By James J. Mangraviti, Jr., Esq.
Most trial lawyers will start their investigation of an opposing expert witness by obtaining any and all past and present copies of the expert’s curriculum vitae (CV). Many experts have more than one CV. A possible danger is that the use of multiple CVs by an expert witness may imply bias on the part of the expert. Please consider the following sample cross-examination of an expert witness with multiple CVs.
Example: “Plaintiff CV and defendant CV”
Q. As I understand it, you solicit work from both plaintiffs and defendants?
A. I testify for both sides, yes.
Q. And you intentionally alter the CV that you send out depending on whether or not you are soliciting business from plaintiff’s lawyers or defense lawyers?
A. I don’t alter it, I just use two different CVs.
Q. Each with different selective information that you want to convey?
A. Highlights different portions of my experience.
Q. And it conceals other aspects, correct?
A. Less relevant information is not mentioned.
Q. You do remove information from your CV, depending on whom you send it to?
A. Yes.
Q. How are we to believe that your testimony here today is the whole truth when your own resume is a collection of selective information, intentional omissions, and half-truths?
Conclusion: If an expert witness has multiple CVs, these can be used against the expert. It is best for experts to maintain and use only one CV.
James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses through seminars, conferences, corporate training, training for professional societies, and training for governmental agencies including the FBI, IRS, NYPD, Secret Service, and Department of Defense. He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses for upcoming testimony. Mr. Mangraviti assists expert witnesses one-on-one with report writing, mentoring, and practice development. He is a former litigator who currently serves as Principal of the expert witness training company SEAK, Inc. (www.testifyingtraining.com). Mr. Mangraviti received his BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. Mr. Mangraviti has designed dozens of expert witness training programs and has personally taught experts in a group setting over 200 times since 1997. He is the co-author of thirty books, including:
How to Be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing How to Write an Expert Witness Report; How to Prepare Your Expert Witness for Deposition; The Biggest Mistakes Expert Witnesses Make and How to Avoid Them; and How to Market Your Expert Witness Practice: Evidence-Based Best Practices.
Phone: 978-276-1234 Email: jim@seak.com