OSHA and safety expert witness Chip Darius explains. Q. How can experts get off to a strong start on direct examination? Three main points come to mind. First, prepare a report and know it cold. If retaining counsel has not asked for a report, prepare a summary of expert opinions to ensure all opinions are [...]
One of the things accomplished expert witnesses learn quickly is: how you say it is just as important as what you are saying. Excellent communication skills is crucially important for expert witnesses who wish to excel. OSHA and safety expert witness Chip Darius explains. Q. Mr. Darius, Why are communication skills important for expert witnesses? [...]
The saying among trial lawyers is that it does not matter how much an expert witness knows if he/she cannot explain it to a jury in a way they can understand. Geoscientist and geologist expert witness Robin Franks explains. Q. Ms. Franks, why is it so difficult for some expert witnesses to make their testimony [...]
Abuse of expert witnesses is very common according to James J. Mangraviti Jr., Esq. Here is what attorney Mangraviti had to say about this abuse. Q. Attorney Mangraviti, how common is abuse of expert witnesses by retaining counsel? All too common. When I teach and mentor expert witnesses I emphasize to them that they are [...]
The old adages “there is no such thing as bad publicity” and “any publicity is good publicity” may not hold true for expert witnesses. Experts involved in the glare of high profile cases face intense scrutiny and stress which can impact them and their careers. Ms. Alyce LaViolette, who was on the witness stand for [...]
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 [...]