Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
February 6, 2013
Expert Witnesses’ Curriculum Vitae Containing Incorrect Information
This questioning will likely be embarrassing and can damage the credibility of the expert witness. Here is an example from a recent SEAK demonstration..
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 training conference: Q. You produced
Read moreFebruary 6, 2013
Financial expert witness unable to define where the numbers come from
Here is an example that arose during an unscripted demonstration at a recent SEAK Expert Witness Conference:
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 unscripted demonstration at a SEAK
Read moreFebruary 6, 2013
Why having retaining counsel phrasing and writing an expert report can be a problem
Here is an example which arose at an unscripted demonstration during a recent live SEAK expert witness training.
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 have been poorly prepared to
Read moreFebruary 6, 2013
Expert Witness Bias
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
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 case and whether he is
Read moreJanuary 24, 2013
25 Tips for Expert Witnesses
Superior Court Judge (MA) Dennis J. Curran speaking at the SEAK Expert Witness Conference presented 25 practical and important tips for expert witnesses.
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 not. To tell the truth,
Read moreJanuary 23, 2013
Forensic Accounting Expert Witness Biggest Challenges
The biggest challenges Forensic Accounting Experts face in practice, and testifying as expert witnesses are varied and sometimes surprising.
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 the information and/or documentation from
Read moreJanuary 9, 2013
Expert Opinion
To get a sense of the diverse range of expert opinions being offered, you can browse the expert witness specialties and profiles in SEAK’s National Expert Witness Directory
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, which states: Rule 702. Testimony
Read moreJanuary 9, 2013
Expert Witness Qualifications – Who is Qualified to be an Expert Witness
Many expert witnesses have no advanced degree and there are even a good number of expert witnesses who have no college degrees (think Marisa Tomei in My Cousin Vinny).
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’s scientific, technical, or other specialized
Read moreJanuary 9, 2013
Expert Witness Preparation
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:
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 deposition for a favorable time
Read moreJanuary 4, 2013
What Lawyers are Looking for When Selecting and Retaining an Expert Witness
The skills and attributes attorneys are looking for when retaining expert witnesses can be broken down into 10 major abilities...
What Lawyers are Looking for When Selecting and Retaining an Expert Witness We at SEAK Inc. have conducted independent research gathered from trial attorneys across the United States on what they are looking for when selecting and retaining an expert witness. The skills and attributes they are looking for when searching and retaining expert witnesses can be broken down into 10 major
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