Effective Expert Witnessing. Qualities that help Meet Daubert standards Credentials Solid Methodology Current w/ literature Employment history/experience.

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Presentation transcript:

Effective Expert Witnessing

Qualities that help Meet Daubert standards Credentials Solid Methodology Current w/ literature Employment history/experience Education Tone of voice

Qualities that help Poise Training Eye contact w/ jury Emotions in check Speak slowly Professional dress Being prepared (includes documents)

Discrediting qualities Opposites of helpful qualities

Daubert standards 1.The science can and has been tested. 2.The science has been subject to peer review and publication. 3.Known/potential error rate of the science. 4.General acceptance of the science. 5.Technique must follow standards.

Build your credentials Take appropriate course work Grad school? Apprenticeship Subscribe to journals in your field Attend conferences, workshops Join associations Attend trials

Credentials continued Certifications Internships/coops Networking Experiment/publish Speech class Debate class (forensics club?) List serves

Litigation Process A) Pre –trial process B) Preparing for trial C) Courtroom

Pre-trial process 1. Complaint filed 2. Discovery a. Interrogatories b. Documents Automatic disclosure Production of documents Organization of documents Chain of custody Expert report c. Deposition

Complaint filed Response by defense: Look for legal or factual grounds for dismissal Waiver signed? Assumption of risk? Statute of limitations Counterclaim Third party claim

Discovery Equals fact finding by both sides Prevents surprises in the courtroom Info, documents, expert witnesses

Interrogatories Series of written questions sent to the opposition. Burdensome Expensive # can be limited by rule

Automatic disclosure Must give info w/o waiting for request Witnesses: name, address, subject Relevant documents Expert disclosure

Production of Documents 30 days to respond to request Expert tells lawyer types of documents that may be useful Letters, drawings, graphs, charts Photos, phone records, lab results Drafts, handwritten notes, diaries

Privileged info A) Attorney-client B) Work-product privilege C) Proprietary processes and Patents Privilege

Feast or famine strategies Give the other side too much that important info gets lost Give the other side only what they request