In the last few days I have been reading a LOT of expert witness testimony, while working with my new colleagues at Westlaw. For me, this is just fun, digging into thousands of collected and formatted expert depositions in the Westlaw collection, so as to ascertain litigation trends for future expert recruiting. I was in a sort of expert witness Disneyland.

Amidst all these documents that collectively painted a picture of specific litigation trends, certain passages would stand out from the usual high level of expert responses to examination, of which this is one. I offer it as evidence on the importance of early, frequent, and clear communication between expert and client.

Expert's statement: "So, but I'm not trying to say that I'm some sort of expert, I've been trained, I've been educated or anything like that.  Follow what I'm saying?"

Yes, absolutely.

Expert witnesses travel. A lot. Whether visiting a client, appearing in a court room, or traveling for an on-site analysis, Experts buy plane tickets, stay in hotels, eat meals, pay for taxis, pay for internet, parking, and so much more. Many experts negotiate to submit these as expenses to their clients, when they are case-related. However, for experts who absorb all or some of these costs, there are allowable deductions you can claim on your taxes.

You can deduct ordinary and necessary expenses you have when you travel away from home on business. The type of expense you can deduct depends on the facts and your circumstances, according to IRS publication 463, but industry trade conferences can generally be deducted, providing you can demonstrate that your attendance benefits your trade or business.

Of course, I am not a professional tax expert, so please consult your tax pro.

Expert witnesses rely on their spoken and written word to convey certain truths to juries. They are usually cross- examined on these words. Great experts know how to handle a good cross examination, by sticking to the facts, keeping their answers focused and to what they are sure of. But maybe that is not enough anymore.

Body language, as analyzed via video transcripts, is becoming an increasingly common tool, and not just in the court room, but sometimes months in advance by lawyers interviewing and retaining experts. By video taping the interview, clients can use a whole range of visual body language clues to ascertain the expert's comfort and confidence on areas of expertise.

"The words can all be spot on, but if a witness's body says I'm really uncomfortable with my position, the expert can immediately undermine a case,"

the whole story here.

Many Westlaw Round Table Group expert witnesses have home offices, as discussed in previous postings, reflecting a growing trend in telecommuting. Homepreneurism saves money and time commuting, may promote greater efficiency, and might permit certain tax deductions based on your home office. Maryam K. Ansari provides some excellent insight into the home office deductions, and risks. The American Bar Association Family Legal Guide offers some good advice on home office deductions as well. With tax day rapidly approaching, you should check this out!