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How To Evaluate a Potential Expert Witness

Often, attorneys will locate more expert witnesses than they need in a particular matter.  They will then be in a position where they can choose from amongst these experts the one who they would like to retain.  In making this selection, attorneys evaluate many factors.  These include the following points. Availability Does the expert answer… read more

How To Find an Expert Witness

This post (adapted from Chapter 17 in The A-Z Guide to Expert Witnessing) summarizes the common resources used by counsel and other clients to locate expert witnesses. Referrals from Other Attorneys Lawyers talk to each other all the time, asking for advice and tips on how to handle certain matters.  This includes recommendations on expert… read more

The Advantages of Using a Trained Expert Witness

A colleague of mine likes to tell the following humorous war story.  He was trying a case many years ago and utilizing an accident reconstruction expert witness.  On cross examination, opposing counsel established that litigation support was pretty much the expert’s sole source of income.  So the expert was asked, “Doesn’t that then sir, make… read more

8 Tips to Get the Most Out of Your Expert Witness

Expert witnesses are critical parts of many cases.  Below are 8 tips to get the most out of your expert witness: 1.    Take the time to find the best expert witness you can.  You will often have many expert witnesses available to you.  It is your job to choose the best expert you can afford. … read more

5 Ways to Prevent Your Expert Witness From Being Disqualified

Five Ways to Minimize the Chances of Your Expert Witness Being Disqualified Disqualification of your expert witness can mean summary judgment or a directed verdict and an unfavorable end to your client’s case.  Here are some tips for how to prevent your expert witness from being disqualified. 1.    Choose the right expert.  Your expert witness… read more

Attempted Impeachment of Expert Witness for Having Prior Misdemeanors

The Colorado court, in Etherton v. OWNERS INSURANCE COMPANY, Dist. Court, D. Colorado 2013, dealt with a proposed attempt to impeach an expert witness due to his prior traffic offenses. The court found that the prior misdemeanor traffic offenses could not be used for impeachment, however, lying about them could be used for impeachment. The… read more

Court Rejects Orthopedic Surgeons Expert Witness Fees as Excessive

The US District Court Ohio, in the case of Anderson v. JAS CARRIERS, INC., Dist. Court, SD Ohio 2013, dealt with the treating physician, Agabegi. In addition to being a treating physician who has performed two surgeries on Plaintiff, Dr. Agabegi also has been identified as one of Plaintiffs’ expert witnesses. Dr. Agabegi has demanded… read more

Lawyer Writes Your Expert Witness Report; Discoverable or Work-Product?

The court, in Gerke v. TRAVELERS CASUALTY INSURANCE COMPANY, Dist. Court, D. Oregon 2013, dealt with expert witness Robert Painter. At his deposition, counsel asked him if anyone else helped him write his report. During Painter’s November 16, 2012, deposition, defense counsel asked Painter whether anyone other than Painter wrote any portion of his October… read more

How to be an Effective Expert Witness

September 19–20, 2013 Falmouth, Cape Cod, Massachusetts   The #1 way to grow an expert witness practice is to build the reputation of being an effective witness. This is a small group, hands-on, fast-moving interactive workshop covering deposition,direct examination, and cross-examination skills. Attendees will learn how to become markedly more effective and significantly more valuable… read more

Mechanical Engineer Expert Witness: Qualified to Testify on Slip & Fall

The Missouri court, in Stanley v. Cottrell, Inc., Dist. Court, ED Missouri 2013, dealt with a professor of mechanical engineering who sought to testifying in a slip and fall case.   The court denied the Daubert motion to exclude his testimony, stating:   It is clear from Dr. Micklow’s C.V. that he has no formal… read more

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