Testifying Training Blog

The Expert Witness’s Role at Arbitration and Mediation

The role of an expert witness can differ dramatically depending on the forum they are testifying in (i.e. trial, arbitration, or mediation.) Information technology expert witness Brooks Hilliard explains. Q. Mr. Hilliard, how is the expert witness’s role different at arbitration and mediation? Unlike arbitration (or trial testimony) the expert’s role in mediation generally does [...]

By |2023-07-10T08:58:32-04:00March 17th, 2014|Blog, Expert Witness Laws/Procedure|Comments Off on The Expert Witness’s Role at Arbitration and Mediation

Why effective direct examination is crucial for expert witnesses

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 [...]

By |2023-07-10T08:58:39-04:00March 17th, 2014|Blog, Testimony|Comments Off on Why effective direct examination is crucial for expert witnesses

Why Expert Witness Report Writing is Critical to an Experts Success

Experts and attorneys understand that the ability to write a clear, understandable, and defensive report is a requirement to being a successful expert witness. Professor and clinical psychiatrist Kirk Heilbrun, PhD explains. Q. Dr. Heilbrun, how important is report writing ability for the success of expert witnesses? Extremely important.  The report is the substantive foundation [...]

By |2023-07-10T08:58:45-04:00March 17th, 2014|Blog, Report-Writing|Comments Off on Why Expert Witness Report Writing is Critical to an Experts Success

How do expert witnesses make themselves vulnerable on cross-examination?

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 [...]

By |2023-07-10T08:58:51-04:00March 17th, 2014|Blog, Testimony|Comments Off on How do expert witnesses make themselves vulnerable on cross-examination?

What are some of the stranger things that have occurred during your depositions?

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 [...]

By |2023-07-10T08:58:58-04:00March 17th, 2014|Blog, Testimony|Comments Off on What are some of the stranger things that have occurred during your depositions?

How much assistance can Expert Witnesses expect from retaining counsel at deposition?

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, [...]

By |2023-07-10T08:59:05-04:00March 17th, 2014|Blog, Expert Witness Practice Development/Management, Testimony|Comments Off on How much assistance can Expert Witnesses expect from retaining counsel at deposition?

How Expert Witnesses can deal with abusive opposing counsel at deposition

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 [...]

By |2023-07-10T08:59:12-04:00March 17th, 2014|Blog, Expert Witness Practice Development/Management, Testimony|Comments Off on How Expert Witnesses can deal with abusive opposing counsel at deposition

Why are expert witness depositions increasingly more important?

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 [...]

By |2023-07-10T08:59:25-04:00March 17th, 2014|Blog, Testimony|Comments Off on Why are expert witness depositions increasingly more important?

What are some of the biggest mistakes expert witnesses make in their marketing?

Interview with Restaurant expert witness Howard Cannon discusses: Q. What are some of the biggest mistakes expert witnesses make in their marketing? A. I believe the 3 biggest mistake experts make in their marketing is that: 1] They do not consider the ROI [return on investment] of their marketing plans and budgets. In many instances one [...]

By |2023-07-10T08:59:30-04:00March 15th, 2014|Blog, Expert Witness Practice Development/Management|Comments Off on What are some of the biggest mistakes expert witnesses make in their marketing?

What social media works best for expert witness marketing?

In a recent interview, Restaurant expert witness Howard Cannon explains. Q. What social media works best for expert witness marketing? A. We feel that all types of social media have value because we can gain reach and visibility without spending much time, much money, or much real effort and therefore the ROI [return on investment] [...]

By |2023-07-10T08:59:36-04:00March 15th, 2014|Blog, Expert Witness Practice Development/Management|Comments Off on What social media works best for expert witness marketing?
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