Expert Witness Blog

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

February 6, 2013

Expert Witnesses’ Curriculum Vitae Containing Incorrect Information

This questioning will likely be embarrassing and can damage the credibility of the expert witness. Here is an example from a recent SEAK demonstration..

Expert Witnesses’ Curriculum Vitae By: Steven Babitsky, Esq. An expert witness who has a sloppy curriculum vitae (CV) containing incorrect information is inviting questioning by opposing counsel. This questioning will likely be embarrassing and can damage the credibility of the expert witness. Here is an example from a demonstration at a recent SEAK expert witness training conference: Q. You produced

February 6, 2013

Financial expert witness unable to define where the numbers come from

Here is an example that arose during an unscripted demonstration at a recent SEAK Expert Witness Conference:

Financial Expert Witnesses By: Steven Babitsky, Esq. Any expert witness who deals with numbers, valuations, discounts, etc. must be able to clearly and articulately explain where the numbers come from. Many of these experts are, in fact, unable to do so while under stress during their deposition. Here is an example that arose during an unscripted demonstration at a SEAK

February 6, 2013

Why having retaining counsel phrasing and writing an expert report can be a problem

Here is an example which arose at an unscripted demonstration during a recent live SEAK expert witness training.

Expert Witness Reports By: Steven Babitsky, Esq. Expert witnesses are getting more and more “help” from retaining counsel in phrasing and writing their reports. Counsel will often include legal terms or phrases in the expert’s report to make sure it is legally sufficient and can withstand scrutiny. The problem for expert witnesses arises when they have been poorly prepared to

February 6, 2013

Expert Witness Bias

When expert witnesses use inflammatory language in their report or testimony, they run the risk of losing their impartiality and being accused of being biased

Expert Witness Bias By: Steven Babitsky, Esq. When expert witnesses use inflammatory language in their report or testimony, they run the risk of losing their impartiality and being accused of being biased. Each time the jury or fact finder hears one of these words they may wonder how emotionally involved the expert is in the case and whether he is

January 24, 2013

25 Tips for Expert Witnesses

Superior Court Judge (MA) Dennis J. Curran speaking at the SEAK Expert Witness Conference presented 25 practical and important tips for expert witnesses.

25 TIPS FOR EXPERT WITNESSES By: Steven Babitsky, Esq. Massachusetts Superior Court Judge and former trial attorney Dennis J. Curran speaking at the SEAK National Expert Witness Conference presented 25 practical and important tips for the expert witness. The primary and most fundamental advice is to TELL THE TRUTH. This sounds easy, but it is not. To tell the truth,

January 24, 2013

Tips on how to be an Effective Expert Witness

Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented tips on how to be an effective expert witness.

Tips on how to be an Effective Expert Witness By: Steven Babitsky, Esq. Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented some tips on how to be an effective expert witness. Here is what he said about direct examination: Preparation and organization You are a “teacher” on the stand;

January 23, 2013

Forensic Accounting Expert Witness Biggest Challenges

The biggest challenges Forensic Accounting Experts face in practice, and testifying as expert witnesses are varied and sometimes surprising.

Forensic accountants have to use their investigative skills to locate money, evaluate fair damages, investigating fraud, etc. The biggest challenges they face in practicing forensic accounting and testifying as expert witnesses are varied and sometimes surprising. We asked a group of forensic accountants what their biggest challenges were and here is how they replied: Getting the information and/or documentation from

January 9, 2013

Expert Opinion

To get a sense of the diverse range of expert opinions being offered, you can browse the expert witness specialties and profiles in SEAK’s National Expert Witness Directory

Expert Opinion Normally, witnesses in a trial are limited to testifying to what they have perceived. That is, what they saw, smelled, tasted, heard, etc. An expert witness is a special kind of witness. An expert witness can offer an expert opinion when testifying. Expert witness testimony is governed by Federal Rule of Evidence 702, which states: Rule 702. Testimony

January 9, 2013

Expert Witness Qualifications – Who is Qualified to be an Expert Witness

Many expert witnesses have no advanced degree and there are even a good number of expert witnesses who have no college degrees (think Marisa Tomei in My Cousin Vinny).

Expert Witness Qualifications The qualifications required of an expert witness are governed by Federal Rule of Evidence 702, which states: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized

January 9, 2013

Expert Witness Trial Preparation

Preparing an expert witness for trial is critical and is your job as retaining counsel. We recommend the following protocol for how to prepare an expert witness for trial:

Expert Witness Trial Preparation Preparing an expert witness for trial is critical and is your job as retaining counsel. We recommend the following protocol for how to prepare an expert witness for trial: Obtain past trial transcripts of your expert witness and opposing counsel. Orient your expert witness Explain the likely goals of retaining counsel and how counsel will try