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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
By: Jessica Mahon Scoles, Esq. An expert witness who will be testifying, whether it is at deposition or trial, should be prepared to deal with these 10 routine areas of inquiry. 1. Bias Experts will be cross-examined about their real or imagined bias. Counsel who can demonstrate or raise doubts about the expert’s bias can [...]
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 [...]
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 [...]
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 [...]