The Supreme Court of the State of Oklahoma (Ellison v. Campbell, Case # 108468, March 11, 2014) has upheld a $408,000 verdict against an expert witness for breach of contract. The expert was accused of and admitted at deposition to substandard performance in preparing expert materials in the underlying litigation. The damages were calculated as [...]
The US Supreme Court recently heard the death penalty case of Hall v. Florida. One of the key issues in the case was the margin of error for the IQ test administered to Mr. Hall. In the test in question Hall registered as having an IQ of 71 (although a prior test result was registered [...]
Expert witnesses assist retaining counsel in a variety of ways in addition to testifying. Beth Bochnak, speaking at the National Expert Witness Conference explained 4 main ways expert witnesses can assist counsel: The Expert Witness Is a Tool Support Counsel Testimony should support the position counsel presents If unable to support, withdraw Suggest someone else [...]
If you sat down with a trial and jury consultant what advice would you give to expert witnesses? Beth Bochnak, speaking at the SEAK National Expert Witness Conference gave the following advice to expert witnesses: What Do Jurors Want to Hear? 1) Jurors want you to: a) Explain complex material in everyday terms b) Describe [...]
What advice do judges give to expert witnesses about how to be a more effective expert? Judge Russell Canan, speaking at the SEAK National Expert Witness Conference gave this advice to experts. Preparation: a. Review background and experience with attorney. b. Attorney should review entire case with expert prior to the expert completing the 12(b)(6) statement [...]
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 [...]