Tips for Effective Expert Testimony

Posted In Law

Understand The Question

Pay attention to the question. Give consideration. You cannot inform the reality if you have never heard and known the question. If you don’t understand the question, you must ask the questioner to help make the question superior before you answer it. Many problems occur from failure to hear the question. This often happens when the expert assumes that he understands the actual question is and prevents hearing before it is completed. Look out for ambiguous personal references to “he/she, ” “they, ” “it” and hazy time personal references in the question.

It isn’t an indicator of ignorance, weakness, or insufficient co-operation to require acceptable clarification of questions. It really is an indicator of ignorance and an informal attitude to the reality to answer questions you don’t understand. Understand that attorneys often ask complicated questions because they’re thinking ahead to another question, aren’t using records, have puzzled or misstated the reality, have misinterpreted your previous answers, or are intentionally disregarding your previous answers. Find out here, expert witness testimony

Think Before Answering

Usually do not say “no” if the real answer is “I really do not remember. “No” means definitely not. “I really do not recall” means what it says. The second option answer may be more accurate than the previous.

Don’t Accept Opposing Counsel’s Statements

Do not acknowledge a “fact” simply because the lawyer questioning you said it. As the truth may be accurate, if you don’t know that, you can not truthfully acknowledge it.

Question: “You talked about the condition with Mr. Smith when you evaluated this notice with him, didn’t you?”

When you would have talked about “the problem” with Mr. Smith, if you don’t recall having analyzed the notice with him, say so.

USUALLY DO NOT “Play Lawyer”

Don’t make an effort to find out why the lawyer is requesting a specific question or group of questions if associated with not immediately obvious. This distracts you from hearing the question and answering truthfully. Indeed, the attorney may be baffled. She or he might not exactly even understand why the series has been pursued and might not determine what they’re talking about.

Do not believe, especially in a deposition, that the type of questioning is pertinent to anything There isn’t necessarily grounds for each question. Within a deposition, the attorney may ask a wide selection of questions on topics about that you know nothing at all only to learn if you understand anything about those issues.

CONCENTRATE ON The Question

Devote all your energy to responding to the question accurately rather than fretting about why it was asked. Give every question your complete focus and concentrated attention. There is absolutely no such thing as an unimportant, minimal, or “throwaway” question. A careless response to an informal, “unimportant” question is not the reality. If you’re sidetracked, say so and pause to gather your ideas. Never answer without complete concentrate on the question

This is what he said about immediate examination:

  • Planning and organization
  • You are a “ instructor ” on the stand; be likable, interesting, dynamic, human being and honest
  • Do not endorse or “ chat right down to the jury”
  • Keep it simple and understandable

o Keep in mind that you employ a diverse jury pool

  • Summarize what you will inform them and then what you informed them
  • Direct evaluation questions

o Rehearse with the attorney

o Don’t read from a “script”

  • Acknowledge issues with your analysis
  • Derail difficult issues.
  • Avoid long narrative answers (Jurors and Judges have a restricted attention period )
  • Use strong self-confident language , nor quibble.
  • Define words and phrases that aren’t commonly understood.
  • Use visual aids

o Elmo

o Diagrams

o Photos

o Videos

o A picture is actually worth one thousand words

  • Sit forwards and switch and speak to the jurors