Expert Witness Testifying
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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.
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.
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 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.
Body Language in the Courtroom: Winning Without Words
Body language, or the nonverbal cues and signals we give off through our movements and expressions, plays a critical role in the courtroom, often conveying more than words themselves can express.
Cross Examination Preparation: Finding Your Voice in the Courtroom
Cross examination can be stressful for experts and cause them to inadvertently slip up, so many legal teams will spend significant time prepping an expert. Our experts shared some tips on how to be prepared.
How to Be Viewed as a Credible Expert in Your Field
Being viewed as an expert before ever stepping foot in the courtroom, or with little to no testifying experience starts with respect in the field. Active professionals are the most likely to achieve this level of notoriety through participation at industry-specific events and organizations, notable certifications, and written work in trusted publications.
Preparing Your Expert Witness for Testimony
Legal teams can help position their experts for success by ensuring they are equipped with everything needed to be convincing and authoritative in the role. Even the most experienced experts need preparation prior to testimony.
Proposed Amendments to Federal Rule of Evidence 702
Seemingly capricious applications of Federal Rule of Evidence 702, which establishes a standard for the admissibility of expert witness testimony, have caused frustration among some attorneys for years. Starting in 2017, a committee formed to address the issue and their recommendations are now out. These proposed amendments to Rule 702 could go a long way toward strengthening reliability and benefiting the justice system.