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 report. The expert conducted the

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 promote their practices. They are

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 issues that could haunt the

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:

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. Some courts have been moved

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 to explain your opinions simply

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 [deckhands Woodling or Ward of

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 Court, D. Vermont the court

Expert Witness Use Demonstrative Evidence

Experience and successful expert witnesses are now often using demonstrative evidence such as powerpoints, models, videos, animations, photographs, 3D laser data, etc. during their direct examination. This demonstrative evidence needs to be presented to counsel and approved by the Judge prior to its use. Effective demonstrative evidence can turn a dry recitation of the science into a powerful visceral presentation

Expert Witness Preparation

Expert witnesses are all too often going into depositions, hearings, and trials with little or no preparation from counsel. As a consultant who helps prepare expert witnesses for depositions and trials, I always ask the expert: How much preparation did the retaining lawyer provide you? The answers range from: – None – Spoke for 30 minutes at Starbucks – Met

Direct Examination: The Key to Success for Expert Witnesses

While many expert witnesses and trial attorneys focus their time on prepping for cross-examination, the key to success often lies in a powerful persuasive direct examination. Expert witnesses want to work with retaining counsel to: Humanize the expert. Lay out an interesting and persuasive narrative. Diffuse any damaging information that is likely to arise during cross-examination. Make sure that the