Selecting and retaining an expert witness can be critical to a legal case’s success. This kind of testimony can clarify complex issues, bolster a party’s reputation and persuade judges or juries. They can be drawn from various disciplines, delivering testimonies that address liability, causation, damages, industry standards and best practices.
However, not all experts are equally effective in a courtroom setting. It is essential to carefully vet these witnesses to ensure they have the qualifications, communication skills and credibility. Here are expert witness selection tips and resources to find a candidate who will strengthen your case.
The Role of an Expert Witness
Specialist witnesses provide specialized knowledge that can clarify complex issues, strengthen arguments and ultimately influence a case’s outcome. They do not testify based on direct observations like fact witnesses but offer opinions based on their expertise. They help a court or jury understand technical, scientific or industry-specific issues beyond common knowledge.
The first step in finding an expert witness is to identify the precise area of specialization required. Start by assessing whether the case requires a generalist or someone highly specialized. For example, in a medical malpractice case, a board-certified surgeon in the same specialty as the defendant doctor may be more credible than a general practitioner. Experts can be drawn from various fields, including:
- Medical experts: Physicians, surgeons and forensic pathologists are commonly involved in medical malpractice, personal injury and wrongful death cases.
- Engineering experts: Structural, mechanical or electrical engineers can provide insights into construction defects, product failures or workplace safety issues.
- Financial and economic experts: Forensic accountants and economists help in cases involving business valuation, damages calculations or fraud.
- Scientific and technical experts: Chemists, toxicologists and data analysts contribute to environmental contamination cases, patent disputes and digital forensics.
What to Consider When Choosing an Expert Witness
A specialist’s reputation can significantly impact their testimony in court. It is crucial to investigate their part challenges to credibility, confirming whether their options have been excluded by courts under Daubert or Frye standards, what their reputation is among other attorneys and whether they have maintained long-term consistency in their approach to similar cases. An expert facing multiple Daubert challenges may have unreliable methodologies or biased options, making them a risky choice.
1. Evaluate Qualifications
A strong academic record and professional credentials are key to the witness’s trustworthiness. According to the Federal Rule of Evidence 702, the witness must be qualified on the subject they are testifying about. Attorneys should examine:
- The educational background, including degrees, certifications and ongoing professional development.
- Work experience in the relevant field or industry.
- Any professional affiliations, like membership in recognized industry organizations like the American Society of Civil Engineers.
- Publications and research where the candidate has authored books, peer-reviewed articles and contributions to industry standards.
- Licences and board certifications where applicable.
While an extensive academic background can be beneficial, practical experience in the field often carries more weight with jurors. For instance, in a defective product case, an expert with years of hands-on experience in manufacturing and product safety testing may be more persuasive than a professor who has never worked outside of academia.
2. Appraise Litigation Experience
Not all subject-matter specialists are effective in a legal setting. Expert witnesses should have prior deposition and trial experience to ensure they can withstand cross-examination. Key considerations include their ability to remain composed under pressure, their ability to explain complex concepts in layman’s terms, and whether or not they have taken contradictory positions in past cases.
A well-educated specialist who struggles to communicate or becomes flustered on the stand may do more harm than good. Reviewing prior deposition and trial transcripts can help assess an expert’s ability to testify convincingly.
3. Check Potential Conflicts of Interest
Attorneys must ensure that an expert witness does not have conflicts of interest that can undermine their credibility. Consider the candidate’s:
- Prior work: Has the candidate previously worked for or against the opposing party?
- Financial ties: Does the candidate have business relationships with any parties involved in the case?
- Personal biases: Does the expert have a history of taking extreme or one-sided positions?
4. Assess Commitment and Availability
Expert witnesses can have demanding schedules, so it is essential to confirm their availability for depositions, trial dates and case preparation meetings to conduct analyses with attorneys. Per Rule 26 of the Federal Rules of Civil Procedure, these witnesses must also write a report detailing their forthcoming testimony with additional facts and data supporting their opinions.
Establish clear expectations regarding time commitments from the outset, as an expert who is unavailable or unprepared for key proceedings or delays report submission can weaken a case.
5. Practical Considerations
Consider the costs of appointing the expert witness. Attorneys must balance cost with quality, ensuring that the expert’s value justifies their fee. In high-stakes litigation, investing in a well-qualified expert is often worthwhile. Their costs vary based on:
- Hourly rates for the case review, depositions and trial testimony
- Retainer agreements, as some require an upfront payment
- Additional expenses such as report preparation fees, research and travel
6. Personality Traits
The right expert must also possess key personality traits that enhance their testimony in court. Jurors often have little to no background in the expert’s field, highlighting the importance of traits like rigor, consistency, confidence, an ability to improvise and attention to detail. It is also important that they are comfortable enough and able to analyze new information on the spot, adjust their responses accordingly, and be skilled at recognizing and addressing weaknesses in their own opinions before opposing counsel can exploit them.
The best expert witness will relate to the jury when they can:
- Avoid excessive technical jargon
- Use examples and analyses to make abstract concepts understandable
- Maintain an engaging, authoritative tone without sounding rehearsed
Find an Expert Witness With Intellex
Choosing an expert witness requires careful vetting to ensure they have the necessary credentials, experience and communication skills. Attorneys should define the scope of expertise needed, assess qualifications, check for conflicts of interest and evaluate the candidate’s ability to perform effectively in court. Timing is crucial, so it is important to start looking for an expert witness early on. This process can be simplified when you partner with a reputable service provider.
At Intellex, we know how to find the right expert witness. Through years of industry experience and investing in peer relationships, we can offer legal entities highly experienced, on-demand subject matter experts available for consulting and expert witness engagements. Our experts are already vetted within their respective sectors, and we have access to individuals with experience in over 30,000 different areas of expertise. From litigation to CPG, consumables and industrial manufacturing, we can deliver your case’s experts.
Strengthen your case and find an expert witness today.
