Expert Witness Blog

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

September 4, 2014

Expert Witness Depositions

VIDEO - The 3 most important things that experts need to know about their expert witness depositions.

Expert Witness Depositions Hi, I’m Steve Babitsky, President of SEAK, Incorporated. I’m here today with Attorney James Mangraviti, and we’re going to be talking about expert witness depositions. What are the three most important things that experts need to remember about expert witness depositions? Jim Mangraviti: Okay. I would say things that I teach my experts over and over again,

September 4, 2014

How to Write an Expert Witness Report

It's really important for an expert witness to draft an excellent witness report for some important reasons. Number one, that report that you have is what we would call ammunition in that anything and everything you write in that report can and will be used against you by the lawyer on the other side, basically to rip your throat out. So you kind of want to be careful with that.

How to Write an Expert Witness Report Hi, my name is Steven Babitsky. I’m the President of SEAK, Inc. I’d like to welcome Attorney James Mangraviti, with me this morning to talk about expert witness reports. Jim, why is it important to draft a well organized written report? All right. It’s really important for an expert witness to draft

August 6, 2014

Active Clinical Practice Requirements for Medical Expert Witnesses

Find out which states require medical expert witnesses to be actively practicing in order to serve as an expert witness.

Find out which states require medical expert witnesses to be actively practicing in order to serve as an expert witness. States which require active clinical practice for a physician to testify as an expert witness in medical malpractice cases generally allow physicians to fulfill this requirement through teaching in a licensed medical program. There are also several states which allow

July 31, 2014

State Specific Rules Governing Testifying as an Expert Witness in Medical Malpractice Case

Many states have special requirements for physicians who testify as expert witnesses in medical malpractice cases. These requirements could include things such as:

Many states have special requirements for physicians who testify as expert witnesses in medical malpractice cases. These requirements could include things such as: Board Certification Licensure Not being a full-time “Professional Witness” Current or recent clinical practice or teaching or research experience Same specialty as defendant Licensure from a state requiring same or greater qualifications of subject state Complete review

March 19, 2014

Some of the non-verbal messages that expert witnesses send

The jurors tend tol trust their readings of nonverbal behavior clusters or patterns more than a specific single nonverbal cue.

OSHA and safety expert witness Chip Darius explains. Q. What are some of the non-verbal messages expert witnesses send? Non-verbal communication is a complex area of study. We perceive non-verbal messages in how a person is dressed, colors and styles of clothing, physical appearance, posture while walking and sitting, facial expressions, eye contact, tone of voice, rate of speaking, and

March 19, 2014

Why jurors like some expert witnesses and not others

Experts should be calm and comfortable in the courtroom, but poised and interested in the proceedings. Facial expressions and gestures also change a lot, frowns and smiles, head and body positions, in response to the questions being asked and replies being given

Excellent communication skills is crucially important for expert witnesses who wish to excel. OSHA and safety expert witness Chip Darius explains. Q. What factors make an expert witness likeable in the minds of jurors? The expert needs to be more than simply likable. Jurors connect well when the expert is likable, honest, sincere, understandable, natural and relaxed. A natural and

March 19, 2014

How expert witnesses can get off to a strong start on direct examination

Three main points come to mind. First, prepare a report and know it cold. If retaining counsel has not asked for a report, prepare a summary of expert opinions to ensure all opinions are addressed. Second,

OSHA and safety expert witness Chip Darius explains. Q. How can experts get off to a strong start on direct examination? Three main points come to mind. First, prepare a report and know it cold. If retaining counsel has not asked for a report, prepare a summary of expert opinions to ensure all opinions are addressed. Second, organize and be

March 19, 2014

Why communication skills are important for expert witnesses

The best expert witnesses are master communicators. They are in command of their written, spoken, and non-verbal communication, and must be able to communicate in a way the judge and jury will receive and understand.

One of the things accomplished expert witnesses learn quickly is: how you say it is just as important as what you are saying. Excellent communication skills is crucially important for expert witnesses who wish to excel. OSHA and safety expert witness Chip Darius explains. Q. Mr. Darius, Why are communication skills important for expert witnesses? The best expert witnesses are

March 19, 2014

Tips Expert Witnesses Can Use to Make Their Testimony Understandable

The best expert witness is an effective “story teller” who comes across as genuine. Being unprepared, verbose and overly technical gives the appearance of arrogance.

The saying among trial lawyers is that it does not matter how much an expert witness knows if he/she cannot explain it to a jury in a way they can understand. Geoscientist and geologist expert witness Robin Franks explains. Q. Ms. Franks, why is it so difficult for some expert witnesses to make their testimony understandable? Some forget to use

March 18, 2014

Abuse of Expert Witnesses by Retaining Counsel

Some of the more common abuses retaining counsel engage in include; Non-payment of the expert witness’s fee, Unethical behavior by retaining counsel, Purposefully conflicting the expert witness out of the case.

Abuse of expert witnesses is very common according to James J. Mangraviti Jr., Esq. Here is what attorney Mangraviti had to say about this abuse. Q. Attorney Mangraviti, how common is abuse of expert witnesses by retaining counsel? All too common. When I teach and mentor expert witnesses I emphasize to them that they are far more likely to be