A View from the Witness Stand
Scott Gilbert
Gilbert Economics
Message
Maximize the expert witness’ value added to your case by
knowing their deliverables and how to get them.
Top Ten Deliverables of Expert Witnesses
1. Opinion on relevance of expertise to your case.
2. Aid in evidence gathering.
3. Opinion on the quality and sufficiency of evidence.
4. Aid in identifying other relevant expertise or experts.
5. Research.
6. Opinion on the legal question(s) at hand.
7. Opinion on other experts’ work and opinions.
8. Reports: written and oral.
9. Pre-testimony preparation & discussion with counsel.
10. Testimony at deposition and trial.
Top Ten Mistakes When Retaining an Expert Witness
1. Not providing the expert with the right legal question(s).
2. Being shy when asking the expert about “brass tacks”
3. Retaining the expert too close to discovery deadline: time’s up!
4. Misjudging the value of time spent with expert.
5. Not discussing quality/sufficiency/availability of evidence with expert.
6. Not using the expert to explore other relevant expertise/experts.
7. Not discussing other experts’ work/opinions with the expert.
8. Not providing feedback on reports or presentations.
9. Not enough pre-testimony discussion with expert.
10. Missed opportunities in testimony: witness, witness, witness .