Busy lawyers and the expert witnesses they hire can’t always meet in person during the selection process, case preparations, or trial. As the case gets going, scheduling in-person meetings with an expert can be a tough proposition. An expert you…
Within United States jurisprudence, there are generally two major competing standards which are based in two seminal decisions – a D.C. Circuit case, Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and a U.S. Supreme Court decision, Daubert…
Based on their credentials, professional experience, and review of evidence presented at trial, experts can offer testimony regarding events they did not witness firsthand. This is generally acceptable in personal injury cases, mass tort matters, or in trials involving accident…
Occasionally, a unique case comes along that requires niche expertise. In these instances, most lawyers will immediately turn to their go-to roster of experts and quickly realize no one has exactly the qualifications needed to opine on the issues at…
An expert witness, by nature, is a deferential figure during a trial who possesses knowledge that the average juror (or judge, or attorney) does not. According to the legal definition under Rule 702 of the Federal Rules of Evidence, a…
Attorneys frequently retain psychologists as expert witnesses to opine on a plaintiff’s cognitive, emotional, or psychological damages suffered as a result of a personal injury, traumatic event, malpractice, or negligent care. Psychology expert witnesses can also evaluate a defendant’s competency…
It’s not unethical for treating physicians to testify as expert witnesses in legal proceedings. However, physicians offering expert testimony for their own patients are increasingly coming under scrutiny. Such testimony tends to bring about sensitive concerns and issues. For these…
Your goal as a litigator is to win favorable outcomes for clients—pure and simple. When advocating for your client it’s important to recognize that “hired gun” experts can create problems for your case and ultimately deter you from prevailing. “Hired…
Expert witness credibility can make or break legal cases. Your expert witness must be credible in the eyes of two audiences: the judge and the jury. Lawsuits frequently depend on how juries interpret expert witness technical or industry standards testimony.…
When dealing with an expert witness, exposing the truth is not only an essential part of a cross examination, but one that becomes imperative. An attorney must ask questions to allow the jury to see that the opposing expert witness…