Effective Expert Witnessing, Fourth Edition

Practices for the 21st Century

Jack V. Matson, Suha F. Daou, Jeffrey G. Soper

• Publisher: CRC Press
• Year: 2019
• ISBN:
  9781000012842
• Edition: 4
• Topic: Sozialwissenschaften
• Subtopic: Kriminologie

First Published in 2004: Effective Expert Witnessing, Fourth Edition broadens the scope of previous editions by featuring case studies and examples from a wide range of disciplines including psychology, medicine, forensics, toxicology, engineering, and environmental science. It presents legal survival strategies needed by expert witnesses in all fields by addressing the impact of the recent rulings regarding expert testimony.

Section III

The Art, Business, and Future of Expert Witnessing

if the world should blow itself up, the last audible voice would be that of an expert saying it cant be done.

—Peter Ustinov

7

The Art of Expert Witnessing

The meeting of two personalities is like the contact of two chemical substances: if there is any reaction, both are transformed.

—Carl Jung

Developing the proffessional Relationship

To one degree or another, all experts rely on the attorney who hired them for the information necessary to do their work. Therefore, you should communicate frequently with the attorney to develop the necessary rapport. This may be a challenge. Generally, lawyers may not want to spend much time on a case at the beginning, as they have other cases in progress which may be closer to the trial phase. Many times you will have to do the pushing if you want to get an early start.

Your first duties are to explore the technical issues and to educate the lawyer. Recognize that the issues confronting you and the attorney with whom you are working are never black and white. Experts tend to gravitate to one point of view and negate dissenting opinions. Lawyers, on the other hand, live in a world of gray, where facts can be toned and shifted into various points of view. Be open to the lawyer’s perceptions, and see how he or she construes the facts differently than you do.

Working on a case is usually an interactive process, with you and the lawyer exchanging questions and information. The lawyer has to instruct you on the precise legal standards that must be addressed and on any relevant tests followed in the specific jurisdiction in which the case is pending. You should work with the attorney in order to make sure your opinion will be admissible. Ultimately, you and the lawyer must work together in a professional relationship built on mutual trust and respect.

Maximizing Your Effectiveness

How can you maximize your effectiveness, whether in a consulting or a testifying role? This is the art of expert witnessing.

Practice

Nothing improves your ability to be an effective expert witness like practice. If you have never had to engage in public speaking or have only done so before a “friendly” audience, you must develop new skills to make you an effective witness. Find opportunities to participate in panel or roundtable discussions or other forums where you may be required to defend a particular position or which use a question-and-answer format.

Study

Study the legal system in more depth. Make some free time to go down to the local courthouse and sit in on a trial. Try to figure out what is going on. A trial involving a small automobile accident has many of the same characteristics as a large product liability suit. Watch the jury as the witnesses testify. Do your own critique. Make notes of the courtroom procedures you don’t understand and strange words used, and then ask a lawyer friend to explain them.

Be Prepared

Being prepared is critically important in all phases of the litigation process. Poor preparation can not only jeopardize the case at hand and your chances of being retained for future engagements, but it can also result in personal and professional embarrassment and the loss of credibil...