Experienced expert witnesses recognize that most of the challenges and programs they face is in fact with retaining and not opposing counsel. Attorney Steven Babitsky, president of SEAK, Inc. has identified the top 11 abuses that experts need to be aware of. These include: Failure to pay Refusal to prepare you Refusal to protect you [...]
When can expert witnesses be impeached with their prior criminal conviction? Federal Rule of Evidence 609 provides: (a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more [...]
When a plaintiff claims that a juvenile detention facility negligently hired, trained, and supervised personnel resulting in a death, expert testimony is required. The US district court, in the case of Grimes v. District of Columbia, 923 F. Supp. 2d 196 - Dist. Court, Dist. of Columbia 2013 stated: Expert testimony on the applicable standard [...]
Career Ending Mistakes for Expert Witnesses What are the biggest traps that expert witnesses fall into that can end or impact their careers? Attorney James Mangraviti, Jr. explains: Working for two opposing sides on the same case Misplacing key documents or evidence Altering evidence without permission Working for an incompetent, dishonest, or inexperienced lawyer Letters [...]
What questions you should be prepared to answer during your first interview by counsel? Attorney Quentin Brogdon suggests the following: 1. “Are you the best expert?” 2. “What makes you qualified?” 3. “Ever been prevented from testifying?” 4. “Anticipate expert deadline causing any problem?” 5. “What do you need?” 6. “Ever testified for or against [...]
How far can opposing counsel go in forcing expert witnesses to disclose their tax returns, financial records, and 1099s? Attorney James Rotondo explains: Expert’s Tax Reports, Financial Records/1099s As part of an effort to impeach an opposing expert witnesses, the cross-examining attorney may request an expert’s financial information in the form of tax or financial [...]
What do expert witnesses need to know about the preparation and use of diagrams, models, and maps at trial? Attorney Timothy S. Tomasik explains: Diagrams/Models/Maps Diagrams, models and maps, have nearly the same foundation requirements as videos and photographs. Generally, diagrams, models, and maps are admissible at the sole discretion of the trial court judge [...]
Attorney James Mizgala speaking at the SEAK National Expert Witness Conference explained: A.   How opposing counsel prepares to take your deposition The lawyer taking your deposition will be intimately familiar with your report. By the time of your deposition, he or she will also: –      Know your background. –      Understand the role you play in [...]
Jeff Balcombe, CPA speaking at the SEAK National Expert Witness Conference gave attendees the following practical tips on expert witness report writing: Stay within your area of expertise Proactively address all key facts, including ones that are contrary to or mitigate your conclusions Don’t be like Sgt. Schultz of Hogan’s Heroes: "I hear nothing, I [...]
Expert witnesses should be familiar with the instructions jurors are given about expert witnesses. Judge Peter Lauriat speaking at the SEAK National Expert Witness Conference in Chicago set forth the jury instructions for expert witnesses: JURY INSTRUCTION - EXPERT WITNESSES Commonwealth v. Hinds, 450 Mass. 1 (2007) Ladies and gentlemen of the jury, let me [...]