Expert Witness Testimony: Fear and Loathing or Fun and Games? David S. Curcio (Jackson Walker L.L.P.) March 24, 2009 Expert Witness Testimony: Fear and Loathing or Fun and Games? David S. Curcio Jackson Walker L.L.P. 1401 McKinney, Suite 1900 Houston, Texas 77010 713.752.4441 Tel 713.754.6714 Fax dcurcio@jw.com

Preparation Know the case Know the evidence Know your lawyer Know the opposition

Rules Always: TELL THE TRUTH Stick to your area of expertise Pay Attention For Depositions/Cross: Interrogator is the enemy Do not volunteer Do not converse

Characteristics Belief / Indifference Knowledge / Ignorance Humble / Arrogant

“It is better to be silent and thought a fool than to open your mouth and remove all doubt.” Abraham Lincoln

“If you tell the truth, you don’t have to remember anything else.” Mark Twain

“There are three signs of old age: loss of memory “There are three signs of old age: loss of memory ... I forget the other two.” Red Skelton

“Pretend inferiority and encourage your enemy’s arrogance.” Sun Tzu

“Liars when they speak the truth are not believed.” Aristotle

“There are no secrets to success “There are no secrets to success. It is the result of preparation, hard work, and learning from failure.” Colin Powell