Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
August 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 moreOctober 30, 2018
How to Write a CurriculumVitae (CV) For Expert Witness Work
Hi, my name is Steve Babitsky. I’m the President of SEAK, and I’m here today with Attorney James Mangraviti from SEAK. We’re going to be talking about a curriculum vitae for expert witnesses. Jim, why is it important for expert witnesses to have a curriculum vitae or CV? Jim Mangraviti: A very simple reason, you’re not going to get hired
Read moreJune 7, 2018
The Biggest Mistakes Experts Make in Succession Planning
Steven Babitsky, Esq. Many successful expert witnesses have viable and profitable businesses. The desire to “keep at it” often prevents experts from forming a viable succession plan. In fact, well thought out succession plans often enable expert witnesses to continue working, be more selective in their assignments, and provide income when they do decide to retire. The biggest mistakes experts
Read moreMay 17, 2018
Daubert Expert on Risk Assessment for Expert Witness Challenges
By Steven Babitsky, Esq. Expert witnesses of all specialties are facing an increasing numbers of Daubert challenges. The admissibility rate varies by area of expertise. Physicians, when testifying in certain areas, have approximately a 50% exclusion rate with many financial experts (fraud 52% and intellectual property 51%) a little higher.[1] What can and should expert witnesses do to judge their
Read moreNovember 7, 2017
How Patent Expert Witnesses Can Assist Retaining Counsel with Prior Art Discovery
Excerpted from SEAK’s Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques On the prior art side, this is where I find experts to be very helpful, would be what was, if we go back in time to the relevant invention date of, like, say, 1998, what other companies that were out there that are now
Read moreNovember 7, 2017
Doctrine of Equivalents Opinions and the Patent Expert Witness
Excerpted from SEAK’s Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Now there’s a doctrine of equivalents and this is something we’re experts are called upon quite a bit and this is a really tricky area of the law. So it’s doctrine of equivalents or DOE as we like to abbreviate everything. So even if
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