Technology in the Courtroom for Expert Witnesses Attorney Timothy Tomasik of the Clifford Law Offices recently spoke on “How to Use Technology in the Courtroom to Support Your Expert Witness Opinion.” He stated that for demonstrative evidence to be admissible, it must be a fair and accurate depiction and it is relevant. The kinds of… read more

An Expert Witness on Concussions Explains Concussions in Plain Terms By Vernon B. Williams, MD There has been a dramatic increase in published information regarding concussion in the last several years. But availability of more information has not necessarily resulted in effective knowledge transfer. E.O. Wilson once wrote, “We are drowning in information, while starving… read more

Many expert witnesses have been told and believe that the recent amendments to Rule 26(b)(4)(B) provide complete protection to their work product. Attorney Angela Zambrano from the firm of Weil Gotshal pointed out some of the limits of the expert’s draft work product protection. Courts appear to be allowing liberal discovery into the work performed… read more

Ken Broda-Bahm PhD is a nationally known litigation consultant.  His excellent article “The Better Teacher: Be an Expert at Testifying and Not Just a Testifying Expert” appears in the February 2013 issue of PersuasionStrategies.com. Dr. Broda-Bahm recommends an effective expert witness needs to: Convey the need for the expert opinion Show why your analysis is… read more

Remembering a few rules can greatly help in getting the greatest benefit from your expert witness, or, conversely, effectively cross-examining an opposing expert. There are three general areas of expert evidence: (1) Pure opinion expert evidence, (2) Scientific expert evidence, and (3) Non-scientific expert evidence, about which more will be said below. Preparing an expert… read more

Experts who attended the recent SEAK National Expert Witness Conference in Chicago raised some of the most difficult and vexing questions they face. These questions include: Yes or No Questions These questions are asked frequently where there is really not a black/white answer. Experts struggle with these questions. Broad Questions These types of questions are… read more

Persuasive Expert Witnesses: Tips, Techniques and Best Practices Stay on Point Know the entire case, not just your narrow role. Be prepared for the questions from your side. How does your story hold up to the TV images, radio spots and news casts? Criticize your approach/methodology/opinions. Offer a superior approach/methodology/opinions.   Remember your audience is… read more

THE EXPERT WITNESS SELECTION PROCESS 1. Always Ask Where They Found Your Name This is important for determining advertising dollars spent wisely. More importantly it is critical to know how they found you because the provenance of their search adds to your immediate understanding of their future expectations. If they say Charlie Jones referred me… read more

Steven Simring, MD, speaking at the SEAK National Expert Witness Conference, discussed why experts need to listen carefully and not be rushed when answering questions at trial. This is easier said than done under all the pressure of a trial, with so many eyes focused on you.  There is a natural tendency for  an expert… read more

Attorney Quentin Brogdon recently spoke at the SEAK National Expert Witness Conference on Surviving Cross Examination: How Not to Be Embarrassed. He suggested that expert witnesses not fall into one of the following 17 categories:   1.     “Just tell me what I need to say.” 2.     Problems communicating. 3.     Struck by other courts. 4.     No… read more