Posts discussing expert witness testimony.
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 [...]
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 [...]
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 [...]
In a recent interview, Forensic psychiatrist Thomas Gutheil, MD, answers the question; How much assistance can Expert Witnesses expect from retaining counsel at deposition? Retaining counsel may be helpful both in posing objections and by giving you clues from the form of the objection about what might be the flaw in opposing counsel’s question. However, [...]
Forensic psychiatrist Thomas Gutheil, MD answers the question; Q. How do you deal with the confrontational abusive opposing counsel at deposition? I let it wash over me, as if I were dealing with a personality disordered patient. Remaining cool under fire is an essential expert skill. Answer the question underneath the fury. ----------------- Dr. Gutheil [...]
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 explains. Q. Dr. Gutheil, why are expert witness depositions increasingly more important? Attorneys are very concerned about being surprised or even sand bagged at trial [...]
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, [...]