Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
January 19, 2014

Expert Witness Deposition Fees

Expert witnesses testifying at deposition are entitled to fees for: Deposition preparation Travel to and from the deposition Time spent reviewing the deposition transcript   The US Court of Appeals in Halasa v. ITT Educational Services, Inc., 690 F. 3d 844 – Court of Appeals, 7th Circuit 2012 upheld the award of $2,955 to the expert who testified at deposition.

Read more
January 19, 2014

Expert Witness: 3-1 Ratio Deposition Preparation Rule

In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb. The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. Court, WD Michigan 2012 explained:

How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. Court, WD Michigan 2012 explained:

Read more
December 31, 2013

How Attorneys Can Improve How Their Expert Witness Appears on Videotaped Depositions

Videotaped depositions of expert witnesses are being used with increased frequency. During impeachment, clips from a videotaped deposition can make a dramatic impression on the jury or fact finder. Preparing an expert for videotaped deposition means you will have to concern yourself with the additional issues of the expert’s: • General appearance, • Distracting or unpleasant mannerisms, • The pace

Read more
December 30, 2013

Expert Witnesses Are At Risk During Depositions: 5 Things To Watch Out For

Expert witnesses have more at risk during their depositions than the lawyers who retain them. Here are 5 things expert witnesses need to be aware of before they are deposed.

Expert witnesses of all disciplines actually have more at risk during their depositions than the lawyers who retain them. While trial lawyers may have dozens or even hundreds of cases they are working on, the experts they retain whether they be medical experts, patent experts, psychologists etc. only have one reputation at risk each time they are deposed. Here are

Read more
December 24, 2013

How Attorneys Can Explain the Strategies and Goals of Opposing Counsel to Your Expert Witness

Opposing counsel can be expected to prepare diligently for an expert’s deposition. To excel, your expert must prepare as hard or harder. These include...

Opposing counsel generally can have one or more overall objectives for deposing an expert witness. Counsel may want to set up the expert for a Daubert challenge or use his answers for another pre-trial motion. Opposing counsel can be expected to prepare very diligently for an expert’s deposition. To excel, your expert must prepare as hard or harder. Opposing counsel’s

Read more
December 24, 2013

What You Should Make Sure Your Expert Witness Knows about Deposition Law and Procedure

The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as:

It is usually important to explain to your expert witness some of the rules and procedures governing depositions and why these are important to the expert witness. The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as: • “Off the record” merely means that the court reporter is not recording

Read more
December 24, 2013

Expert Witness Bias and Prior Inconsistent Statements

Although bias attacks go to the weight, and not the admissibility, of expert opinions, bias attacks can be very effective as bias is something the jury is likely to understand

In the end, most trials boil down to one issue and only one issue—credibility. Therefore, the adverse party may try to subtly, or not so subtly, impeach or reduce the credibility of an expert witness. This is completely proper. This section is designed to teach, in a very basic way, some of the evidentiary rules dealing with an attorney’s assault against an expert’s credibility.

Read more
December 24, 2013

Expert Witness Conflict of Interest

Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include...

Expert Witness Conflict of Interest Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include a financial or personal relationship to an opposing party or lawyer in the case. A potential bias could include a financial or personal relationship to the party or lawyer who is retaining the expert in the case.

Read more
December 10, 2013

Upcoming SEAK Intensive Expert Witness Deposition Training

SEAK can teach you how to quickly and dramatically improve your deposition skills. Please join us in San Diego on Saturday-Sunday, January 25-26, 2014 for How to Excel at Your Expert Witness Deposition. This is SEAK’s highly acclaimed, fast moving, content rich deposition skills training program. We feature videos of experts testifying at depositions in real cases and numerous interactive

Read more
November 17, 2013

How to Start, Build and Run a Successful Expert Witness Practice

This is SEAK’s signature expert witness practice management training program, designed for both prospective and experienced experts. We will show you how

Please join us for How to Start, Build, and Run a Successful Expert Witness Practice  on Thursday-Friday, January 23-24, 2014 in San Diego, California. This is SEAK’s signature expert witness practice management training program. It is designed for both prospective and experienced expert witnesses. We will show you: How to exceed the expectations of retaining counsel and earn repeat business,

Read more