Tips on How to be an Effective Expert Witness

Tips on how to be an Effective Expert Witness
By: Steven Babitsky, Esq.

Judge Gregory P. Holder of the Florida 13^th Judicial Circuit speaking at the SEAK National Expert Witness Conference presented some tips on how to be an effective expert witness.

Here is what he said about direct examination:

Preparation and organization
You are a “teacher” on the stand; be likable, human, honest, entertaining and energetic
Do not advocate or “talk down to the jury”
Keep it simple and understandable
- Remember that you have a very diverse jury pool
Summarize what you are going to tell them and then what you told them
Direct examination questions
- Rehearse with the attorney
- Don’t read from a “script”
Acknowledge problems with your analysis
Derail difficult issues.
Avoid long narrative answers (Jurors and Judges have a limited attention span)
Use strong confident language and do not quibble.
Define terms that are not commonly understood.
Use visual aids
- Elmo
- Diagrams
- Photos
- Videos
- A picture is truly worth a thousand words
Sit forward and turn and talk to the jurors

Judge Holder then discussed how experts can excel during cross-examination:

The opposing attorney asks “leading” questions
- Calling for yes or no response
- Court will allow you to explain your yes or no answer
Goals
- Discredit or impeach your direct testimony
- Gain favorable testimony to help his/her client
- Attack of your opinions and methodology
Listen carefully and clarify if necessary
Admit if you do not know the answer
Do not stray beyond the limits of your expertise
Do not become defensive or argumentative
Admit to your fees
- Jurors know that you are paid for your “time”
Attack credentials of the expert
Show bias of the expert
- You are an expert and not an advocate; act like one
Impeach the expert with prior inconsistent statements
- Watch your prior publications, they will be used in cross examination
Keep your cool
Stick with the facts of the case
Review documents carefully before answering if the question refers to documents
Refresh your recollection if necessary
Ask if you do not understand
Generally, the jury starts out like you — do not ruin it!
Avoid anger when someone questions your opinion
Be patient during the questioning – walking the jury through your analyses takes time
Carefully consider compound questions
Hypotheticals
Strike back if the opportunity presents itself
Don’t let the attorney interrupt your answer to her/his questions