Expert Witness Blog

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

December 19, 2012

Expert Witness Report Example

When drafting an expert report, it is often helpful to review model reports prepared by other expert witnesses. The following expert witness report example is excerpted from SEAK’s text

Expert Witness Report Example Free Whitepaper: How to Draft a Powerful, Persuasive, and Understandable Expert Witness Report ——————————————————————————————— Below is an example of an expert witness report: The following represents my Rule 26 Report in the matter of Hurt v. Brown & Drecker. It is based on review of materials submitted to me by your office (enumerated later),

December 18, 2012

How to Start Providing Expert Witness Services

Expert Witnessing is a one strike and you are out environment, those providing expert witness services will want to deliver a superior work product and avoid traps for the unwary.

How to Get Going Providing Expert Witness Services Providing expert witness services is, in a certain sense, a very simple and easy business to get into. The three practical things you will need are: 1) Some experience, knowledge, skill, or training that a litigator may find of use in a case. 2) A curriculum vitae (CV) 3) An expert witness

December 18, 2012

Types of Expert Witnesses

As someone who focuses in a sub area of expertise, the niche expert witness will tend to be more knowledgeable and more in demand by litigators. Many types of expert witnesses that we train operate in a niche or sub niche and are very successful doing so

Types of Expert Witnesses I am often asked who is qualified to become an expert witness. Many qualified people never consider getting into expert witnessing work because “they are not a doctor.” Others may think that their area of expertise is too narrow. Let’s debunk both of these common misconceptions. First of all, you don’t need to be a PhD,

December 18, 2012

Expert Witness Liability

The law on expert witness liability is somewhat sparse and varies from state to state, but the expert should note the following four general guidelines...

What is the legal liability of an expert witness The law generally affords certain immunities to an expert witness from civil liability stemming from testimony or communications made in the course of litigation. The law on this subject is somewhat sparse and varies from state to state, but the expert witness should note the following four general guidelines. Expert witnesses

December 18, 2012

Role of An Expert Witness

Expert witnesses who appear to be hired guns or advocates for their clients rapidly lose credibility. The most effective expert witnesses call cases as they see them. They are advocates for their opinions, not the party who is paying their fees.

Role of An Expert Witness Expert witnesses are allowed under the rules of evidence to “help the trier of fact to understand the evidence or to determine a fact in issue” (See Federal Rule of Evidence 702). The trier of fact in a jury trial is the jury and the trier of fact in a bench trial is the judge.

December 14, 2012

Expert Witness Questions

The questions asked on cross examination will typically be leading ones where the cross examiner tries to tightly control the expert witness and restrict the him to “yes” or “no” responses.

Expert Witness Questions Expert witnesses should anticipate the types of questions which they will face at deposition and during direct and cross examination. The types of questions the expert witness is likely to face while testifying at deposition and during direct and cross examination varies greatly. An expert witness in civil cases is on average 15-20 times more likely to

December 13, 2012

The Ideal Expert Witness Report Format

Expert witnesses should strive to write the best expert witness report possible. A solid report will immensely help the expert witness’s brand.

There is no such thing as a one-size fits all, ideal expert witness report format. Every case is different and every expert witness is different. Indeed, in many cases, retaining counsel may not even want their expert witness to write a report at all. That said, below is a sample expert witness report example outline: Cover Page Assignment Qualifications of

December 12, 2012

Expert Witness Testimony

Unfortunately, few experts receive formal training on; how to better manage the business aspects of a forensic practice, dealing with difficult attorneys..

The need for expert witnesses has never been greater than it is today. Litigants rely on expert witness testimony in the vast majority of all civil cases. Unfortunately, few experts receive formal training in such subjects as the expert’s proper role in the legal system; how to communicate opinions effectively at deposition, at trial, and in a written report; the

December 12, 2012

Forensic Experts – Writing and Publications

Upon cross-examination, the forensic expert who exaggerates about his publications can be at risk.

Forensic experts often get into trouble when listing their writings and publications on their CVs. Care should be taken to be completely accurate in all claims. Was the expert the “author,” a “co-author,” or one of fourteen contributors to an article, chapter, or book? The differences may at first seem subtle and perhaps even insignificant. Upon cross-examination, however, the forensic

December 10, 2012

Expert Witness Notes and Underlining

Experts are frequently questioned at length about notes, underlining, highlighting, and margin notes that appear in their files. Expert Witnesses generally handle notes and underlining in one of four ways:

Expert Witness Notes and Underlining Experts are frequently questioned at length about notes, underlining, highlighting, and margin notes that appear in their files. Opposing counsel will focus like a laser beam on the expert’s notes because these may provide insight into what the expert felt was important. Expert Witnesses generally handle notes and underlining in one of four ways: 1)