosures should be carefully drafted as these disclosures can