Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
December 7, 2012

Direct Examination of an Expert Witness

During direct examination of an expert witness the expert needs to persuade, without appearing to be an advocate or hired gun.

Direct examination of an expert witness is often more challenging than cross examination of an expert witness.  This is because during direct examination of an expert witness the expert needs to persuade without appearing to be an advocate or hired gun. Additionally, the expert witness may need to explain complicated concepts in a potentially dry field of study to a

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December 7, 2012

What Should be Included in an Expert Witness Retainer Agreement

What many expert witness contracts fail to cover are the rights and responsibilities of the expert witness and the attorney who is hiring them. Such a failure leads to many avoidable problems.

What Should be Included in an Expert Witness Retainer Agreement All expert witnesses should have a well-drafted expert witness retainer agreement before providing expert witness services. The expert witness retainer agreement is a contract between the attorney that is retaining the expert and the expert witness.  The well drafted expert witness contract should of course cover issues such as the

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December 7, 2012

How to Draft Your First Expert Witness Report

One of the key functions of an expert witness is to draft an expert witness report. A typical expert witness report should contain...

How to Draft Your First Expert Witness Report One of the key functions of an expert witness is to draft an expert witness report.  There is generally no strict requirement for a particular expert witness report format.  A typical expert witness report example may contain: 1.       The expert witness assignment (i.e. the role of an expert witness in the case

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December 2, 2012

How Attorneys Find Expert Witnesses

We are often asked how attorneys locate expert witnesses. By far, the number one way that attorneys find expert witnesses is...

We are often asked how attorneys locate expert witnesses.  By far, the number one way that attorneys find expert witnesses is through word of mouth.  Attorneys are well connected and readily share information as to which expert witnesses that they have encountered have performed well in the past. Other methods attorneys use to locate expert witnesses include Directories, such as the SEAK Expert

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November 28, 2012

How expert witnesses can benefit from an independent review of their depositions

We have seen expert witnesses demonstrate dramatic improvements after they are provided with such a line-by-line analysis and critique of their deposition.

Most civil cases never go to trial.  The only testimony given in the case will be at deposition.  Expert witnesses commonly testify in 15-20 depositions for every trial appearance they make. Expert witnesses need to excel at their depositions.  This will allow them to provide the highest quality work product and encourage repeat and word of mouth referrals. Many expert

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November 26, 2012

Book Review: How to Prepare Your Expert Witness for Deposition

A practical, detailed and informative guide for attorneys to help their experts prepare for and maximize performance at depositions.

Book Review:  How to Prepare Your Expert Witness for Deposition James J. Mangraviti, Jr., Esq. and Steven Babitsky, Esq.,  SEAK, Inc. 2012, 359 pp. Book Review by Michael D. Pakter As medicine, technology, finance and industry have become more complex, taking in 21st century thinking and advances, the use of experts in litigation has become more common and important. Because

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November 21, 2012

2013 SEAK Expert Witness Conference – Chicago, April 27-28, 2013

Our highly-acclaimed national expert witness conference is only presented once each year. The faculty includes an award winning trial judge, lawyers from top international firms such as Sidley Austin, Weil Gotshal, and Sedwick, nationally known jury consultants and multiple highly successful expert witnesses.

Our highly-acclaimed national expert witness conference is presented only once each year. We have assembled a top notch faculty. Our faculty includes an award winning trial judge, trial lawyers from top international firms such as Sidley Austin, Weil Gotshal, and Sedwick, nationally known jury consultants and multiple highly successful expert witnesses. I have provided a summary of our presentations and

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November 20, 2012

Why Being High Profile May Be Dangerous For Expert Witnesses

Attracting too much attention may result in the expert witness being targeted by either the plaintiff or defense bar. Counsel may attempt to put the expert out of business by putting the expert under continuing intense scrutiny.

Many experts believe that having a high profile is a good thing for an expert witness. The higher the profile, the more likely the expert witness is to attract new clients and business, the thinking goes. Does there come a point when having too high a profile can become counterproductive for an expert witness? Targeted by Bar Flying too close

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October 18, 2012

Advanced Trial Skills Workshop For Expert Witnesses – San Francisco

Advanced Trial Skills Workshop for Expert Witnesses along with How to Excel at Your Expert Witness Deposition is SEAK’s only scheduled West Coast Expert Witness Training in 2013. This is the hands-on intensive training program for expert witnesses who want to raise their trial performance to the next level. Advanced Trial Skills Workshop for Expert Witnesses utilizes numerous interactive role playing

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October 6, 2012

How an Expert Witness should refer to a document at deposition

  Expert witnesses should refer to documents marked as exhibits by using their exhibit numbers. For example, exhibit 1, 4 or exhibit C. Describe the document in question, after using its exhibit number. This will help ensure that the all important deposition transcript accurately reflects your testimony.  

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