Posts discussing how to best manage and grow an expert witness practice.
The most common problem that expert witnesses face is non-payment or slow payment of their fees by lawyers who retain them. Many of these expert witnesses do not have a written retention contract signed by counsel. Example I was recently contacted by an expert witness who was asked to investigate a claim and write a [...]
Expert witnesses are now actively marketing their expert witness services through the use of: Expert witness directories Display and other advertising Speaking and lecturing Writing Ten tips for expert witnesses to market their practice include: An expert should identify and pursue his niche. The best experts budget the time and money needed to [...]
A recent SEAK survey of trial lawyers indicated that now trial lawyers prefer experts who have received formal expert witness training. Here are some of the reviews these trial lawyers have given for advantages of using trained experts: A trained expert knows how to bill for their time without identifying in their billing invoices any [...]
The United States District Court, W.D. Pennsylvania in the case of THOMAS JAMES NEWILL, v. CAMPBELL TRANSPORTATION COMPANY, INC. No. 2:12-cv-1344 dealt with the testimony of the expert Smith on the seaworthiness of a barge. The court found that the expert did not improperly comment on the credibility of witnesses when he stated: Neither men [...]
Expert witnesses are increasingly being challenged, and in many cases being disqualified under Daubert. When attorneys suspect retaining counsel has effectively “written” the expert’s report, attorneys are using this to pursue disqualification of the expert. In the case of MOBILE MEDICAL INTERNATIONAL CORPORATION, v. ADVANCED MOBILE HOSPITAL SYSTEMS, INC., Case No. 2:07-cv-231, United States District [...]
Experience and successful expert witnesses are now often using demonstrative evidence such as powerpoints, models, videos, animations, photographs, 3D laser data, etc. during their direct examination. This demonstrative evidence needs to be presented to counsel and approved by the Judge prior to its use. Effective demonstrative evidence can turn a dry recitation of the science [...]
Expert witnesses are all too often going into depositions, hearings, and trials with little or no preparation from counsel. As a consultant who helps prepare expert witnesses for depositions and trials, I always ask the expert: How much preparation did the retaining lawyer provide you? The answers range from: - None - Spoke for 30 [...]
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 [...]
We have noticed an interesting new trend, i.e. more and more lawyers are acting as expert witnesses. Some of these lawyers supplement their legal careers by also acting as expert witnesses while some have left their legal practice behind and are acting as expert witnesses on a full-time basis. The most common areas for lawyers [...]
https://www.youtube.com/watch?v=DTbHFu6cGPY&t=49s My name is Steve Babitsky, I'm the president of SEAK Incorporated, and we're here today with Attorney James Mangraviti from SEAK and we're going to be talking about how to get started as an expert witness. So Jim, let's start off by asking what does an expert witness do? James Mangraviti: Good question. So [...]