Preparing to be an Expert Witness
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Improve your witness preparation technique with both expert and percipient witnesses.Lawyers use expert witnesses as a matter of necessity, but most of the time, the case does not get the maximum benefit because jurors are not as moved by that witness as the attorney had thought, or hoped. It starts with lawyers thinking that the more important word in the term 'expert witness' is 'expert.' It's not. The more important word is 'witness.' Both lawyers and expert witnesses need to understand what jurors think of expert witnesses . . . and reverse their mindset, and insist on better performance as witnesses from their experts. This topic helps the lawyers and expert witnesses alike to understand juror attitudes and opinions of expert witness testimony in trial and in deposition (if they see video clips during the trial), and then prepare the expert witness better to give jurors what they need. For example, jurors are much less impressed with the witness' curriculum vitae than the lawyer is, so several minutes of going through the c.v. to qualify the expert witness at the outset of testimony, while seemingly valuable to counsel, is a waste of time and off-putting to jurors. This and other counter-intuitive realities will be explored and solved.
AuthorsRichard P. Matthews, Juryology
"Expert" vs. "Expert Witness"
• What's the Difference? Why Should Counsel or the Expert Witness Care About This Phrase?
• Two Routes to the Witness Stand
• What Does Any of This Matter to Jurors?
Juror Decision Making
• Key Factors That Drive Juror Decision Making
• Relationship to Expert Witnesses
• Juror Expectations of Expert Witnesses
Turning the Expert Into an Expert Witness
• Crucial Witness Skills to Learn and Use
• Pitfalls to Avoid
• Courtroom Moves to Maximize the Value of the Expert Witness