Expert Witness Blog

Expert Witness Practice Development/Management

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
August 6, 2014

Active Clinical Practice Requirements for Medical Expert Witnesses

Find out which states require medical expert witnesses to be actively practicing in order to serve as  an expert witness.

Find out which states require medical expert witnesses to be actively practicing in order to serve as  an expert witness. States which require active clinical practice for a physician to testify as an expert witness in medical malpractice cases generally allow physicians to fulfill this requirement through teaching in a licensed medical program. There are also several states which allow

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March 19, 2014

Why jurors like some expert witnesses and not others

Experts should be calm and comfortable in the courtroom, but poised and interested in the proceedings. Facial expressions and gestures also change a lot, frowns and smiles, head and body positions, in response to the questions being asked and replies being given

Excellent communication skills is crucially important for expert witnesses who wish to excel. OSHA and safety expert witness Chip Darius explains. Q. What factors make an expert witness likeable in the minds of jurors? The expert needs to be more than simply likable. Jurors connect well when the expert is likable, honest, sincere, understandable, natural and relaxed. A natural and

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March 19, 2014

How expert witnesses can get off to a strong start on direct examination

Three main points come to mind. First, prepare a report and know it cold. If retaining counsel has not asked for a report, prepare a summary of expert opinions to ensure all opinions are addressed. Second,

OSHA and safety expert witness Chip Darius explains. Q. How can experts get off to a strong start on direct examination? Three main points come to mind. First, prepare a report and know it cold. If retaining counsel has not asked for a report, prepare a summary of expert opinions to ensure all opinions are addressed. Second, organize and be

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March 19, 2014

Why communication skills are important for expert witnesses

The best expert witnesses are master communicators. They are in command of their written, spoken, and non-verbal communication, and must be able to communicate in a way the judge and jury will receive and understand.

One of the things accomplished expert witnesses learn quickly is: how you say it is just as important as what you are saying. Excellent communication skills is crucially important for expert witnesses who wish to excel. OSHA and safety expert witness Chip Darius explains. Q. Mr. Darius, Why are communication skills important for expert witnesses? The best expert witnesses are

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March 18, 2014

Abuse of Expert Witnesses by Retaining Counsel

Some of the more common abuses retaining counsel engage in include; Non-payment of the expert witness’s fee, Unethical behavior by retaining counsel, Purposefully conflicting the expert witness out of the case.

Abuse of expert witnesses is very common according to James J. Mangraviti Jr., Esq. Here is what attorney Mangraviti had to say about this abuse.  Q. Attorney Mangraviti, how common is abuse of expert witnesses by retaining counsel? All too common.  When I teach and mentor expert witnesses I emphasize to them that they are far more likely to be

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March 18, 2014

High Profile Cases for Expert Witnesses

Experts involved in the glare of high profile cases face intense scrutiny and stress which can impact them and their careers.

The old adages “there is no such thing as bad publicity” and “any publicity is good publicity” may not hold true for expert witnesses. Experts involved in the glare of high profile cases face intense scrutiny and stress which can impact them and their careers. Ms. Alyce LaViolette, who was on the witness stand for 12 days in the Jodi

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March 18, 2014

Why Expert Witnesses Need to be Worried About Daubert Hearings

These experts need to be concerned and protect themselves according to the US Department of Justice Attorney Adam Bain. What can expert witnesses do to protect themselves from Daubert disqualifications?

How concerned should expert witnesses be when they are challenged in a Daubert hearing? These experts need to be concerned and protect themselves according to the US Department of Justice Attorney Adam Bain. Here is what Attorney Bain had to say on the subject. Q. Attorney Bain, why are Daubert hearings becoming increasingly important for expert witnesses? Daubert hearings are

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March 17, 2014

How much assistance can Expert Witnesses expect from retaining counsel at deposition?

Retaining counsel may be helpful both in posing objections and by giving you clues from the form of the objection about what might be the flaw in opposing counsel’s question

In a recent interview, Forensic psychiatrist Thomas Gutheil, MD, answers the question; How much assistance can Expert Witnesses expect from retaining counsel at deposition? Retaining counsel may be helpful both in posing objections and by giving you clues from the form of the objection about what might be the flaw in opposing counsel’s question. However, retaining counsel cannot tell you

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March 17, 2014

How Expert Witnesses can deal with abusive opposing counsel at deposition

Forensic psychiatrist Thomas Gutheil, MD answers the question; Q. How do you deal with the confrontational abusive opposing counsel at deposition? I let it wash over me, as if I were dealing with a personality disordered patient. Remaining cool under fire is an essential expert skill. Answer the question underneath the fury. —————– Dr. Gutheil will be speaking at the

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March 15, 2014

What are some of the biggest mistakes expert witnesses make in their marketing?

In many instances one client is worth eight, ten, fifteen thousand dollars or more yet they are afraid to spend a few hundred or a few thousand dollars to get the visibility

Interview with Restaurant expert witness Howard Cannon discusses: Q. What are some of the biggest mistakes expert witnesses make in their marketing? A. I believe the 3 biggest mistake experts make in their marketing is that: 1] They do not consider the ROI [return on investment] of their marketing plans and budgets. In many instances one client is worth eight, ten,

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