Articles Posted in Trial Strategy

In Preparing an Expert Witness for Direct Examination: Time for a Pep Talk, medical expert witness Dr. Burton Bentley of Elite Medical Experts LLC writes:

From the perspective of the expert witness, direct examination is not a particularly enjoyable process. The adversarial environment, intensity of focus, and technical nature of the data all combine to add stress to an already demanding situation. Experts themselves also may have some degree of self-doubt, a subliminal fear of being placed under scrutiny magnified by the inherent human tendency to avoid criticizing others. In the absence of a focused mind, even the staunchest expert may melt under the spotlight of skillful direct examination. Consequently, an astute litigator must understand the perspective of the expert and then reinforce the skills that will lead to the expert’s success. Toward this end, a basic pep talk is a good place to begin.

In A Look Inside Hosted e-Discovery Pricing: Secrets your service provider may not want you to know, Megan Miller of Gallivan Gallivan & O’Melia writes for The Organization of Legal Professionals:

Lawyers and litigation support teams researching alternatives for e-discovery have a daunting task, complicated by the fact that information on which they will have to base an important purchase decision is often fuzzy at the time the e-discovery solution is being selected.

Read more at the Organization of Legal Professionals.

In As expert witnesses, industry experts play key roles in litigation cases, Rick Arnett writes that complex litigation requires “the powerful testimony of expert witnesses.”

Read more: djcoregon.com.

In More effective use of experts in slip-and-fall cases – The right expert will help you to better prepare the case and win it at trial, attorney David Reinard writes:

There is a second reason (besides trial) to retain an expert. A good expert can help you prepare the case. The expert can (and should):

• Help you prepare for key defense depositions,

In Attempting to Exclude Expert Testimony, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

The right to conduct voir dire examination is at the discretion of the court and may be accepted or rejected. It is important to note that the voir dire examination is very limited in its range. Questioning must be only about the expert’s lack of qualifications to render a meaningful opinion to the trier(s) of fact. Following voir dire, the attorney may make a motion to disqualify the witness from testifying due to inadequate qualifications in the field in which the expert claims to be qualified.

Attorneys facing a strong expert may use one or both methods in a tactical attempt to get the expert’s testimony and/or report excluded before trial even begins. For instance, during deposition of the expert, the opposing counsel can evaluate the strength, demeanor, and charisma of the expert. Equally important, the opposing attorney will examine in detail the expert’s report. When the expert’s report is professional, organized and accurate, and includes the necessary components such as the expert’s CV, list of cases, index, list of documents received and reviewed, discovery exhibits and demonstrative evidence and forms a strong, clear and supported opinion and conclusion, the opposing counsel knows he or she is facing an uphill battle in court.

In Litigating Competence-Five Central Questions, psychology expert witness Philip J. Kinsler, Ph.D., writes:

1. What general issues should a competency evaluation address?

1.1. In general an examination of competence should make reference to:

In Finding the Cure: Experts That Can Help You Win Your Case, trial attorney and internal medicine physician Russell Kussman writes that finding the right expert and knowing how to utilize them is a necessary skill in medical malpractice cases.

Read more: https://www.caala.org/index.cfm?pg=semwebCatalog&panel=showSWTL&titleID=3332.

In Attempting to Exclude Expert Testimony, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Because the use of expert witnesses at trial is increasing, it comes as no surprise that attempts to exclude expert testimony are also increasing.

The first and most common is a motion in limine, often made before the trial or before the expert witness testifies. In a motion to the court, the attorney attempts to make a clear and convincing argument that the witness is unqualified to render his or her opinion. The second approach, often combined with the motion in limine, is to move for a voir dire examination of the expert.

In Making Your Screen Shot Count – How to Defensibly Collect Web Pages and Social Media Posts When Risk of Spoliation is High or it is Infeasible to Collect from the Web Host, Paul Easton and Tom Klaff discuss electronic discovery and web based documents. They cite Arteria Property Pty Ltd. v. Universal Funding V.T.O., Inc. which states ” This Court sees no reason to treat websites differently than other electronic files.”

Read their article on the challenges of collecting web based evidence.

www.paralegalknowledge.com.

In More effective use of experts in slip-and-fall cases – The right expert will help you to better prepare the case and win it at trial, attorney David Reinard writes:

Unfortunately, juror common sense in a slip-and-fall can be boiled down to this: “Anyone who falls wasn’t paying attention.” The reality – as we all know –

is different. People acting reasonably often fall, through no fault of their own. You need to have an expert to explain why.