Expert witnesses can be the difference between success and failure. Their technical knowledge can clarify complex matters, add weight to arguments, and impact decisions in ways general testimony cannot.
That’s especially true when the issues at hand are not easily digestible by non-experts. So, if a court case focuses on software issues, an expert witness can break things down in a way that’s helpful to jurors and judges, says Eurekasoft.com.
However, attorneys can’t just choose any professional to serve as an expert witness. The right fit is essential. Lawyers must consider these four things before hiring expert witnesses.
- They Need to Look Beyond Academic Credentials
It’s overly simplistic and potentially misleading to suggest that the person with the most degrees or academic accomplishments would make the best expert witness. Academic and professional credentials are essential, but they’re not the only things to factor into the decision on who to retain.
The courts want experts whose qualifications address the issues in question. For instance, in a conflict arising from an industrial accident, a mechanical engineer with manufacturing experience in a workshop would be more useful than a lecturer with a mostly theoretical engineering background.
In addition, good people skills are vital. Expert witnesses must be able to effectively communicate information to jurors and judges. A good expert is someone who has a broad foundational knowledge in the subject matter and can explain it to non-experts in plain English.
- Reports Must Be Clear, Thorough, and Regulated
Federal Rule of Civil Procedure 26 requires expert witnesses to submit reports meeting particular disclosure standards. The reports must contain, but not be limited to, the following:
- A full statement of all opinions and the basis thereof
- The facts or data considered in developing the opinions
- Any exhibits to be offered to support the opinions
- The qualifications of the expert and a list of the published works of the expert
- A summary of the cases where the expert gave evidence in the past four years
- A statement of the fee of the expert
In addition to conformity, the report must also be written in clear, compelling language that will withstand cross-examination. Sloppily drafted, ambiguous, and overly technical reports are sure to negate your case and provide opposing counsel with the ammunition to shoot it down.
- Credibility Counts for a Lot — On and Off the Stand
Credibility is a must-have rather than merely a nice-to-have. It’s more than technical correctness — it’s attitude, objectivity, and reliability.
The opposing counsel may challenge the validity of an expert witness on the grounds of credibility by referencing anything from the person’s qualifications to any conflict of interest issues. They can also investigate prior publications, speeches, or depositions and look for inconsistencies between prior statements and current opinions.
To preserve credibility, lawyers must do the following before hiring expert witnesses:
- Assure that the expert’s opinions are backed by verifiable evidence and adequate methodology.
- Mention any potential weak points.
- Put the expert at ease with hostile cross-examination by underscoring the importance of keeping calm.
Remember, jurors not only listen to what the experts say, but also how they say it. Non-arrogant confidence, non-condescending clarity, and non-defensive honesty are essential.
- Preparation Necessary for Direct Examination
Most lawyers work hard to prepare experts for cross-examination (source). The opposing lawyer will try to discredit the expert or challenge the findings.
Preparation will need to encompass things like mock cross-examinations and consistency checks.
Expert witnesses can be the most compelling pieces of evidence to sway judges and jurors. However, lawyers must select the right ones for maximum impact. Facts are vital in court cases, but how those facts are explained may carry just as much weight.
Carefully chosen, seasoned experts don’t merely offer facts — they offer them clearly, persuasively, and palatably.
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