Expert Witness Blog

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

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

March 18, 2014

High Profile Cases for Expert Witnesses

Experts involved in the glare of high profile cases face intense scrutiny and stress which can impact them and their careers.

The old adages “there is no such thing as bad publicity” and “any publicity is good publicity” may not hold true for expert witnesses. Experts involved in the glare of high profile cases face intense scrutiny and stress which can impact them and their careers. Ms. Alyce LaViolette, who was on the witness stand for 12 days in the Jodi

March 18, 2014

Why Expert Witnesses Need to be Worried About Daubert Hearings

These experts need to be concerned and protect themselves according to the US Department of Justice Attorney Adam Bain. What can expert witnesses do to protect themselves from Daubert disqualifications?

How concerned should expert witnesses be when they are challenged in a Daubert hearing? These experts need to be concerned and protect themselves according to the US Department of Justice Attorney Adam Bain. Here is what Attorney Bain had to say on the subject. Q. Attorney Bain, why are Daubert hearings becoming increasingly important for expert witnesses? Daubert hearings are

March 18, 2014

Should expert witnesses try to persuade the jury and if so how?

Jury consultant Edward Schwartz, PhD explains; It is not the expert’s job to persuade anyone of anything. Too many experts try to be advocates...

Expert witnesses and attorneys understand that often how the expert himself may be just as important as what they have to say. Jury consultant Edward Schwartz, PhD explains. Q. Should expert witnesses try to persuade the jury and if so, what techniques are effective? It is not the expert’s job to persuade anyone of anything. Too many experts try to

March 18, 2014

How Expert Witnesses Can effectively present complex scientific material

Jury consultant Edward Schwartz, PhD explains; view testimony as a teaching opportunity. Think of your jurors as moderately interested college freshmen. Being a good teacher buys a witness a lot of credibility.

Jury consultant Edward Schwartz, PhD explains. Q. How Expert Witnesses Can effectively present complex scientific material? Most experts have, at one point or another in their careers, been teachers. View testimony as a teaching opportunity. Think of your jurors as moderately interested college freshmen. Being a good teacher buys a witness a lot of credibility. Don’t forget to convey why

March 18, 2014

How Expert Witnesses Turn Off Jurors

Jury consultant Edward Schwartz, PhD explains; Arrogance is a real turn off. An expert would be wise to never justify an opinion with reference to “my three advanced degrees and twenty years in the field.”

Jury consultant Edward Schwartz, PhD explains. Q. What kinds of things turn off jurors? Arrogance is a real turn off. An expert would be wise to never justify an opinion with reference to “my three advanced degrees and twenty years in the field.” Also, an expert would do well to avoid jargon whenever possible. No juror wants to feel as