Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
February 13, 2017
What an Expert Witness Can Legally Be Asked During Cross Examination
By James J. Mangraviti, Jr., Esq. There is a long-standing policy in American law encouraging vigorous, thorough cross-examination of expert witnesses. Attorneys are generally given wide latitude when cross-examining experts. What is and is not allowed to be asked during cross-examination is in the discretion of the trial judge, subject to the applicable rules of evidence in the jurisdiction in
Read moreFebruary 10, 2017
Twenty-Five Tips for an Expert Witness to Excel During Cross Examination
By James J. Mangraviti, Jr., Esq. Superior performance by an expert witness during cross examination requires employing techniques which will help the expert maintain his credibility and, potentially, even strengthen his opinion. Here are twenty-five suggestions for expert witnesses: 1. Tell the truth. 2. Prepare thoroughly. 3. Prevent—don’t give counsel ammunition. 4. Be yourself, unless you’re a jerk. 5. Actively listen to each and every
Read moreFebruary 6, 2017
How to Become an Expert Witness Who is Feared by Opposing Counsel
By James J. Mangraviti, Jr., Esq. An expert witness who is feared and respected by the opposition is known as a dangerous expert. Dangerous experts are extremely valuable to retaining counsel, are in high demand, and command premium fees. A truly dangerous expert is one that is highly resistant to cross-examination and who is able to take advantage of the
Read moreFebruary 3, 2017
How an Expert Witness Should Prepare for Cross-Examination
By James J. Mangraviti, Jr., Esq. Proper preparation is an absolute requirement to for an expert witness to excel during cross-examination. Proper preparation includes a pre-trial meeting with retaining counsel and preparation done by the expert witness on her own. During the pre-trial meeting with retaining counsel the expert should: • get a read on opposing counsel, • get a read on
Read moreJanuary 31, 2017
What an Expert Witness Can Legally Be Asked During Cross Examination
By James J. Mangraviti, Jr., Esq. There is a long-standing policy in American law encouraging vigorous, thorough cross-examination of expert witnesses. Attorneys are generally given wide latitude when cross-examining experts. What is and is not allowed to be asked during cross-examination is in the discretion of the trial judge, subject to the applicable rules of evidence in the jurisdiction in
Read moreJanuary 27, 2017
Should an Expert Witness Use Multiple CVs?
By James J. Mangraviti, Jr., Esq. Most trial lawyers will start their investigation of an opposing expert witness by obtaining any and all past and present copies of the expert’s curriculum vitae (CV). Many experts have more than one CV. A possible danger is that the use of multiple CVs by an expert witness may imply bias on the part
Read moreJanuary 17, 2017
How Jurors Decide Whether or Not to Believe an Expert Witness
By James J. Mangraviti, Jr., Esq. Jurors are commonly faced with the sometimes daunting task of evaluating complex and often conflicting expert witness testimony. It is important for expert witnesses to understand what jurors want from them. Expert witnesses who understand the desires, concerns, and fears of jurors can be much more effective at communicating with and persuading jurors. What
Read moreJanuary 11, 2017
How a Trial Attorney Prepares to Cross-Examine an Expert
By James J. Mangraviti, Jr., Esq. Attorneys typically go through a three-step process when they prepare for cross-examination of an adverse expert witnesses. This three-step process includes the following. First, the attorney prepares a detailed investigation of the expert. This could include the following: a careful review of the expert’s CVs, education, writings, and presentations, a careful review of the
Read moreSeptember 21, 2016
How a Virtual Assistant for an Expert Witness Can Assist in Collecting Overdue Invoices & Fees
By James J. Mangraviti, Jr. One of the most common sets of questions we receive from our expert witness clients have to do with collections: “I am having trouble getting paid as an expert witness, what do I do?” “How can an expert witness make retaining counsel pay what he/she is owed?” “What do I do when a lawyer refuses
Read moreDecember 2, 2015
Shocking Expert Witness Cross-Examination
How far will some lawyers go when cross-examining an expert witness? Electrical engineer AP Meliopoulos found out the hard way in a Utah case. Dr. Meliopoulos was being cross-examined by Atty. Don Howarth. Judge James Brady described what occurred: 1. Dr. Meliopoulos was an expert witness, called by IPP to testify before this court. 2. During Dr. Meliopoulos’ testimony, Mr. Howarth intentionally
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