![]() ![]() Do they appear confident, or timid? In conveying their findings, are they dynamic or dull? People generally present information consistently. Unless you are willing to request your witness wear a suit and shave before court, only consider potential experts who have already demonstrated their affinity for good personal presentation.Īt this point, you are only evaluating an expert’s ability to project their voice to fill the room, maintain eye contact, use appropriate hand gestures, and the like. You’d be surprised how many experts think nothing of showing up in stained clothing, with uncombed hair, or in other states of disarray. One’s presentation isn’t everything, but it is something. This is how they dress when presenting to their peers, which means they aren’t likely to get more dressed up for your jury. Take a moment to review their visual presentation. Take the time to observe the person presenting. Attend papers presented by experts who may meet your litigation needs. Start by attending professional conferences attended by your target expert witness population. By doing so, the lawyer has a Rolodex filled with potential witnesses available, both for initial case consultation and, in the right case, testimony. Lawyers who specialize in a given area, be it medical malpractice, forensic DNA evidence, or arson litigation, would do well to consider cultivating a stable of witnesses well in advance of any specific litigation. Testimony about the generally accepted standard of care could be dispositive. An expert’s opinion about cause and manner of death may go specifically to meeting the burden of proof for one side or the other. Often, however, the testimony of an expert can go to the “ultimate issue.” By providing a court with known side effects of a particular combination of prescription drugs, an expert witness may provide the evidence needed to avoid a directed verdict. ![]() All of these provide information to the trier of fact which can help them evaluate the case, even though the testimony may not go to the ultimate issue. Finally, an expert may provide information on future medical bills, the amount of schooling necessary for job retraining, or the value of a family business. For example, how quickly can an 18-wheeler stop their vehicle? How does a full load impact the stop time? What if the road is wet? Or there is an incline? Similarly, providing testimony about factors that increase or decrease one’s ability to accurately identify a potential perpetrator may inform the jury. Sometimes experts provide testimony that assists a trier of fact by providing information a juror may not otherwise have. Note, the rules allow expert testimony in the form of an opinion to either assist the trier of fact to understand the evidence or provide the trier of fact with information that determines a fact at issue in the case. However, a combination of knowledge, skill, experience, training, and education generally provides testimony more weight than any one of these factors alone. The principles and methods have been reliably applied by the expert to the facts of the caseĪccording to the rule, an expert may be qualified based on knowledge, skill, experience, training, or education.The testimony is produced using reliable principles and methods.The testimony is based on sufficient data or facts.The expert’s knowledge, be it scientific, technical, or other specialized knowledge, helps the trier of fact either understand the evidence or determine a fact at issue.Rule 702 of the Federal Rules of Evidence allows experts to provide opinion testimony if the following criteria are met: If you are a litigator, at some point you will need to consult an expert witness of one kind or another to fortify your case theory. In fact, attorneys will frequently wish that they had brought an expert witness in sooner. It is rare for an attorney to conclude that they brought an expert witness in too soon. As soon as it becomes evident a case will benefit from an expert witness, attorneys should start reaching out to colleagues looking for referrals. Locating, retaining, and employing effective expert witnesses can make or break a case. ![]()
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