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What Makes A Good Expert?

Finding a competent expert is key to presenting a strong legal case. Experts are used to give opinions that support important points linked to the cause or effects of what happened. At Huseby, our court reporters have seen expert witnesses that captivate judges and juries, watched those that turn them off completely or just plain ruined a case by accident. A good expert can make the difference between winning and losing. The best experts are knowledgeable in their field and make a favorable impression on a jury. Here are some characteristics and traits for a good expert witness to keep in mind.

Education

When choosing a lawsuit expert, look for someone who is well educated in the exact testimony topic. When it exists in that field, choose someone with a college degree or training program certificate. They should have significant experience both professionally and physically with the task that is the subject of their testimony.

Personality
Experts should appear unbiased to the party on the other side by discussing facts, and refrain from making comments that people might find offensive. As with everyday life, if someone thinks the individual is arrogant or annoying, they will be less likely to believe what they are saying and place less credibility on what they hear.

Background
While nothing states a witness cannot have a criminal record, those that do lose credibility and respect with juries and judges. Count on opposing counsel to make the most of it. They should have few, if any, lawsuits filed against them. Where doctors are concerned, they should have minimal backgrounds with medical malpractice cases. In most states, lawyers are allowed to ask witnesses if they have any felony convictions or any misdemeanors involving lying, cheating or stealing.

Comprehension
Good expert witnesses have a number of characteristics that make it easier for  jurors and even lawyers to understand the subject. They should speak clearly and use words that people can understand. Using words with four or five syllables may make them sound intelligent, but the message is lost if no one can understand what they are saying. Mumblers make poor witnesses, even if they are intelligent and well-qualified to testify. Again, if people cannot understand what they are saying, it won’t matter.

Preparation

A good witness should be familiar with the key points of the case and know the basic subject or subjects they are expected to comment on for their testimony. They should be able to back up their opinions with factual information beyond “because I said so.” A strong attorney will help prepare the expert witness by running through the basic case information as it pertains to that witness and should explain the importance of speaking honestly, clearly and loudly. This will make him popular not only with the jury and judge, but also with court reporting services that must hear what is said in order to accurately take down the testimony.

One Comment


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    Melinda @ Court Reporting Services
    Posted October 25, 2010 at 5:36 pm | Permalink

    This is great info, thanks. I have heard horror stories of experts witness whose use of testimony should have definitely been rethought. And many who are quite biased with in the matters.

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