Engaging the right expert witness can be pivotal to the success of a case. Expert witnesses are called upon to help the court explain complex material to assist the court in understanding highly technical issues. Lawyers must consider these qualities to ensure that their witness is credible, persuasive, and reliable.
The following are the most important items to identify in an expert witness:
Clarity and Simplicity
Expert witnesses are hired to explain subjects that are technical and highly complex. Most courts are presented with opinions from experts hired by both claimants. Since courts lack the requisite background to understand these subjects, the opinion that will “win” is often the one that is explained in a manner that is simple and easy to understand. The expert witness that is able to streamline their message into intelligible pieces usually will be more successful than one who relies on the weight of their expertise to carry the day.
Analytical and Critical Thinking
The best expert witnesses will be able to draw meaningful conclusions from complicated data. This often requires meticulous examination of evidence to identify key information, creativity in approaching complex problems, then form sound conclusions based on that data. Otherwise, you risk their conclusions being dismissed by the court as irrelevant or speculative.
Composure Under Pressure
Testimony, especially depositions, are high pressure tests of endurance. When an expert witness gets tired, they make mistakes. These mistakes give opposing counsel useful sound bites that potentially support their position or discredit yours. When giving testimony, especially at deposition, between the expert and opposing counsel, the one who “wins” is whomever tires out last. An effective expert witness can shoulder the pressure and keep calm and composed.
Adaptability
Expert witnesses have to address unexpected lines of questioning. Effective lawyers make good use of hypothetical questions, which are difficult to anticipate. Experienced trial lawyers know when answers from an expert are being evasive. An expert witness needs to answer these questions, while maintaining the integrity of their conclusions.
Teamwork
Expert witnesses are only one part of a larger legal strategy. To be an effective part of that team, an effective expert witness needs the ability to understand the legal team’s needs and integrate feedback. An expert must simultaneously be able to evolve their opinions based on new evidence or legal arguments, but also only give opinions in areas they are qualified to opine.
Checklist Items
These are the items that are (i) necessary for an expert to be qualified by as an expert by the court, (ii) easy to assess based on an expert’s resume, and (iii) anyone who is holding themselves out as an expert will have no difficulty meeting. But they should be checked.
- Prior Testimony. Courtroom experience can greatly influence the effectiveness of an expert witness. This information will be listed in the expert’s resume.
- Education, Expertise and Professional Credentials. Experts want you to know this information, and will list any relevant education, professional credentials and industry experience on their resume.
- Objectivity, Credibility and Integrity. Expert witnesses need to provide unbiased and impartial opinions. Bias, either in fact in appearance, must also be avoided. Most professional credentials are associated with a professional organization, which include the ethical standards to which they adhere, listings of their members, and ruling from disciplinary actions.
An effective expert witness can be instrumental in providing clarity and credibility to a legal case. It’s essential to find an expert witness who can form sound conclusions, who is able to communicate their conclusions clearly and effectively, and who will remain composed and adaptable when giving testimony. By carefully assessing these qualities, you can ensure that an expert witness will effectively support your case and stand up to scrutiny.