Posted on January 23, 2009 3:09 PM |Permalink |TrackBacks (0)

In their book How to Become a Dangerous Expert Witness, expert witness training specialists Steven Babitsky and James Mangraviti list how "dangerous expert witnesses" present their opinions.

Here are a few of their bulletproof ideas:

• Carefully and confidently state all opinions using the correct "magic words" for the case at hand.
• Do not overstate or understate opinions.
• Act consistently inside and outside of the litigation.
• Know the applicable law.
• Be prepared to clearly and convincingly explain disagreements with the opinions of opposing experts.
  
• Test alternate opinions and be prepared to explain clearly and convincingly why alternative opinions were not adopted.
• Examine the key evidence as quickly as possible to reduce the likelihood of its condition changing.
• Never testify outside one's true area of expertise.
• Never write notes that are inflammatory, show bias, or could be used to undermine the expert's opinion.
• Do not share draft reports with retaining counsel.
• Maintain accurate bills to minimize the chance of one's own bills being used to undermine the expert opinion.

Let us know if this list helps you prepare for you next case.

Clark

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