Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
February 20, 2020
Casting Doubt on Psychological Expert’s Competence and Methodology
Steven Babitsky, Esq. How do trial attorneys attack psychologists and psychiatrists during cross-examination? They are being trained to concentrate on the expert’s competence and methodology. Attorney Renee Welze Livingston writes in the January 2020 issue of For the Defense: How Methodical Investigation Can Cast Doubt on a Psychological Expert’s Competence and Methodology. This revealing article makes many recommendations, including: Thoroughly
Read moreJanuary 31, 2020
Expert Fee Arrangements Must be Disclosed
The U.S, District court S.D. Florida dealt with the issue of whether fee arrangements between an expert witness and counsel must be disclosed during discovery. The expert was a loss consultant and was provided with a 10% prelitigation fee for his services. The court ordered the production of the agreement and stated: First, the Court finds that the agreement at
Read moreJanuary 28, 2020
The Biggest Mistakes Lawyers Make in Preparing Their Expert Witness for Deposition
Steven Babitsky, Esq. Introduction Many cases rise and fall based on how your expert witness does at their deposition. Here are some of the biggest mistakes lawyers make when preparing their expert witness. Failure to Ask the Expert Witness What They Are Concerned About Most expert witnesses, even the most experienced ones, have issues that they are worried about coming
Read moreDecember 2, 2019
The Pyramid Problem at Forensic Accounting Firms
Nadine Nasser Donovan, Esq. Steven Babitsky, Esq. What is the pyramid problem? Many forensic accounting firms whose employees act as expert witnesses suffer from a serious “pyramid problem.” This is a term we at SEAK Inc. use to describe a company which has many accountants performing expert witness work, yet just a select few at the top of the
Read moreAugust 26, 2019
THE DANGERS OF LAST-MINUTE EXPERT WITNESS ASSIGNMENTS
By: Jessica Mahon Scoles, Esq. Counsel calls and tells an expert he has an interesting and potentially lucrative case. The catch? The expert needs to be designated almost immediately and her affidavit or report is due soon after. If the expert chooses to accept the case, she is faced with a series of difficult, if not impossible challenges. These may
Read moreAugust 26, 2019
How to Avoid Exclusion of Your Expert Witness Opinions
Expert witnesses are increasingly facing Daubert and other challenges to their expert witness testimony and opinions. What can expert witnesses to do to increase the likelihood that their testimony will survive such challenges? Attorney Adam Bain, writing for SEAK, provides four tips to prevent exclusion of your expert witness opinions. (1) Ensure that you have enough information to reach your
Read moreAugust 23, 2019
Tips from the Bench for Expert Witnesses
Judge Susan Burke, writing for SEAK, offers the following tips for expert witnesses: 1. Highlight Your Relevant Qualifications • Do not ramble on about every residency, professional association, honor, and peer reviewed article. • Focus on relevant experience. • Include memorable experience if possible. • The goal is to demonstrate to the jury that you are so knowledgeable you cannot
Read moreAugust 23, 2019
Reasonable Expert Witness Fees: Court Reduces Expert’s Deposition Preparation Fees
How will the courts determine reasonable fees for expert witness preparation time for a deposition? The United States District Court for the District of Colorado recently spoke on the issue in Sterisil, Inc. v. Proedge Dental Products, Inc., civil action no. 13-cv-01210-REB (U.S. Dist. Ct. D. Colo. Mar. 29, 2019), a patent infringement case. The defendant challenged the reasonableness of
Read moreAugust 9, 2019
The Most Common Mistakes Expert Witnesses Make at Deposition
Even experienced experts can improve their deposition performance by avoiding these common mistakes: 1. Not Actively Listening Many experts do not effectively employ active listening skills at their deposition. Hearing and understanding each and every word in the question is crucial. If you do not understand a question, you should not answer it. 2. Interrupting Counsel Some experts behave as
Read moreJanuary 14, 2019
Do I Really Need Expert Witness Training?
We at SEAK are often asked by new experts should I get some expert witness training before accepting cases. The short answer is yes. As an expert witness you will be expected by counsel who is retaining you to be conversant and familiar with many aspects of expert witness practice. Technically, anyone can usually be an expert witness in their
Read more