How much time are expert witnesses testifying at deposition permitted to charge for preparation time? In the absence of time sheets documenting the actual time spent, some courts have adopted a rule of thumb (i.e. 3 hours preparation for each hour expert testifies.) The court, in EL CAMINO RESOURCES, LTD. v. Huntington National Bank, Dist. [...]
Videotaped depositions of expert witnesses are being used with increased frequency. During impeachment, clips from a videotaped deposition can make a dramatic impression on the jury or fact finder. Preparing an expert for videotaped deposition means you will have to concern yourself with the additional issues of the expert’s: • General appearance, • Distracting or [...]
Expert witnesses of all disciplines actually have more at risk during their depositions than the lawyers who retain them. While trial lawyers may have dozens or even hundreds of cases they are working on, the experts they retain whether they be medical experts, patent experts, psychologists etc. only have one reputation at risk each time [...]
Opposing counsel generally can have one or more overall objectives for deposing an expert witness. Counsel may want to set up the expert for a Daubert challenge or use his answers for another pre-trial motion. Opposing counsel can be expected to prepare very diligently for an expert’s deposition. To excel, your expert must prepare as [...]
It is usually important to explain to your expert witness some of the rules and procedures governing depositions and why these are important to the expert witness. The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as: • “Off the record” merely means that the [...]
In the end, most trials boil down to one issue and only one issue—credibility. Therefore, the adverse party may try to subtly, or not so subtly, impeach or reduce the credibility of an expert witness. This is completely proper. This section is designed to teach, in a very basic way, some of the evidentiary rules dealing with an [...]
Expert Witness Conflict of Interest Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include a financial or personal relationship to an opposing party or lawyer in the case. A potential bias could include a financial or personal relationship to the party or lawyer who is [...]
SEAK can teach you how to quickly and dramatically improve your deposition skills. Please join us in San Diego on Saturday-Sunday, January 25-26, 2014 for How to Excel at Your Expert Witness Deposition. This is SEAK’s highly acclaimed, fast moving, content rich deposition skills training program. We feature videos of experts testifying at depositions in [...]
Please join us for How to Start, Build, and Run a Successful Expert Witness Practice on Thursday-Friday, January 23-24, 2014 in San Diego, California. This is SEAK’s signature expert witness practice management training program. It is designed for both prospective and experienced expert witnesses. We will show you: How to exceed the expectations of retaining [...]
Expert witnessing can be an excellent way for professors to supplement their incomes. Expert witnesses earn hundreds of dollars per hour for their time (I recently had a marketing professor in my class who billed his time out at $650/hour). Best of all, most expert witness work consists of research, document review, report writing and [...]