Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
October 29, 2021

How often does an expert witness have to go to court?

A discussion from SEAK on how often expert witnesses have to go to court - the short answer is, not often.

By James J. Mangraviti, Jr. Esq. One of the concerns that prospective expert witnesses often express is that “I don’t have time to be in court all the time.” The belief that expert witnesses spend a significant amount of time in court is usually a false one.  In fact, for most experts who are retained in civil cases it is

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October 15, 2021

Who decides if an expert witness is qualified?

By James J. Mangraviti, Jr. Esq. An expert witness must be qualified to give all the opinions which the expert proposes to give in a particular case. That begs the question of who decides if an expert witness is qualified. There are actually many people who decide if an expert witness is qualified in a particular case. These include: The

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October 8, 2021

Expert Witness Testimony: The Three Biggest Mistakes Witnesses Make When Providing Expert Witness Testimony at Deposition and Trial

A discussion of the biggest mistakes expert witnesses make when giving expert witness testimony.

By James J. Mangraviti, Jr. Esq. I have had the honor and pleasure of teaching, training, and preparing expert witnesses since 1996.  Over the years, I have seen expert witnesses repeatedly make the same mistakes when providing their expert witness testimony.  These mistakes when providing expert witness testimony are typically 100% avoidable.  The three most common expert witness testimony mistakes

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October 7, 2021

Expert Witness Disclosure: Background and Advice for Expert Witnesses

We will explain the required elements of an expert witness disclosure. We will provide suggestions for experts in preparing an expert witness disclosure.

Introduction: Expert Witness Disclosures Persons who serve as expert witnesses are often asked to provide, or help to provide, an expert witness disclosure.  In this post we will explain the purpose and required elements of an expert witness disclosure. I will also provide suggestions for experts in preparing an expert witness disclosure. What is the purpose of an expert witness

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October 7, 2021

What is an expert witness?

As an attorney who trains expert witnesses I am often asked to explain or define what is an expert witness. The short answer is...

As an attorney who trains expert witnesses I am often asked to explain or define what is an expert witness.  The short answer is that an expert witness is a special kind of witness in a court case who is allowed to testify as to their opinions.  In some states expert witnesses are actually called “opinion witnesses.” An expert witness

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September 17, 2021

Expert Witness Definition and Qualifications

Expert Witness Definition and Qualifications. Find out about the Legal Requirements to Qualify As an Expert Witness.

What is the Definition of an Expert Witness? The Legal Requirements to Qualify As an Expert Witness Federal Rule of Evidence 702 governs the qualifications of expert witnesses. Fed. R. Evid. 702. Expert Witness Testimony Expert Witness Definition If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue,

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September 17, 2021

Expert Witness Code of Conduct

Expert Witness Code of Conduct and ethical standards of their professional organizations and certifying bodies can be fertile area of cross-examination.

What is the Expert Witness Code of Conduct? Expert witnesses need a full understanding of the moral, legal, and financial reasons for acting in an ethical manner.  Violating the expert witness code of conduct can be and, in many cases, will be subject to a variety of sanctions including prosecution for perjury, civil suits, monetary sanction by the court, professional

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August 27, 2021

Does HIPPA Prevent a Medical Expert Witness from Reviewing and Discussing Medical Records?

A discussion about how HIPPA applies to expert witness work with citations to provisions allowing experts to review records.

By Kelly Wilbur, Esq. One of the main components of expert witness assignments, when a plaintiff’s medical condition or status is involved, is reviewing medical records. This often begs the question, does HIPPA permit the disclosure of such records so the records may be reviewed by the expert witness? The short answer is YES. The Health Insurance Portability and Accountability Act

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August 3, 2021

Expert Witness for Class Action Certification

By Kelly J. Wilbur, Esq. Expert witnesses may be retained to assist in the certification process for a class action lawsuit. These assignments are typically extremely lucrative. The lawyers will usually be willing to pay for top quality work-which takes time. Such assignments are also extremely high stakes. Whether or not a class can be certified can determine if litigation

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April 6, 2021

Expert Witness Business Development: How Many Prospective SEAK Expert Witnesses Will Attorneys Contact for a Case?

A discussion of the number of experts attorneys reach out to and what that means for expert witness business development.

By Kelly Wilbur, Esq. How many expert witnesses will attorneys contact at a time for a new assignment and what does that mean for expert witness business development?  For attorneys using SEAK’s Expert Witness Directory the mode is 1 expert witness, the median is 1 expert witness and the average is 1.22 expert witnesses.  What this boils down to is that

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