10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge Expert witnesses of all disciplines including accountants, engineers, appraisers, physicians, patent experts, damages experts, etc. are increasingly facing Daubert challenges. In a Daubert challenge opposing counsel will generally file a motion to disqualify the expert witness. This motion to disqualify will allege that [...]
https://www.youtube.com/watch?v=OsUxxZs_rog&t=32s Hi. My name is Steve Babitsky. I'm the president of SEAK. I'm here today with my partner Attorney James Mangraviti from SEAK. We're going to be talking about an extremely important topic for expert witnesses; cross examination. Jim, what are the three most important things experts need to know about cross examination? Jim Mangraviti: [...]
https://www.youtube.com/watch?v=CZ9n4UtMB4c&t=2s Expert Witness Depositions Hi, I'm Steve Babitsky, President of SEAK, Incorporated. I'm here today with Attorney James Mangraviti, and we're going to be talking about expert witness depositions. What are the three most important things that experts need to remember about expert witness depositions? Jim Mangraviti: Okay. I would say things that I teach [...]
Many states have special requirements for physicians who testify as expert witnesses in medical malpractice cases. These requirements could include things such as: Board Certification Licensure Not being a full-time “Professional Witness” Current or recent clinical practice or teaching or research experience Same specialty as defendant Licensure from a state requiring same or greater [...]
Interview with Restaurant Expert Witness Howard Cannon was asked: Q. Mr. Cannon, how aggressive can and should expert witnesses be in marketing their practices? A. If an expert expects to get any sort of real and lasting visibility he/she must outwork and out-think his/her competitors in the marketplace and he/she must understand that marketing intensity, [...]
More and more expert witnesses are reporting that retaining counsel are either unwilling or unable to properly prepare them for their depositions and trials. Why would an attorney spend thousands of dollars on an expert witness and not properly prepare them? Trial attorney and SEAK trainer and attorney Nadine Nasser Donovan explains. Q. Attorney Donovan, [...]
Expert witnesses are with increased frequency undergoing video depositions. These depositions in differ in many ways from the traditional transcribed depositions. Trial attorney David Markowitz explains. Q. Attorney Markowitz, how do video depositions differ for experts from traditional transcribed depositions? Steno depositions record only the words. Video depositions record facial expressions, body language, and tone [...]
How can expert witnesses and the attorneys who employ them effectively use demonstrative evidence to present expert testimony? Trial attorney Karen Koehler explains. Q. Attorney Koehler, how important is demonstrative evidence to effective presentation of expert witness testimony? There’s an old Chinese proverb that goes like this: “Tell me and I’ll forget; [...]
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 [...]
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 [...]