The following is part one of a comprehensive guide detailing the use and retention of expert witnesses. It was written by Round Table Group's very own Toby Edwards.

What is an Expert Witness?

Definition of Expert.

"An expert witness is a person with proven specialized knowledge of a specific area, permitted to testify in court about an event or events even though they were not present."

Other Definitions of Expert:

Geographic issues: Tennessee, for instance has a rule requiring expert witnesses to be from Tennessee or a contiguous state, for medical malpractice cases.

Daubert: In 1993 the US Supreme court ruled on a motion arising from Daubert vs. Merrill Dow Pharmaceuticals.  In Daubert, the Supreme Court ordered federal trial judges to become the "gatekeepers" of scientific evidence, determining whether an expert's testimony is both relevant and reliable.

Relevant: pertinent to the case.

Reliable: the expert must have derived his or her conclusions from the scientific method

UK: The Expert must remain neutral, and answers to the Court. Indeed there has been at least one case where an expert was given a hefty fine for slanting testimony.

Why do you need one?

This is the biggest question you should ask yourself.

Generally, you need an expert when a critical argument of your case relies on a specific point of knowledge that laymen don't have. Thus a general point that 'boiling water can scald a hand' is laymen-knowledge. A specific point that 'hands exposed to boiling water over a 3 second duration can cause third degree burns' would need an expert.

It is only Monday. Let the despair begin. If you are like me sitting around your office too upset that it is only Monday to do any meaningful work, but still wanting to be slightly productive to justify ducking out early, check this out. The ideas come from the fine people at Daubert on the Web and are some clever Daubert "brainstorms" that the author wishes "somebody else would try first." I must admit, many of the ideas do seem to be innovative. Perhaps they are too ingenious for a Monday. lf so, then my apologies.