Expert Witness Blog

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

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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

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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

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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

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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

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March 18, 2014

What are the biggest mistakes expert witnesses make when testifying?

Jury consultant Edward Schwartz, PhD discusses some of the biggest mistakes expert witnesses make when testifying...

Jury consultant Edward Schwartz, PhD explains.  Q. Dr. Schwartz, what are some of the biggest mistakes expert witnesses make when testifying? A person becomes a true expert by understanding all the nuances, intricacies and subtleties in their chosen field. As such, it can be very uncomfortable to be asked absolute questions on the stand. Many experts resist too hard providing

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March 17, 2014

The Expert Witness’s Role at Arbitration and Mediation

Information technology expert witness Brooks Hilliard discusses how the role of an expert witness can differ dramatically depending on the forum they are testifying in (i.e. trial, arbitration, or mediation.)

The role of an expert witness can differ dramatically depending on the forum they are testifying in (i.e. trial, arbitration, or mediation.) Information technology expert witness Brooks Hilliard explains. Q. Mr. Hilliard, how is the expert witness’s role different at arbitration and mediation? Unlike arbitration (or trial testimony) the expert’s role in mediation generally does not include sworn testimony.  When

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March 17, 2014

Why effective direct examination is crucial for expert witnesses

Here is what CPA and expert witness Gary Trugman, had to say about why effective direct examination is crucial for expert witnesses...

According to CPA and expert witness Gary Trugman, effective direct examination is crucial for expert witnesses. Here is what he had to say: Q. Mr. Trugman, how important is an effective direct examination for expert witnesses? It is crucial. This establishes what the expert did, why it was done, and provides a basis for the expert’s opinions. This is the

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March 17, 2014

Why Expert Witness Report Writing is Critical to an Experts Success

Professor and clinical psychiatrist Kirk Heilbrun, PhD discusses the importance of expert witness writing a clear, understandable, and defensive report.

Experts and attorneys understand that the ability to write a clear, understandable, and defensive report is a requirement to being a successful expert witness. Professor and clinical psychiatrist Kirk Heilbrun, PhD explains. Q. Dr. Heilbrun, how important is report writing ability for the success of expert witnesses? Extremely important.  The report is the substantive foundation on which excellent expert testimony

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March 17, 2014

How do expert witnesses make themselves vulnerable on cross-examination?

How do expert witnesses make themselves vulnerable to effective cross-examination? Attorney John Delany III explains. Q. Attorney Delany, where are expert witnesses most vulnerable on cross-examination? (1)  Prior testimony, articles and reports, (2)  Not knowing the entire file, relevant evidence ,latest studies ,or having complete records, (3)  Assumptions that are wrong, (4)  Going out side their areas of expertise, (5) 

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