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
Defense Verdict: Multi-System Comorbid Medical Condition Expert Witness What kind of a medical expert witness is best suited for a case involving multiple overlapping medical conditions? An expert witness who specializes in multi-system co-morbid medical conditions. A defense verdict was reached by the jury in the case of Brissey/Wagner vs. State of Iowa #CL114852 2/2013. Brief Narrative… read more
When expert witnesses undergo a discovery deposition, what are the strategies and goals of opposing counsel? Attorney Quentin Brogdon of the Law Offices of Frank Branson of Dallas, TX dealt with this issue at the SEAK Expert Witness Conference. Attorney Brogdon’s list of 23 discovery deposition goals included: 1. What the expert looks like… read more
Attorney Quentin Brogdon of Dallas, TX recently spoke on Surviving Cross-Examination at the SEAK National Expert Witness Conference. He recommended that attorneys interview potential expert witnesses to avoid cross-examination problems. Here are the 13 key questions that need to be asked and answered by expert witnesses: 1. “Are you the best expert witness?” 2. “What… read more
CPA Expert Witness: Novel Damage Analysis Unreliable The US District Court South Carolina in The Turfgrass Group Inc. v. Carolina Fresh Farms, Civil Action No. 5:10-cv-00849-JMC March 14, 2013, dealt with a CPA expert using a “novel” damage analysis in a patent case. The court rejected a disgorgement of profits theory stating: Here, Davis renders… read more
Neuropsychologist Paul M. Richards authored the excellent article, The Neuropsychologist as Expert Witness: Testimony in Civil and Criminal Cases. The article appears in Psychological Injury and Law and covers issues such as: Admissibility Burden and standards of proof Differences between civil vs. criminal Settings Trial procedures Ethics Preparation Retention agreement Direct examination Cross-examination … read more
The March 12, 2013 issue of Otolaryngology Head and Neck Surgery questions whether plaintiff’s medical malpractice expert witnesses are qualified. Authors Eloy, Svider, et al conducted the following research: Methods The Westlaw legal database (Thomson Reuters, New York, New York) was searched for otolaryngologist expert witness testimony. Length of experience, practice setting, and… read more
