There is a dance involved in report writing. Experts need enough time and information to create excellent reports; attorneys often want to review the reports, but need to be cognizant that any change requests not impact the expert’s opinion or voice; and in the background confidentiality and discovery lurk over all the communication, with rules dependent on the given jurisdiction.
Being viewed as an expert before ever stepping foot in the courtroom, or with little to no testifying experience starts with respect in the field. Active professionals are the most likely to achieve this level of notoriety through participation at industry-specific events and organizations, notable certifications, and written work in trusted publications.
Over the last 27 years, we have coordinated and participated in tens of thousands of expert witness interviews. We’ve seen it all, from perfectly executed interviews to missed opportunities for critical lines of inquiry. Our experience highlights the importance of approaching expert interviews with the right mindset and preparation. It’s easy to get caught up in the details and strategy surrounding the case and miss the chance to gain a better understanding of the expert’s strengths and weaknesses.
Environmental, Social and Governance (ESG) litigation has become dominated by climate lawsuits, most notably filed against global energy companies like Shell Plc and Exxon Mobil Corp. The scope of ESG litigation is expanding, as regulatory developments pose new potential risks for a wider range of organizations. These broadening risks can largely be attributed to the demand for mandatory reporting requirements coupled with current legislation in the area. Now, we are witnessing an influx of lawsuits against both governments and corporations based on ESG statements in securities filings.
Seemingly capricious applications of Federal Rule of Evidence 702, which establishes a standard for the admissibility of expert witness testimony, have caused frustration among some attorneys for years. Starting in 2017, a committee formed to address the issue and their recommendations are now out. These proposed amendments to Rule 702 could go a long way toward strengthening reliability and benefiting the justice system.
University professors are a staple within the expert witness world, consulting and testifying for a diverse array of cases that match their expertise. Recently, University of Florida barred three of its professors from being experts against their employer, the state of Florida. This decision was met with swift criticism.
This article discusses what ‘winning’ and ‘losing’ looks like for a non-partisan expert, how that differs from how attorneys win and lose, why non-partisan experts can succeed against partisan experts, common business practices that affect an expert’s success, and preparing for testimony.
There are relatively few absolute truths. The findings of science and technology are empirical — based on evidence and/or observation and verifiable through evidence and observation — and empirical truths are typically nuanced. It is possible to compute the probability that patterns in software and data are random, and this result can be used to form an opinion.
As regulation of digital currencies is still developing, and uses are still being explored, cryptocurrency litigation has been on the rise. We take a look at three current cases and what this can mean for future litigation.
What happens when natural disasters such as tornados, hurricanes and other hazardous weather conditions cause significant damage to homes, businesses and entire communities? Who do you look to for these types of assessments? A forensic meteorologist is retained when disputed facts to hazardous weather conditions, such as hail occurrence, may or may not have caused a covered insurance loss.
International law presents a unique challenge to lawyers, where every country and jurisdiction is vastly different. Because of this, the use of expert witnesses is vital for understanding and effectively navigating a tricky case. So, how can you find and use the right experts for your practice?
Commercial litigation can be a war of attrition with heavy legal expenses building over time. Some strong cases are never pursued because the company or firm lacks the resources to see it through. While litigation insurance can be helpful for recuperating losses, many cases still need funding to go to trial.
Working with an expert witness is a nuanced process. From search and retention to consultation and trial, there is no one way to ensure a smooth collaboration and successful outcome. However, some attorneys have really honed and refined this process. Recently, we spoke with Brian Weinthal, who is one of the world’s leading experts on…
Artificial intelligence is one of the most bizarre, confusing, and astonishing staples of the 21st century. In fact, the entire concept of AI feels like it’s been pulled straight out of a sci-fi novel! However, AI is even more complicated and far-reaching than most people realize. In reality, it is impacting not just the tech industry, but also the legal field—among others. So, what do litigators, attorneys, or other legal professionals need to know about the increase of AI in 2021 and beyond?
Finding the right expert witness for a case is like finding a needle in a haystack—and, as a busy legal professional, you just don’t have the time to sift through all of that hay. That’s where Round Table Group comes in.