Expert Witnesses and Hired Guns
The adversarial nature of our legal system has created a market for the hired gun (expert witness) who can spin their opinion and “facts” in a manner that favors their clients. Following my years as an expert witness I have come to realize that there are experts who can write convincing reports and testify persuasively on all matters related to damages. The valuable expert representing the other side must figure out how to remain neutral while maintaining their integrity, and reduce the effectiveness of the adversary’s expert.
Here are a few tips.
- Educate the Trier – Your primary goal should be to help the judge or jury understand the evidence.
- When reviewing the advisory’s rebuttal to your opinion DO NOT take anything personal. Resist the urge to respond immediately. That goes for both the trial and depositions.
- Be sure to read the written rebuttal several times taking notes on the areas of agreement first.
- Then focus on the disagreements and errors.
- Keep your critique professional – do not enter into a rebuttal battle. That’s the attorney’s job.
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