How to Enhance as an Expert Witness by Growing Your Part with Each Case

How to Enhance as an Expert Witness by Growing Your Part with Each Case

Once selected, you can immediately contribute to the process by helping attorneys understand the technical facts. In addition, you can help by formulating a series of technical questions that your retaining attorney can use when he writes various legal documents. Know what relevant questions you can ask. You are the one who will be able to explain the technical responses to the attorney. It is part of your role to guide the attorney in the discovery process. Help construct the technical questions that will require technical answers from the other side. This should help to uncover the technical facts of the case that you then use to formulate your eventual opinion(s).

It is part of your part to help attorneys understand facts received from the other side. You will quickly discover that in many cases your retaining attorneys do not know what questions to ask. You will have an incredible advantage over your competition if you know in advance how to help your clients articulate their needs.

attorneys need you to help formulate questions to ask and explain the answers they obtain. What the attorneys call "interrogatories" are questions that they submit to the other side in the case. These questions lead to answers, and help them in the discovery phase of the case. Actual interrogatories are used in most states, but not all, and in federal courts. Even if formal interrogatories are not required in your case, your ability to formulate questions for the technical experts of the other side will nevertheless be invaluable.

Once you know the technical portions of the case, you can suggest interrogatories that will help to uncover the technical facts for both your attorney and you.

sometimes, you'll help your attorney determine the most and least important technical elements of the case. Your role will also include helping the attorneys decide what questions to ask the opposing experts during a deposition or in a trial. If you accompany your attorney to the deposition of an opposing expert, you can help enormously by identifying initial questions to ask, as well as follow-on questions.

Remember though, you should not design your questions as an advocate for your side. You want the technical facts, and your attorney needs to know the quantity and quality of technical facts the other side's expert possesses. You may agree or disagree with the side that selected you, but you must maintain a level of objectivity. It is your job to obtain new facts, analyze others, and describe the key facts that form the basis of your eventual opinions.

To grow as an expert witness, and contribute more successfully with each case, you should understand the legal process. Specifically, you must know what is needed by an attorney from you as a technical expert. It is not a question of whether you have the technical experience; the question is whether you can apply your experience and knowledge of the subject matter to the elements of the case. Can you organize your information well, present it effectively to your clients, and testify to it successfully in a court of law? You have to understand how the legal process works to help attorneys organize and present their case, at least to the extent the case relies on your expertise. Each new case offers you a new learning opportunity to help the next retaining attorney even more by understanding both their role and your own.

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