Posts discussing how to best manage and grow an expert witness practice.
Steven Babitsky, Esq. I was speaking with an expert witness and he described his problem at deposition: “I do very well generally at my depositions. I am well-prepared, know my stuff, and have experience. The problem is it takes me 20-30 minutes to warm up during my deposition, so in the beginning of them I [...]
Steven Babitsky, Esq. How do trial attorneys attack psychologists and psychiatrists during cross-examination? They are being trained to concentrate on the expert’s competence and methodology. Attorney Renee Welze Livingston writes in the January 2020 issue of For the Defense: How Methodical Investigation Can Cast Doubt on a Psychological Expert’s Competence and Methodology. This revealing article [...]
The U.S, District court S.D. Florida dealt with the issue of whether fee arrangements between an expert witness and counsel must be disclosed during discovery. The expert was a loss consultant and was provided with a 10% prelitigation fee for his services. The court ordered the production of the agreement and stated: First, the Court [...]
Steven Babitsky, Esq. Introduction Many cases rise and fall based on how your expert witness does at their deposition. Here are some of the biggest mistakes lawyers make when preparing their expert witness. Failure to Ask the Expert Witness What They Are Concerned About Most expert witnesses, even the most experienced ones, have issues that [...]
Nadine Nasser Donovan, Esq. Steven Babitsky, Esq. What is the pyramid problem? Many forensic accounting firms whose employees act as expert witnesses suffer from a serious “pyramid problem.” This is a term we at SEAK Inc. use to describe a company which has many accountants performing expert witness work, yet just a select few [...]
By: Jessica Mahon Scoles, Esq. Counsel calls and tells an expert he has an interesting and potentially lucrative case. The catch? The expert needs to be designated almost immediately and her affidavit or report is due soon after. If the expert chooses to accept the case, she is faced with a series of difficult, if [...]
Expert witnesses are increasingly facing Daubert and other challenges to their expert witness testimony and opinions. What can expert witnesses to do to increase the likelihood that their testimony will survive such challenges? Attorney Adam Bain, writing for SEAK, provides four tips to prevent exclusion of your expert witness opinions. (1) Ensure that you have [...]
Judge Susan Burke, writing for SEAK, offers the following tips for expert witnesses: 1. Highlight Your Relevant Qualifications • Do not ramble on about every residency, professional association, honor, and peer reviewed article. • Focus on relevant experience. • Include memorable experience if possible. • The goal is to demonstrate to the jury that you [...]
How will the courts determine reasonable fees for expert witness preparation time for a deposition? The United States District Court for the District of Colorado recently spoke on the issue in Sterisil, Inc. v. Proedge Dental Products, Inc., civil action no. 13-cv-01210-REB (U.S. Dist. Ct. D. Colo. Mar. 29, 2019), a patent infringement case. The [...]
Even experienced experts can improve their deposition performance by avoiding these common mistakes: 1. Not Actively Listening Many experts do not effectively employ active listening skills at their deposition. Hearing and understanding each and every word in the question is crucial. If you do not understand a question, you should not answer it. 2. Interrupting [...]