Expert Witness Blog

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

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)

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

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

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

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

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