Expert Witness Blog

Testimony

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
December 30, 2013

Expert Witnesses Are At Risk During Depositions: 5 Things To Watch Out For

Expert witnesses have more at risk during their depositions than the lawyers who retain them. Here are 5 things expert witnesses need to be aware of before they are deposed.

Expert witnesses of all disciplines actually have more at risk during their depositions than the lawyers who retain them. While trial lawyers may have dozens or even hundreds of cases they are working on, the experts they retain whether they be medical experts, patent experts, psychologists etc. only have one reputation at risk each time they are deposed. Here are

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December 24, 2013

How Attorneys Can Explain the Strategies and Goals of Opposing Counsel to Your Expert Witness

Opposing counsel can be expected to prepare diligently for an expert’s deposition. To excel, your expert must prepare as hard or harder. These include...

Opposing counsel generally can have one or more overall objectives for deposing an expert witness. Counsel may want to set up the expert for a Daubert challenge or use his answers for another pre-trial motion. Opposing counsel can be expected to prepare very diligently for an expert’s deposition. To excel, your expert must prepare as hard or harder. Opposing counsel’s

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December 24, 2013

What You Should Make Sure Your Expert Witness Knows about Deposition Law and Procedure

The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as:

It is usually important to explain to your expert witness some of the rules and procedures governing depositions and why these are important to the expert witness. The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as: • “Off the record” merely means that the court reporter is not recording

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December 24, 2013

Expert Witness Bias and Prior Inconsistent Statements

Although bias attacks go to the weight, and not the admissibility, of expert opinions, bias attacks can be very effective as bias is something the jury is likely to understand

In the end, most trials boil down to one issue and only one issue—credibility. Therefore, the adverse party may try to subtly, or not so subtly, impeach or reduce the credibility of an expert witness. This is completely proper. This section is designed to teach, in a very basic way, some of the evidentiary rules dealing with an attorney’s assault against an expert’s credibility.

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December 10, 2013

Upcoming SEAK Intensive Expert Witness Deposition Training

SEAK can teach you how to quickly and dramatically improve your deposition skills. Please join us in San Diego on Saturday-Sunday, January 25-26, 2014 for How to Excel at Your Expert Witness Deposition. This is SEAK’s highly acclaimed, fast moving, content rich deposition skills training program. We feature videos of experts testifying at depositions in real cases and numerous interactive

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March 1, 2013

The Biggest Mistakes Utility Expert Witnesses Make When Testifying in Front of Administrative Agencies

Utility expert witnesses may be perceived as being biased, bought and paid for and constructed to achieve a specific result.

The Biggest Mistakes Utility Expert Witnesses Make When Testifying in Front of Administrative Agencies   Utility expert witnesses have many issues to deal with and overcome to achieve successful, persuasive testimony. Their testimony may be perceived as being biased, bought and paid for and constructed to achieve a specific result. The utility expert witnesses who avoid the biggest mistakes often

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January 24, 2013

Tips on how to be an Effective Expert Witness

Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented tips on how to be an effective expert witness.

Tips on how to be an Effective Expert Witness By: Steven Babitsky, Esq. Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented some tips on how to be an effective expert witness. Here is what he said about direct examination: Preparation and organization You are a “teacher” on the stand;

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January 9, 2013

Expert Witness Trial Preparation

Preparing an expert witness for trial is critical and is your job as retaining counsel. We recommend the following protocol for how to prepare an expert witness for trial:

Expert Witness Trial Preparation Preparing an expert witness for trial is critical and is your job as retaining counsel.  We recommend the following protocol for how to prepare an expert witness for trial: Obtain past trial transcripts of your expert witness and opposing counsel. Orient your expert witness Explain the likely goals of retaining counsel and how counsel will try

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December 12, 2012

Expert Witness Testimony

Unfortunately, few experts receive formal training on; how to better manage the business aspects of a forensic practice, dealing with difficult attorneys..

The need for expert witnesses has never been greater than it is today.  Litigants rely on expert witness testimony in the vast majority of all civil cases. Unfortunately, few experts receive formal training in such subjects as the expert’s proper role in the legal system; how to communicate opinions effectively at deposition, at trial, and in a written report; the

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December 7, 2012

Direct Examination of an Expert Witness

During direct examination of an expert witness the expert needs to persuade, without appearing to be an advocate or hired gun.

Direct examination of an expert witness is often more challenging than cross examination of an expert witness.  This is because during direct examination of an expert witness the expert needs to persuade without appearing to be an advocate or hired gun. Additionally, the expert witness may need to explain complicated concepts in a potentially dry field of study to a

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