Experts Can Sue and Be Sued

Jim Robinson's post on the Expert Witness Blog today is a must read. In Expert Witnesses Can Both Sue and Be Sued, Jim discusses issues from a key California case that probably are not known by most experts.

Expert Witness Key to $2M Verdict

Expert Witness Key to $2M Verdict (Massachusetts Lawyer Weekly)- After a certain number of cases, it is easy to forget the importance of what you say and do in your work as an expert and the possible consequences. You've heard the saying that many cases these days are settled or decided based on each side's experts; this is a prime example.

Sidenote: I hope the experts in this case use the publicity from this in their communication and marketing efforts!

Experts - Critique Your Communication Skills

With demonstrative evidence key to most litigation, you must remember not to let the visual aspects distract from your testimony. Trial lawyer Elliott Wilcox recently wrote an article for attorneys on this very subject. Called "Monkeys in Business Suits", it's a humorous look at how NOT to compete with the images you use in court.

How Do You Come Across on the Stand?

Do you know how you come across in deposition or courtroom testimony? Do you REALLY know? Steven Mikulan wrote a great article in LA Weekly about one expert's testimony in the Phil Spector murder trial.

Mikulan highlights the positive aspects of Dr. Louis Pena's testimony in reporting how "unbelievably believable","unruffled", and "downright helpful" he was, especially his skill in "breaking down esoteric subjects into homey analogies that everyone could understand.

Mikulan also points out Dr. Pena's he little 'tic' - "a nervous habit of pulling up one of his socks while on the witness stand," and describes how the cross-examination employed a common tactic of trying to force an expert to disprove a negative.

Let me know if it gives you any insight into your own habits and communication skills.