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The Pyramid Problem at Forensic Accounting Firms

Nadine Nasser Donovan, Esq. Steven Babitsky, Esq.   What is the pyramid problem? Many forensic accounting firms whose employees act as expert witnesses suffer from a serious “pyramid problem.” This is a term we at SEAK Inc. use to describe a company which has many accountants performing expert witness work, yet just a select few [...]

By |2019-12-02T12:12:38-05:00December 2nd, 2019|Uncategorized|Comments Off on The Pyramid Problem at Forensic Accounting Firms

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. [...]

By |2019-10-09T16:21:26-04:00October 9th, 2019|Blog, Uncategorized|Comments Off on The Biggest Mistakes Expert Witnesses Make During Their Direct Testimony

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 [...]

By |2019-09-28T14:51:15-04:00September 27th, 2019|Uncategorized|Comments Off on Studying Opposing Counsel: Preparing for Your Expert Deposition

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 [...]

By |2019-09-13T14:56:15-04:00September 13th, 2019|Blog, Uncategorized|Comments Off on The Most Important Question: Preparing Your Expert Witness for Deposition

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 [...]

By |2019-08-30T12:40:18-04:00August 26th, 2019|Blog, Uncategorized|Comments Off on THE DANGERS OF LAST-MINUTE EXPERT WITNESS ASSIGNMENTS

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 [...]

By |2019-08-26T09:50:43-04:00August 26th, 2019|Uncategorized|Comments Off on 20 Questions Expert Witnesses Should Ask Retaining Counsel Before Testifying at Deposition

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 [...]

By |2019-08-26T09:48:36-04:00August 26th, 2019|Uncategorized|Comments Off on How to Avoid Exclusion of Your Expert Witness Opinions

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 [...]

By |2019-08-23T16:09:51-04:00August 23rd, 2019|Uncategorized|Comments Off on Tips from the Bench for Expert Witnesses

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 [...]

By |2019-08-23T15:16:17-04:00August 23rd, 2019|Blog, Uncategorized|Comments Off on Reasonable Expert Witness Fees: Court Reduces Expert’s Deposition Preparation Fees

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 [...]

By |2019-08-09T11:52:34-04:00August 9th, 2019|Blog, Uncategorized|Comments Off on The Most Common Mistakes Expert Witnesses Make at Deposition