By James J. Mangraviti, Jr., Esq. Introduction I have had the pleasure of teaching and advising expert witnesses for a long time. One of the most frequently asked questions I get from clients and students is how to obtain more defense expert witness work. Note that when I refer to “defense expert witness work” [...]
By James J. Mangraviti, Jr., Esq. Introduction I have been helping professionals become expert witnesses for over 25 years. One of the most common questions I get asked these days is whether an expert witness should form an LLC. The assumption behind this question is that the entity, a limited liability company, will protect [...]
By James J. Mangraviti, Jr., Esq. Introduction to Expert Witness Marketing Serving as an expert witness can be both intellectually and financially rewarding. In terms of financial rewards, expert witnesses are typically compensated for their time in the range of $250-$1,000 hour. How financially successful a particular expert witness will become is a function [...]
By James J. Mangraviti, Jr., Esq. Introduction Trials are very risky and very expensive. Because trials are so expensive and so risky, the vast majority of cases resolve by way of settlement. Since so many cases settle, expert witnesses are typically far more likely to give their testimony at an expert witness deposition instead [...]
By James J. Mangraviti, Jr., Esq. Introduction Expert witnessing can be a challenging endeavor. Fortunately, many of the issues experts face can be mitigated or eliminated by using a well-drafted expert witness contract. The below post provides advice on what to include in your expert witness contract. At the end of this post there [...]
By James J. Mangraviti, Jr., Esq. Introduction Expert witness cross-examination can be the part of serving as an expert witness that expert’s most worry about. It shouldn’t be. A properly prepared and trained expert witness can easily survive and thrive during cross examination. In fact, for a well-trained and prepared witness, expert witness cross [...]
By James J. Mangraviti, Jr., Esq. Introduction – What is an Expert Witness? Before we delve into what is included in an expert witness report, we should briefly discuss what an expert witness is. Expert witnesses (also known as opinion witnesses) are witnesses in court cases who are allowed to offer their professional opinions [...]
The state of North Dakota does not explicitly follow either the Daubert or Frye test for the admissibility of expert witness testimony. State v. Hernandez, 707 N.W.2d 449 (N.D. 2005). However, North Dakota’s rules closely mirror the test established in Daubert. Id. Under North Dakota’s Rules of Evidence, Rule 702, experts are able to [...]
The state of Vermont follows the Daubert test for the admissibility of expert witness testimony. USGen New England, Inc. v. Town of Rockingham, 862 A.2d 269 (Vt. 2004). Under this test, the court should analyze four factors to determine if expert testimony is admissible. Id. The factors are: “(1) whether the scientific technique or [...]
By: James J. Mangraviti, Jr., Esq. Introduction For most physicians in practice, how much they can charge for their services is often determined by reimbursement rates set by the government or insurance companies. Expert witness work is, by stark contrast, a free market with no artificially set rates. A question I am often asked [...]