Can You Be An Expert Witness?

Can You Be An Expert Witness?

Can You Be An Expert Witness?

I did not get into the computer world to become an expert witness. I followed a physics undergraduate degree with advanced degrees from UC Berkeley and the University of Michigan. I've been an information Systems manager, a computer company national training manager, and currently runs a training company. However, since I began a part-time testifying career in 1986, I've seen it turn into a reliable revenue stream, and I believe that anyone with an expertise in their field can do the same.

The fact is, judges and juries aren't fond of 'professional' experts, who go from trial to trial as their main means of support. But they do like working professionals who have an experience in their fields, who maintain their day jobs, but who also know and understand the legal process.

My guidance to specialists who want to get into this field is that they need to become familiar with the primary ways expert witnesses work with lawyers:

* Investigation -- You research the technical details of the facts in the case, such as writings, timings or other events. You might run specially designed tests, create models, or research the Internet for literature on the same subject matter as your case. Your initial part in the early stages of an investigation is to figure out the technical facts of the case and to describe to your retaining attorney the application of those facts.

* Assessment -- Attorneys will occasionally engage you to assess the technical merits of either or both side's claims. Your job is to objectively assess the potential strengths or weaknesses of those claims, giving your client the ability to use that information to either prove their case or disprove their opponent's case.

* Opinions -- In some cases, you will then use the facts from the assessment stage to form an opinion, and then you will be called upon to deliver that opinion in court on the witness stand or in a recorded deposition. In many more instances, however, your work will take place entirely behind the scenes as an expert who never testifies.

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