Posts discussing how to best manage and grow an expert witness practice.
Expert Witnesses’ Self-Inflicted Wounds By: Steven Babitsky, Esq. Many expert witnesses create problems for themselves with the things they say in their CVs, webpages, and reports. All of these self-created problems are completely avoidable with a little judicious self-editing. Here are just a few examples of some of these self-inflicted wounds that I have come [...]
Expert Witnesses’ Curriculum Vitae By: Steven Babitsky, Esq. An expert witness who has a sloppy curriculum vitae (CV) containing incorrect information is inviting questioning by opposing counsel. This questioning will likely be embarrassing and can damage the credibility of the expert witness. Here is an example from a demonstration at a recent SEAK expert witness [...]
Financial Expert Witnesses By: Steven Babitsky, Esq. Any expert witness who deals with numbers, valuations, discounts, etc. must be able to clearly and articulately explain where the numbers come from. Many of these experts are, in fact, unable to do so while under stress during their deposition. Here is an example that arose during an [...]
Expert Witness Reports By: Steven Babitsky, Esq. Expert witnesses are getting more and more “help” from retaining counsel in phrasing and writing their reports. Counsel will often include legal terms or phrases in the expert’s report to make sure it is legally sufficient and can withstand scrutiny. The problem for expert witnesses arises when they [...]
Expert Witness Bias By: Steven Babitsky, Esq. When expert witnesses use inflammatory language in their report or testimony, they run the risk of losing their impartiality and being accused of being biased. Each time the jury or fact finder hears one of these words they may wonder how emotionally involved the expert is in the [...]
25 TIPS FOR EXPERT WITNESSES By: Steven Babitsky, Esq. Massachusetts Superior Court Judge and former trial attorney Dennis J. Curran speaking at the SEAK National Expert Witness Conference presented 25 practical and important tips for the expert witness. The primary and most fundamental advice is to TELL THE TRUTH. This sounds easy, but it is [...]
Forensic accountants have to use their investigative skills to locate money, evaluate fair damages, investigating fraud, etc. The biggest challenges they face in practicing forensic accounting and testifying as expert witnesses are varied and sometimes surprising. We asked a group of forensic accountants what their biggest challenges were and here is how they replied: Getting [...]
Expert Opinion Normally, witnesses in a trial are limited to testifying to what they have perceived. That is, what they saw, smelled, tasted, heard, etc. An expert witness is a special kind of witness. An expert witness can offer an expert opinion when testifying. Expert witness testimony is governed by Federal Rule of Evidence 702, [...]
Expert Witness Qualifications The qualifications required of an expert witness are governed by Federal Rule of Evidence 702, which states: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the [...]
Expert Witness Preparation for Depositions Attorneys should understand how to prepare an expert witness for deposition. Proper expert witness preparation is critical and is your job as retaining counsel. We recommend the following protocol for preparing an expert witness for a deposition: Obtain past deposition transcripts of your expert witness and opposing counsel. Schedule the [...]