Articles Posted in Researching Experts

In What is Forensic Psychiatry?, forensic psychiatry expert witness Dr. Jerald H. Ratner, M.D., L.F.A.P.A., F.A.B.F.E., describes the role of the forensic psychiatrist:

A psychiatrist with forensic expertise can assist attorneys, federal agencies, plaintiffs, defendants, and the courts to evaluate claims for psychiatric damages, disability and competency.

A psychiatrist with forensic experience is a physician who integrates clinical experience, knowledge of medicine, mental health, and the neurosciences to form an independent, objective opinion. Relevant data is gathered, analyzed and synthesized as part of a process of alternative hypothesis testing to formulate an expert medical/psychiatric opinion. The expert opinion is fortified and validated by a psychiatrist who maintains a predominantly clinical practice (i.e., evaluates and treats patients on a continuous and active basis).

When hiring the mechanical engineering expert witness, explain your client’s goals in the case. The expert also needs to hear your approach to the case. It may be that the expert’s opinion is against your own so it is advisable to find this out before the expert sees your case documents.

It is also a good idea to research any advertising the expert may have. Get copies of ads from the expert to determine how he or she may present themselves in front of a jury. They will not respond well to an expert who appears to be a “hired gun.” An expert’s own web site should be carefully reviewed prior to retaining them. Is there anything embarrassing or contradictory on the site? Does the expert pronounce that he or she “is the leader in the industry” or put forth similar bravado that could affect how the jury perceives the expert? Imagine how the jury would react if the pages of the expert’s web site were displayed as exhibits at trial – because they very well could be.

In Assessing the Truth: How Forensic Psychiatrists and Psychologists Evaluate Litigants, Dr. Mark Levy, a Distinguished Life Fellow of the American Psychiatric Association and ADA expert writes:

Unlike a treating clinician whose mission is to alleviate suffering and, thus, when called to testify, is appropriately an advocate for his patient, the forensic psychiatrist and psychologist have a different mission: our task is to determine as accurately as possible what is objectively true with regard to diagnosis, the medical course, treatment and prognosis, based upon clinical evidence. Accurate diagnosis is all important. The other opinions such as course, prognosis and treatment flow from this.

Modern medicine is evidence-based and so too is modern forensic psychiatry. It is no longer enough for an expert to simply rely upon his authority and say, in effect, “I have been in practice for 30 plus years and have earned this and that degree and credential and honor, therefore what I say is true, is true because I say so.” Today, an expert must be prepared to answer the underlying question, “Upon what objective clinical evidence, Doctor, do you base your opinions and conclusions?”

Dr. Mark Levy, a Distinguished Life Fellow of the American Psychiatric Association and ADA expert writes:

Assessing the Truth: How Forensic Psychiatrists and Psychologists Evaluate Litigants

Forensic psychiatrists and psychologists are mental health professional who have undergone addition training and have obtained advanced credentials in forensic psychiatry and psychology from their respective professional certifying boards. Their practice, like the practice of law, is divided into broad criminal and civil areas. In the criminal arena, forensic psychiatric and psychological experts are usually asked to opine about questions of capacity and sometimes, during sentencing, on mitigation. In the civil arena, forensic practice is more broad, covering, like your Bar Association does, many individual sections of legal practice, from probate to personal injury to family to employment law.

1. Use a written agreement. If possible, specify a limit the expert cannot go over without your approval.

2. Expert fees will include travel time, travel expenses, and preparation.

3. Note that the expert’s fee for testimony may be higher than for reviewing a file and that the rate for appearing in court is usually per diem.

In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained? In this excerpt, they write on showing an open posture to the jurors:

Show an Open Posture to the Jurors The first ingredient of a winning courtroom style is to show an open physical attitude, which illustrates an open psychological attitude. The jurors’ perceptions of an expert’s honesty, sincerity, self-confidence and leadership is formed by how open or closed the expert presents herself to them. The expert who exhibits an open attitude will elicit openness from the jurors; the expert who closes off from the jurors will see the same posture mirrored back from them. The following gestures communicate an open, honest, cooperative attitude:

Keep the abdomen open

In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained? In this excerpt, they write on showing an open posture to the jurors:

Show one’s hand

Some people approach life like a poker game: cautious, leery and holding their hands close to their chest so no one can see what’s up their sleeve. This attitude may be appropriate in some places, but not inside the courtroom.

In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained?

The nonverbal language is powerful; more powerful than the verbal because it is the primal language of feelings. Most of the attributes of a good expert witness are nonverbal attributes, i.e., self-confidence, politeness, sincerity, preparedness, awareness, relaxed excellence. These are nonverbal attributes because they are based on other people’s perceptions of a person, rather than what the person says about himself. For instance, an expert can declare to the jury that he is credible, but that declaration does not make him credible. The jurors make an expert credible; their perceptions determine who is or is not credible.

In Five Imperatives for Expert Witnesses, SynchronicsGroup Trial Consultants, one of the oldest jury and trial consulting firms in the country, writes on “Are good experts born, or can they be trained?

Good experts are good performers, without being theatrical. They keep an eagle’s eye on their jurors – checking out the level of interest, noting which juror is asleep, which is bored. The worst time for experts to testify is after lunch, between the hours of 1:30 and 3:00. So during that time, they have to be especially innovative – talk louder, show an interesting prop or exhibit or get out of the witness chair and address the jurors directly (with the judge’s permission, of course.) All the while, these tasks must be carried out maintaining a demeanor of “relaxed excellence,” an attitude which communicates control, leadership and power.

So, is it possible to learn the skills involved in communicating these subtle nuances? Or do you have to be born with a special sensitivity and natural talent? As complicated a job as it is, being a good expert witness can be learned. And most of the learning has to do with making the nonverbal language – which is spoken on an unconscious level – conscious. By bringing the silent, subtle messages that are communicated nonverbally to light, and examining them through the lens of reason, one can gain control over that language and begin to use it in an intelligent, purposeful way.

In Tips For Selecting The Right Expert Witness Service (Skynewswire.com), Rosie Fletcher writes that there is always a possibility that attorneys will need the services of an expert witness. Hiring the right medical expert witness, for example, will provide proof and testimony in court to support your case.

Even if you don’t need to hire the right expert witness service now, you could need one later so its better to be prepared in advance. The expect witness service you’ll avail of must meet the following criteria:

5. Training and Workshops Attended