Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
October 9, 2019
The Biggest Mistakes Expert Witnesses Make During Their Direct Testimony
By Steven Babitsky Esq. The direct testimony of an expert witness is often more important than cross examination. During direct testimony, the expert has the only opportunity to tell their story in an organized, chronological, and thoughtful way. Here are 17 mistakes experts often make during their direct testimony with the ways to avoid them. 1. Mistake: Not connecting the
Read moreSeptember 27, 2019
Studying Opposing Counsel: Preparing for Your Expert Deposition
Expert witnesses who are to be deposed in challenging cases should consider studying the style of opposing counsel. Expert witnesses of all disciplines, from accident reconstruction to wound care should go beyond looking at counsel’s webpage and maybe a few of her publications. Expert witnesses, with the assistance of retaining counsel, should obtain deposition transcripts/videos of opposing counsel deposing experts
Read moreSeptember 13, 2019
The Most Important Question: Preparing Your Expert Witness for Deposition
Steven Babitsky, Esq. Attorneys who are preparing their expert witness for deposition frequently start with the key aspects of the expert’s anticipated testimony (e.g. opinions, methodologies, etc.). One often overlooked key question is: What are you most concerned about? All expert witnesses, including experienced ones, come to their deposition with concerns, fears, anxieties, etc. These should be dealt with before
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
20 Questions Expert Witnesses Should Ask Retaining Counsel Before Testifying at Deposition
Before testifying at deposition, expert witnesses should request a preparation session with retaining counsel. To make deposition preparation more productive, the expert should have a list of questions ready to ask counsel. Attorney Nadine Nasser Donovan, writing for SEAK, recommends the following 20 questions as a starting point: 1. Do I have everything? 2. What have you told the other
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 moreAugust 7, 2019
EXCELLING AT EXPERT WITNESS DIRECT EXAMINATION: A CHECKLIST FOR EXPERTS
While direct examination is not as emotionally challenging as cross-examination, direct examination is often more difficult for an expert to excel at than cross. During direct examination, the expert must explain material that may be highly complex or dry to a lay audience — the jury. The expert must do so persuasively, but without appearing to be an advocate. Proper
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