Usually, the line between the role of the attorney and the role of the expert is obvious, but there are some points – perhaps based on type of expertise or the rules of the venue – where it can seem a little hazy. The ideal situation is one where the attorney and expert fit together perfectly. They know their roles and responsibilities, and they address those issues with conviction.
In order for your client to have a successful outcome, the judge and jury need to understand and believe their story. It is worth your time and the expert’s time to make sure everyone is on the same page, follows the same script, knows their roles, and understands where the story is leading when you begin.
There are certain rules you must follow when giving testimony – to tell the truth, to be impartial, to keep to the rules of the court – but it’s important to consider demeanor and delivery as well. And, sometimes, a little levity and civility.
Experts are crucial to a client’s case, but they may not understand the rules in effect for their particular matter. To avoid discovery pitfalls, it is important to set expectations at the beginning of the process. Experts should be asked about the confidentiality rules at the start of any discussion with a lawyer.
While experience in your field is extremely significant to your success as an expert witness, other factors are crucial to truly being effective. Many of these factors fall under the umbrella of knowing yourself.
Legal teams can help position their experts for success by ensuring they are equipped with everything needed to be convincing and authoritative in the role. Even the most experienced experts need preparation prior to testimony.
Earlier this year, we had a conversation on our podcast with Insurance Claims Expert, Kevin Quinley. He shared some gems about how to write a successful expert witness report. He highlights timelines, navigating your first draft, breaking it into sections, proofreading and knowing your audience ahead of time for the draft.
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.
Data breaches and cyber security hacks have been on the rise in the US, with reported cybercrimes up 300% since the start of the COVID-19 pandemic in 2020. Experts estimate ransomware damage costs will rise to $20 billion in 2021. The influx of businesses falling victim to data security breaches and IT attacks is resulting in increased litigation.
Disruption to the global supply chain opens the door to litigation for everyone from manufacturers to distributors to retailers. This situation raises questions about responsibility: Who is responsible if there are faulty products as a result of supply chain disruptions? What happens if the rapid restarting of manufacturing causes problems with product quality and liability? How will disruptions impact contracts, and how can they be renegotiated?
While some litigation receives little to no attention, allowing the proceedings to play out quietly, other cases catch the eye of the news or the public. When this happens, it is up to the defense lawyer to ensure a fair trial. Because of this, lawyers need the right toolbox to address pretrial publicity before it gets out of hand.
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.
With years of experience in the expert witness field under his belt, Ashish Arun specializes in the intersection of law and technology. As the Principal Owner of Expert Witness Profiler, Ashish provides detailed expert witness reports to attorneys so they can be more prepared in court. So, what kind of information do these reports provide, and why should you order one for your next case?
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…
Pro bono work is more important than ever before, and Round Table Group has had the honor of working with so many attorneys dedicated to representing their pro bono clients. On our podcast, Discussions at the Round Table, we recently sat down with Greg McConnell, the Senior Pro Bono Counsel at Winston & Strawn. Greg…
On occasion, we as business owners see advertisements from competitors that seem false. Remember back in the 1980’s when now famous commercials came across your TV for garbage bags that would leak, batteries that would die early, or someone would claim to have the lowest prices in the universe? False advertising has been an issue since…
H. Bernard Tisdale has been practicing employment law for over 25 years. During this time, he has covered a wide variety of cases—including those focused on employee safety and health—that have required the insight of an expert witness. In these cases, confidentiality and privilege are essential for protecting the expert’s work and, ultimately, winning the case. But, with varying rules around attorney-client privilege and work-product protection, how do you maintain confidentiality while still getting the most out of your relationship?
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?
Are you an attorney, litigator, or legal professional looking for a meaningful cause to dedicate your skillset and services to? Do you want to give back to your community, but don’t know where—or how—to start?
Over 90% of cases settle, though it could take months or even years before settlement discussions become serious for all parties involved. There are methods to help legal teams expedite these discussions, and one of our renowned experts has pioneered a process using game theory that achieves just that.
Round Table Group is the expert at finding and placing expert witnesses using its extensive database and network. But, what happens after an expert witness is placed? Does the team at Round Table Group remain involved in the outcome, or does it simply leave the rest of the process up to the client?
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.