Posts discussing how to best manage and grow an expert witness practice.
Types of Expert Witnesses I am often asked who is qualified to become an expert witness. Many qualified people never consider getting into expert witnessing work because “they are not a doctor.” Others may think that their area of expertise is too narrow. Let’s debunk both of these common misconceptions. First of all, you don’t [...]
What is the legal liability of an expert witness The law generally affords certain immunities to an expert witness from civil liability stemming from testimony or communications made in the course of litigation. The law on this subject is somewhat sparse and varies from state to state, but the expert witness should note the following [...]
Role of An Expert Witness Expert witnesses are allowed under the rules of evidence to “help the trier of fact to understand the evidence or to determine a fact in issue” (See Federal Rule of Evidence 702). The trier of fact in a jury trial is the jury and the trier of fact in a [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
Book Review: How to Prepare Your Expert Witness for Deposition James J. Mangraviti, Jr., Esq. and Steven Babitsky, Esq., SEAK, Inc. 2012, 359 pp. Book Review by Michael D. Pakter As medicine, technology, finance and industry have become more complex, taking in 21st century thinking and advances, the use of experts in litigation has become [...]