Expert Witness Blog

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

February 28, 2014

Your Expert Witness Interview

What questions you should be prepared to answer during your first interview by counsel? Attorney Quentin Brogdon suggests the following: 1. “Are you the best expert?” 2. “What makes you qualified?” 3. “Ever been prevented from testifying?” 4. “Anticipate expert deadline causing any problem?” 5. “What do you need?” 6. “Ever testified for or against opposing party?” 7. Ask about

February 28, 2014

Expert Witness Financials

How far can opposing counsel go in forcing expert witnesses to disclose their tax returns, financial records, and 1099s? Attorney James Rotondo explains: Expert’s Tax Reports, Financial Records/1099s As part of an effort to impeach an opposing expert witnesses, the cross-examining attorney may request an expert’s financial information in the form of tax or financial records. These records are relevant

February 28, 2014

Expert Witnesses and Diagrams/Models and Maps

What do expert witnesses need to know about the preparation and use of diagrams, models, and maps at trial? Attorney Timothy S. Tomasik explains: Diagrams/Models/Maps Diagrams, models and maps, have nearly the same foundation requirements as videos and photographs. Generally, diagrams, models, and maps are admissible at the sole discretion of the trial court judge if they fairly and accurately

February 27, 2014

The Expert Witness Deposition Preparation

Attorney James Mizgala speaking at the SEAK National Expert Witness Conference explained: A. How opposing counsel prepares to take your deposition The lawyer taking your deposition will be intimately familiar with your report. By the time of your deposition, he or she will also: – Know your background. – Understand the role you play in your client’s case. – Understand

February 27, 2014

Practical Tips in Expert Witness Report Writing: For CPAs and Other Experts

Jeff Balcombe, CPA speaking at the SEAK National Expert Witness Conference gave attendees the following practical tips on expert witness report writing: Stay within your area of expertise Proactively address all key facts, including ones that are contrary to or mitigate your conclusions Don’t be like Sgt. Schultz of Hogan’s Heroes: “I hear nothing, I see nothing, I know nothing!”

February 27, 2014

Expert Witness Jury Instructions

Expert witnesses should be familiar with the instructions jurors are given about expert witnesses. Judge Peter Lauriat speaking at the SEAK National Expert Witness Conference in Chicago set forth the jury instructions for expert witnesses: JURY INSTRUCTION – EXPERT WITNESSES Commonwealth v. Hinds, 450 Mass. 1 (2007) Ladies and gentlemen of the jury, let me also instruct you about expert

February 25, 2014

What Attorneys Really Want In An Expert Witness

How can expert witnesses please retaining counsel while still retaining their integrity, credibility, and viability as experts? Attorney Barry Boise speaking at the SEAK National Expert Witness Conference addressed what attorneys are really looking for from experts: I. Credentials A. Qualifications/Professional Credentials 1. Active practice 2. Knowledge of current events and themes 3. Knowledge of events and themes at time

February 25, 2014

Metallurgist on Temperature of Metal Exhaust Tube

Are too many expert witnesses being disqualified from testifying at Daubert hearings? The US court of appeals thought so in the case of United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 – Court of Appeals, 11th Circuit 2013. The court reversed the exclusion of a metallurgist who was retained solely to testify in a products liability

February 25, 2014

Expert Witness Entitled to be Paid for Travel Time

The US district court (D. Virgin Islands) in the case of, Crowell v. RITZ CARLTON HOTEL (VIRGIN ISLANDS), INC., Dist. Court, D. Virgin Islands 2013 dealt with a discovery dispute. The court, being none too pleased with the lack of cooperation in simply taking a deposition was forced to rule on this discovery dispute. The court ordered payment in advance

February 25, 2014

Treating Physician Testifying as Expert Witness

What happens when a treating physician “morphs” into an expert witness. The courts have held that the party offering expert testimony of a treating physician must comply with Rule 26(a)(2)(b) and provide opposing counsel with the expert’s report. The court, in Gann v. DYNASPLINT SYSTEMS, INC., Dist. Court, D. Nevada 2013 stated: Defendant also argues that Plaintiff violated Rule 26(a)(2)(B)