Posts discussing how to best manage and grow an expert witness practice.
The US Court of Appeals in US v. Ignasiak, 667 F. 3d 1217 - Court of Appeals, 11th Circuit 2012 reversed the conviction of a physician for health care fraud (dispensing controlled substances.) The court found that the government improperly withheld crucial information about a medical expert who “regularly” testified for the government. The court [...]
Expert witnesses testifying at deposition are entitled to fees for: Deposition preparation Travel to and from the deposition Time spent reviewing the deposition transcript The US Court of Appeals in Halasa v. ITT Educational Services, Inc., 690 F. 3d 844 - Court of Appeals, 7th Circuit 2012 upheld the award of $2,955 to the [...]
How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. [...]
Videotaped depositions of expert witnesses are being used with increased frequency. During impeachment, clips from a videotaped deposition can make a dramatic impression on the jury or fact finder. Preparing an expert for videotaped deposition means you will have to concern yourself with the additional issues of the expert’s: • General appearance, • Distracting or [...]
Expert Witness Conflict of Interest Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include a financial or personal relationship to an opposing party or lawyer in the case. A potential bias could include a financial or personal relationship to the party or lawyer who is [...]
Please join us for How to Start, Build, and Run a Successful Expert Witness Practice on Thursday-Friday, January 23-24, 2014 in San Diego, California. This is SEAK’s signature expert witness practice management training program. It is designed for both prospective and experienced expert witnesses. We will show you: How to exceed the expectations of retaining [...]
Expert witnessing can be an excellent way for professors to supplement their incomes. Expert witnesses earn hundreds of dollars per hour for their time (I recently had a marketing professor in my class who billed his time out at $650/hour). Best of all, most expert witness work consists of research, document review, report writing and [...]
Expert witness qualifications are governed by Federal Rule of Evidence 702 which states: 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’s scientific, technical, or other specialized knowledge will help the trier of fact to [...]
We are often asked if retired people can do expert witness work. The short answer is, yes. Expert witnesses in Federal Court 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 [...]
The US District Court Nevada, in the case of Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. Court, D. Nevada 2013, dealt with the issue of whether the treating orthopedic surgeon, Elkanich, was entitled to an expert witness fee for his deposition. The court found he was, in fact, entitled to an expert witness fee, [...]