They need be to be able to recite them accurately, or else not at all. In order to write a successful and persuasive expert witness report, the expert must know the facts of the case. I try to keep everything at a level at which various members of my support staff can understand it. Usually, the reader does not have such skill. In doing that, they “assume” the reader has the same level of knowledge to as they do, that the reader already knows what is being written about. Too many experts think it is important to sound intelligent and impress the reader with their knowledge. Write it so that it can be explained simply. The most common mistake is the failure to do so. The expert needs to write it in a manner that if parts are read to a jury, they will have no problem following its meaning. When it comes time for the expert to write his or her report, they need to be able to communicate that expertise to an audience of laypeople. We know the expert has the skill, the knowledge, and the expertise to be called an expert. Plus the damage done by later adding or changing opinions and conclusions is self-evident. Lack of communication between experts often results in inconsistent, and easily attacked, opinions. Then they need to be able to build their reports on the shoulders of the other team members. The experts need to talk to one another during the formation stage. Plus, in cases where multiple disciplines are used such as life care planner, economist, vocational rehabilitation coach, and orthopedist, communication between the experts and coordination and cohesiveness of opinions is paramount. When additional opinions are later added, impeachment of the conclusions reached in the original report becomes very easy. Many experts, in numerous disciplines, treat their report as the beginning of the discussion. The report needs to be thorough, complete and needs to address the issue(s) presented.Īn expert report writer must keep in mind that the report is NOT the starting point for discussion. This is because major issues are not addressed or prepared for. The failure to contact the retaining attorney regarding any concerns before completing the report can result in the loss of the case. The expert must be fully prepared before preparing the report. The most common mistake I see in expert report writing are opinions that are not supported by substantial evidence which are subject to attack at deposition and trial. Fisher – Freeman, Freeman & Smiley, LLPĪ good expert witness report should be clear and precise about the opinions and conclusions of the expert, as well as the basis for each conclusion reached by the writer in the report. As noted above, reports that are not clear in their conclusions and the basis for their opinions. Not giving me practical advice when there is a practical solution to a problem of which they are aware because of their expertise.ģ. Second, it presents me with the problem of lacking confidence in my expert witness and determining whether I should rely on that person.Ģ. Rather than waiting for the expert to get hammered on the witness stand or in deposition. I can also handle it in a manner that is in the client’s best interest. Often, by telling me the “bad news,” I can best decide how to handle the matter early on. I can decide whether the report should be used as evidence. First, if the expert truly is one, I need to know what reality is. Attempting to tell me what they think I want to hear. The detail that follows provides credibility to the clear, succinct statement.ġ. The major criticism I have with most expert witness reports I’ve seen, and therefore my most important tip, is with respect to experts’ inability to state a conclusion succinctly and clearly up front, and to follow it with a succinct statement as to their reasons for that conclusion. We’ve caught up with a few top litigators, trial consultants, and experts who’ve shared their best advice for honing your expert witness report into a compelling, and convincing, piece of evidence.Īs a trial lawyer handling complex cases, I use experts frequently. However, it’s also important to do your own homework. A good attorney will work with you every step of the way to ensure that your impact on the case is as substantial as possible. As a new expert witness, one of the most confusing – and important – elements of your expert witness testimony will be your expert witness report.
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