Expert Witness & Attorney Relationship

A Litigator’s Guide to Jury Consultants

Attorneys who use jury consultants in high-stakes actions have a statistical advantage over those that do not. From pre-trial jury selection to post-trial surveys; a quality, data-driven consultant is a key member of your trial team.

How to Help Your Expert Maintain Credibility in Court

Your expert’s credibility must withstand scrutiny. They can have all the degrees, publications and talks in the world and still fold under pressure, blowing up your case during deposition or trial.

Understanding the Difference Between Attorney and Expert Responsibilities

Usually, the line between the role of the attorney and the role of the expert is obvious, but there are some points – perhaps based on type of expertise or the rules of the venue – where it can seem a little hazy. The ideal situation is one where the attorney and expert fit together perfectly. They know their roles and responsibilities, and they address those issues with conviction.

Preparing the Expert for a Dependable Outcome

While tempting to skip, prepping your expert for deposition, and direct and cross examinations is necessary.

Telling Your Story

In order for your client to have a successful outcome, the judge and jury need to understand and believe their story. It is worth your time and the expert’s time to make sure everyone is on the same page, follows the same script, knows their roles, and understands where the story is leading when you begin.

Report Writing: A Delicate Balance

There is a dance involved in report writing. Experts need enough time and information to create excellent reports; attorneys often want to review the reports, but need to be cognizant that any change requests not impact the expert’s opinion or voice; and in the background confidentiality and discovery lurk over all the communication, with rules dependent on the given jurisdiction.

Beyond the Paper Qualifications – Making an Expert Witness Match

When searching for an expert witness, creating the match between case requirements and personalities is a complicated process with a bit of art mixed in.

Expert Witness Testimony: Accuracy is Necessary, but Likability is Next Level

There are certain rules you must follow when giving testimony – to tell the truth, to be impartial, to keep to the rules of the court – but it’s important to consider demeanor and delivery as well. And, sometimes, a little levity and civility.

The Role of the Expert Witness: Finding & Filling the Holes in the Narrative

Rather than attempting to hire an expert who unquestioningly supports your narrative, using a very qualified expert as a sounding board will often bring benefits to your end client. Tapping their expertise — not just to support your case, but also to evaluate your story — can be the best strategy for your client.

Expert Witness Confidentiality & Privilege

Experts are crucial to a client’s case, but they may not understand the rules in effect for their particular matter. To avoid discovery pitfalls, it is important to set expectations at the beginning of the process. Experts should be asked about the confidentiality rules at the start of any discussion with a lawyer.

Expert Witnesses as Teachers

Expert witnesses play myriad important roles in a case, including among others evaluating cases and crafting strategy. Arguably the most important role is as a teacher – educating the attorneys, court and jury about the aspects of the case that fall within their expertise.