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The expert’s direct examination should originate from a script, but the testimony must not appear scripted.  Knowing that expert testimony has to be presented in question and answer format, the expert should reduce the proposed testimony to a question & answer format and collaborate with the examining lawyer .   Some authorities say it’s never […]

Trial preparation begins long before your direct examination. Here are three key points to remember regarding long-term trial preparation:  Your best preparation is the thorough and objective development of your analysis and opinion in the case.  Don’t allow your client or their lawyer bully you into blindly adopting their arguments on your substantive issue.  Don’t

Selling your services as a forensic consultant is very different from marketing your services as a non-litigation professional. The adversarial nature of litigation services requires a careful approach to direct advertising, newsletters, and other solicitations for business. The opposition will take any fact or statement out of context and try to use it to distort

One of the great challenges in an expert witness project is to develop a theoretically sound expert opinion that embraces all of the relevant facts, adopts reasonable assumptions, and applies sound rationale to derive a supportable conclusion. In order to do this, the forensic consultant must aggressively develop and repeatedly challenge the underlying facts and

Successful expert witness testimony doesn’t begin on the witness stand; it begins the moment you become aware you might be retained in a litigation case.   There are ten rules of expert witness file documentation that are critical to your success on the witness stand. File documentation may seem to be an administrative task, but