Top 10 Special Strategies Used by Testifying Experts during Both Trials and Depositions

Top 10 Special Strategies Used by Testifying Experts during Both Trials and Depositions

You can parlay this knowledge in your specialty into being a respected expert witness.

But there are difficulties to look out for, obstacles to surmount, and a substantial amount

of new knowledge to master.

Here are some of my favorite strategic suggestions to succeed as an expert witness:

* Learning about the Daubert Supreme Court case and its implications on your

effectiveness as an expert will enhance the likelihood that attorneys will retain

you and that your resulting opinions and testimony will be accepted by the court.

* You can help in each case by providing your attorney thorough analyses of the facts,

independent of whether your results seem helpful or not to the attorney that hired you.

* Always avoid saying 'always' in your testimony.

* If you are the expert for the plaintiff, be sure to cover all possibilities.

Prepare to justify why you may have selected one or only a subset of the possibilities

as the foundation of your testimony.

* Listen closely to precisely an attorney's questions.

If you missed hearing the question fully, or if you didn't understand the question fully,

how can you possibly respond to it correctly?

* If you are an expert for the defense, you should list

other possibilities that the expert for the plaintiff's should have considered, and why.

* Whenever you attempt to answer a list-related question, end your list with:

"that's all I can think of at this moment."

This permits you to bring up additional items for the list later.

* Answer questions in simple terms. Yes or No is excellent, whenever possible.

* Stop after you answer the question that was asked. Then just wait for another question.

* Realize that you do not need absolute conclusions.

You only must express your best opinion, based on the most probable scenario,

and to a reasonable degree of scientific or medical certainty.

* People realize that not even an expert knows everything.

What you do know, you should answer confidently. What you do not knowshould be admitted readily.

These favored techniques for an expert hired as an expert witness are excerpted from my book Expert Witness Training. Get a head start on your competition by finding out how to earn additional

money as an expert witness in your specialty area.

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