How concerned should expert witnesses be when they are challenged in a Daubert hearing? These experts need to be concerned and protect themselves according to the US Department of Justice Attorney Adam Bain. Here is what Attorney Bain had to say on the subject. Q. Attorney Bain, why are Daubert hearings becoming increasingly important for [...]
Expert witnesses and attorneys understand that often how the expert himself may be just as important as what they have to say. Jury consultant Edward Schwartz, PhD explains. Q. Should expert witnesses try to persuade the jury and if so, what techniques are effective? It is not the expert’s job to persuade anyone of anything. [...]
Jury consultant Edward Schwartz, PhD explains. Q. How Expert Witnesses Can effectively present complex scientific material? Most experts have, at one point or another in their careers, been teachers. View testimony as a teaching opportunity. Think of your jurors as moderately interested college freshmen. Being a good teacher buys a witness a lot of credibility. [...]
Jury consultant Edward Schwartz, PhD explains. Q. What kinds of things turn off jurors? Arrogance is a real turn off. An expert would be wise to never justify an opinion with reference to “my three advanced degrees and twenty years in the field.” Also, an expert would do well to avoid jargon whenever possible. No [...]
Jury consultant Edward Schwartz, PhD explains. Q. Dr. Schwartz, what are some of the biggest mistakes expert witnesses make when testifying? A person becomes a true expert by understanding all the nuances, intricacies and subtleties in their chosen field. As such, it can be very uncomfortable to be asked absolute questions on the stand. Many [...]
The role of an expert witness can differ dramatically depending on the forum they are testifying in (i.e. trial, arbitration, or mediation.) Information technology expert witness Brooks Hilliard explains. Q. Mr. Hilliard, how is the expert witness’s role different at arbitration and mediation? Unlike arbitration (or trial testimony) the expert’s role in mediation generally does [...]
According to CPA and expert witness Gary Trugman, effective direct examination is crucial for expert witnesses. Here is what he had to say: Q. Mr. Trugman, how important is an effective direct examination for expert witnesses? It is crucial. This establishes what the expert did, why it was done, and provides a basis for the [...]
Experts and attorneys understand that the ability to write a clear, understandable, and defensive report is a requirement to being a successful expert witness. Professor and clinical psychiatrist Kirk Heilbrun, PhD explains. Q. Dr. Heilbrun, how important is report writing ability for the success of expert witnesses? Extremely important. The report is the substantive foundation [...]
How do expert witnesses make themselves vulnerable to effective cross-examination? Attorney John Delany III explains. Q. Attorney Delany, where are expert witnesses most vulnerable on cross-examination? (1) Prior testimony, articles and reports, (2) Not knowing the entire file, relevant evidence ,latest studies ,or having complete records, (3) Assumptions that are wrong, (4) Going out side [...]
Due to the increasing number of settlements in civil cases (over 95%) much of the litigation and examination of experts take place during their depositions. Forensic psychiatrist Thomas Gutheil, MD answers the question; As an expert witness, what are some of the stranger things that have occurred during your depositions? In one such case the [...]