Financial Expert Witnesses By: Steven Babitsky, Esq. Any expert witness who deals with numbers, valuations, discounts, etc. must be able to clearly and articulately explain where the numbers come from. Many of these experts are, in fact, unable to do so while under stress during their deposition. Here is an example that arose during an [...]
Expert Witness Reports By: Steven Babitsky, Esq. Expert witnesses are getting more and more “help” from retaining counsel in phrasing and writing their reports. Counsel will often include legal terms or phrases in the expert’s report to make sure it is legally sufficient and can withstand scrutiny. The problem for expert witnesses arises when they [...]
Expert Witness Bias By: Steven Babitsky, Esq. When expert witnesses use inflammatory language in their report or testimony, they run the risk of losing their impartiality and being accused of being biased. Each time the jury or fact finder hears one of these words they may wonder how emotionally involved the expert is in the [...]
25 TIPS FOR EXPERT WITNESSES By: Steven Babitsky, Esq. Massachusetts Superior Court Judge and former trial attorney Dennis J. Curran speaking at the SEAK National Expert Witness Conference presented 25 practical and important tips for the expert witness. The primary and most fundamental advice is to TELL THE TRUTH. This sounds easy, but it is [...]
Tips on how to be an Effective Expert Witness By: Steven Babitsky, Esq. Judge Gregory P. Holder of the Florida 13th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented some tips on how to be an effective expert witness. Here is what he said about direct examination: Preparation and organization You are [...]
Forensic accountants have to use their investigative skills to locate money, evaluate fair damages, investigating fraud, etc. The biggest challenges they face in practicing forensic accounting and testifying as expert witnesses are varied and sometimes surprising. We asked a group of forensic accountants what their biggest challenges were and here is how they replied: Getting [...]
Expert Opinion Normally, witnesses in a trial are limited to testifying to what they have perceived. That is, what they saw, smelled, tasted, heard, etc. An expert witness is a special kind of witness. An expert witness can offer an expert opinion when testifying. Expert witness testimony is governed by Federal Rule of Evidence 702, [...]
Expert Witness Qualifications The qualifications required of an expert witness are governed by Federal Rule of Evidence 702, which states: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the [...]
Expert Witness Trial Preparation Preparing an expert witness for trial is critical and is your job as retaining counsel. We recommend the following protocol for how to prepare an expert witness for trial: Obtain past trial transcripts of your expert witness and opposing counsel. Orient your expert witness Explain the likely goals of retaining counsel [...]
Expert Witness Preparation for Depositions Attorneys should understand how to prepare an expert witness for deposition. Proper expert witness preparation is critical and is your job as retaining counsel. We recommend the following protocol for preparing an expert witness for a deposition: Obtain past deposition transcripts of your expert witness and opposing counsel. Schedule the [...]