Expert Witness Blog

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

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

January 9, 2013

Expert Witness Preparation

Proper expert witness preparation is critical and is your job as retaining counsel. We recommend the following protocol for preparing an expert witness for a deposition:

Expert Witness Preparation for Depositions Attorneys should understand how to prepare an expert witness for deposition. Proper expert witness preparation is critical and is your job as retaining counsel. We recommend the following protocol for preparing an expert witness for a deposition: Obtain past deposition transcripts of your expert witness and opposing counsel. Schedule the deposition for a favorable time

January 4, 2013

What Lawyers are Looking for When Selecting and Retaining an Expert Witness

The skills and attributes attorneys are looking for when retaining expert witnesses can be broken down into 10 major abilities...

What Lawyers are Looking for When Selecting and Retaining an Expert Witness We at SEAK Inc. have conducted independent research gathered from trial attorneys across the United States on what they are looking for when selecting and retaining an expert witness. The skills and attributes they are looking for when searching and retaining expert witnesses can be broken down into 10 major

January 2, 2013

How to Find Expert Witnesses

Attorneys use many different methods to locate and find expert witnesses. These include the following:

Attorneys use many different methods to locate expert witnesses. These include the following: Other attorneys – typically a referral from a colleague within the firm or a co-member of a professional association of attorneys such as AAJ or DRI. Experts who opposed the attorney in past cases – attorneys will take note of effective expert witnesses they have come against

December 28, 2012

Workers’ Compensation and AMA Guides Expert Witnesses

The Workers' Compensation expert witness testifying from the 6th Edition of the AMA Guides is vulnerable to cross-examination in numerous areas including:

Workers’ Compensation Expert Witnesses A significant portion of the Workers’ Compensation litigation is now the cross-examination of the Workers’ Compensation AMA Guides expert witness. The Workers’ Compensation Expert is almost exclusively a physician testifying about the presence or lack of permanent impairment in the claimant/injured worker. The Workers’ Compensation expert witness testifying from the 6th Edition of the AMA Guides is vulnerable

December 23, 2012

Trucking Expert Witness Opinion Excluded under Daubert

The U.S. District Court for the Western District of Virginia held that a trucking expert witness opinion did not meet the Daubert Standard.

Trucking Expert Witness Opinion Excluded under Daubert In Call v. Harrison, The U.S. District Court for the Western District of Virginia has held that a trucking expert witness opinion did not meet the reliability threshold imposed by Daubert. The court reasoned: Call offered the expert testimony of a [a Trucking Expert], whose report indicates has many years of experience in