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Articles by Expert Witnesses

Disclosure of Facts or Data Considered by Expert Witnesses

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There are certain files that the expert witness must have in order to do his or her job of testing materials, reviewing certain details and forming an opinion based on facts. The disclosure of facts or data within the case is often something the judge must order the company or person to provide if the entity or individual does not feel it is necessary.

Retainer Agreements Provide Details of Services for Expert Witness

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The retainer agreement that an expert witness negotiates with the lawyer that hires him or her is the contractual document that provides the details for the services, expenses and other items the professional will experience for the case. The information in the paperwork is crucial to provide income to the expert and reimburse him or her for all costs related to the case.

Testimony Preparations for Expert Witnesses

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Before an expert witness presents testimony in the courtroom, he or she will need to prepare by completing various steps beforehand that give him or her the edge necessary to engage the courtroom judge or jury. Knowing these steps may help the professional accomplish his or her goals in informing the court of the necessary subject matter.

Confidentiality and Discretion of an Expert Witnesses to Avoid Conflicts of Interest

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Avoiding a conflict of interest is critical to remain a designated expert witness on a case and prevent disqualification from the judge which may remove the testimony possible. By following certain tips and removing access to reports, information and testimony, the professional may increase the possibility of staying on the case when presenting reliable testing and relevant information.

Objections Raised by Opposing Counsel against Expert Witnesses

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When an expert witness becomes part of the legal proceedings in a courtroom, there are certain objections to his or her testimony, testing methods or results and any relevance he or she has within the case with the subject matter. Voicing these objections is critical for the opposing legal team to ensure a fair and reasonable criminal or civil case.

Conflicts of Interest When Expert Witnesses Switch Sides

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There are certain issues with an expert witness switching from one legal team to another, and many of these involve the conflict of interest where the professional may have knowledge of the details or strategy the other side may have. Disqualifying the expert for engaging in this activity is often something the judge will consider based on the specific case.

What Happens If Your Expert Witness Is Disqualified?

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No matter how qualified the expert witness appears for a certain case, disqualification happens in more than half of the cases depending on either criminal or civil processes. When the profession is no longer a designated expert witness, it is still possible to keep him or her to help find and assess a new expert witness to help the case.

Voir Dire of an Expert Witness

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Qualifying an expert witness for a case is normally a complex matter that may require understanding the subject matter, the reliability of testing methods and the credentials the professional possesses. However, the voir dire of an expert witness for any case or claim generally is a preliminary step where later objections do not initially arise.

Vetting an Expert Witness

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Vetting an expert witness is imperative for the legal team to ensure that the opposing legal counsel is not successful in a challenge with reliability and relevance to the case subject matter. Vetting generally requires understanding and looking into the expert's background, finding discrepancies in credentials, and matching the expert with the case or claim.

Exposure Pathways - Standards for Expert Witness Opinions

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Expert witness opinions about various subjects are important to understand and proceed with knowledge and caution about dangers, complications and problems that may occur currently or in the future. With exposure pathways, it is essential to understand the standards that experts explain through opinions based on fact and the situation.

Public Interest Concerns of Disqualifying an Expert Witness

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Some high profile or special interest cases expose concerns over disqualifying an expert witness based on various aspects of the professional and the circumstances of the case. There are some claims where the professional has a conflict of interest that may cause disqualification even in light of public interest concerns with the expert witness.

Congress Considers 401(k) Changes

The Retirement Enhancement and Savings Act (RESA) is a bi-partisan legislative proposal designed to encourage the growth of retirement savings plans among small businesses and the workers they employ.

Taking Advantage of the Law Firm Search Engine Optimization You Already Performed

Provided by: DataFlurry
You have had a website online for quite a while now, spent time and money promoting the authority and value of your website. However, you likely have a massive amount of hidden value that you are not utilizing which can easily gain you more traffic and website inquiries for your legal services.

Contract Provisions for Expert Witness Agreements

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The various provisions in the expert witness contract usually deal with the compensation a professional will receive, the statement of services and comprehensive details of which items the expert will receive payment for with the case. These contracts retain the services of the professional for the specific claim or case and a new one is generally necessary for a different case.

What Does an Accident Reconstruction Expert Witness Do?

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Expert witnesses that reconstruct an accident generally start with the evidence, factors of the case and other elements that help them understand the incident to recreate it through a timeline and for each action that occurred. By accomplishing this goal, the expert witness is able to explain to the judge or jury panel what happened and how.

Do You Need an Expert Witness?

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The decision to hire an expert witness generally depends on the subject material of the case and how involved the matter is that could confuse the judge or panel of jury members. The more confusing or complicated the information, the greater the need to hire a professional exists, and this may lead to seeking the right fit for the claim.

Using an Expert Witness in an Arbitration

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Arbitration processes are generally similar to litigation but with significant differences that set these procedures apart to include the use of lawyers and binding or nonbinding conclusions. Arbitration is a formal method of resolving conflict before a third party that may require the services of an expert to explain complicated material just as in a civil suit.

Common Objections to Expert Witnesses in Federal Trials

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Expert witnesses face objections through both criminal and civil cases, and sometimes these professionals lose the challenge which leads to disqualification. However, some objections are for specific matters such as deposition issues, legal analysis and factual information connected to the case in a federal court.

What Police Expert Witnesses May Testify About

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Police expert witnesses in the courtroom usually are capable of providing testimony about a number of issues, but the topics they are able to discuss are limited to experience and educational background to remain reliable and relevant to the subject matter. Knowing the limitations is important for the lawyer and the officer hired for this job.

Family Medicine Expert Witnesses - Scope of Testimony

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Family medical expert witnesses generally are able to testify about certain matters pertaining to the patients, conditions and administrivia details connected to the healthcare matters of the family or specific person. Any subject outside of medicine or related-subject matter is generally not relevant to the background of the expert.

Expenses Included in Expert Witness Contracts

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Contracts between the lawyer and the expert witness have provisions for expenses and payment that the professional will acquire through his or her services for the claim or case in court. Some of these are for travel while others cover out-of-pocket costs such as testing, copying papers and developing pictures that increase the overall expense of the experience.

Damages Assessments by Expert Witnesses

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Damages assessments of the injury and all involved factors generally require calculations and multiplication agents that apply to the specific situation along with the severity and degree of harm. How the expert applies these numbers must remain fair and reasonable, so the judge or jury panel will accept a similar number for the plaintiff.

Working with a First-Time Expert Witness

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A first-time expert witness may require additional training and tips for best practices in the courtroom and testing to ensure a better experience and help to the client and lawyer. Through following these best practices, it is possible to increase the efficiency and productivity of the professional to strengthen the case and confidence in his or her abilities.

Expert Witness Training and Mentoring

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Experts often go through specialized training to become a witness in the courtroom with credentials that will pass the interview process before the judge and opposing legal counsel. The mentoring and training the professional progresses through generally happens with another expert in the same field who may introduce the person to the legal side.

Who Can Serve as a Mentor for Expert Witnesses?

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There are certain professionals that may act as a mentor or trainer for an expert witness, and these individuals often help the person through preparing testimony and working through various testing methods to make ready for the courtroom. Some mentors have a place in the claim or case to explain the qualifications of the expert and why he or she uses certain processes.

What Is an Expert Witness Retention Contract?

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Retaining an expert witness for a case is not as simple as hiring him or her for the testing of evidence or presentation of evidence in the courtroom, and the proposition requires a contract for services. Many items contained in the contract have provisions for payment, services rendered and how the expert may or may not work with the claim or case.

Multi-Employer Pension Funds May Run out of Money by 2025

More than 10 million workers who rely on pension programs from multiemployer plans may lose pension benefits in only seven years, according to a recent report from the Pension Benefit Guarantee Corporation (PBGC).

ERISA Litigation over 401(k) Plans Has Fiduciaries Pushing Back

ERISA litigation surged in 2016 and 2017, reports Bloomberg’s Bureau of National Affairs, with more than 50 litigation matters related to 401(k) plans filed with federal courts in each of those years.

Key Objections to Challenge Opposing Party’s Expert Witness

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When an expert witness has an involvement in a court case, the opposing legal team may need to challenge his or her testimony or qualifications to either remove him or her or to ensure that he or she should remain on the case. However, there are certain key objections that the opposing legal team may raise during the interview process.

Field of Expertise of an Expert Witness - How to Establish

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The field of expertise is important for any testifying witness, but it is crucial to ensure the reliability of the subject matter from an expert witness that will testify about the subject in his or her background. To ensure that the reliability exists, there are certain qualifications that the professional must present and an interview he or she must pass.

When Is Expert Witness Testimony Admissible?

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Ensuring that the testimony from an expert witness is admissible is of the utmost importance when the professional becomes part of the proceedings, and this is generally only possible if the expert passes the qualifications interview. Other rules regarding the admissibility of testimony exist and may apply depending on the type of case.

Best Maintenance Practices Reduce Risk at Commercial Properties

Those of us who own or operate commercial properties (office, retail, apartment communities, industrial buildings, etc.) know that there is a direct correlation between proper maintenance procedures and the risk of physical injury. In other words, poor maintenance practices increase the likelihood that someone will be injured on our properties. Good maintenance reduces that risk.

Teacher Pensions Focus of Strikes in Multiple States

Teachers in Kentucky, West Virginia, and Oklahoma have been vocal in their demands for improvements in teacher pensions, salary levels, and educational budgets in recent months. Arizona teachers stayed away from schools at the end of April, despite an offer by Governor Doug Ducey for a 20 percent salary increase by school year 2020 coupled with increased educational funding levels.

Winning Strategies to Depose an Expert Witness

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In order for a lawyer to remove an expert witness from the case, he or she must understand the subject matter within the situation fully and know when the professional is not as knowledgeable or understanding. Some experts are not the proper individuals to present testimony in the courtroom, and it is the task of the lawyer to root out these potential imposters.

Expert Witness Uses Blackbox Data to Create Accident Reconstruction

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Whether the black box is in a smaller vehicle or in an airplane that encounters a collision or accident, the expert tasked with reconstructing the incident may use the item to determine more of what happened than without it. The expert witness in these cases may need to use various tools, equipment and enhancement methods to increase the viability of the data on the black box.

Properly Preparing an Expert Witness for Trial

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Expert witnesses possess varying degrees of knowledge and experience with the court process, and even those that have the necessary skills may need to prepare with the lawyer before the trial begins. By using certain techniques and tips, it is possible to ensure the expert witness has what he or she needs to properly present his or her opinion.

Forensic Investigations and Odors

Provided by: Gossman Forensics
Our sense of smell is alerted when molecules of a particular odorous substance travel into the nose. Receptor cells within the nasal cavity become stimulated and take hold of the odor molecules. The interaction generates electrical signals, which are shuttled to the brain by nerve cells. The brain perceives odors and often accesses memories to remind us about people, events and places associated with the sensations.

Expert Witness Explains Racial Predispositions for Eyewitness Testimony

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Certain racial predispositions could affect eyewitness testimony for cases where a person is facing criminal prosecution or civil litigation and a victim exists. An expert witness is often part of these claims or cases, and he or she may need to explain the predisposition and how it colors the testimony in either negative or false details.

Out-of-Network Disputes in ERISA Health Plans Resolved by Litigation

Rising healthcare costs, the increasing complexity of plan administration under state and federal rules, and differing interpretations regarding reimbursement rates are resulting in increased litigation. “Out of network” disputes are a prime example. These disputes are often between the institutional medical service provider, such as a hospital, and a health insurance company, a self-insured employer, or a third-party administrator.

Role of Expert Witnesses in Arson Cases

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An expert witness is often vital to a criminal or civil case, and his or her role in the investigation or testing may provide a better understanding of the situation and if the defendant is either liable or committed a crime. The important on expert witness testimony increases or decreases based on the claim or case and who is liable or responsible for the arson.

Social Worker As an Expert Witness

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Social workers have a vital role as expert witnesses in certain types of cases and using such professionals in the courtroom or behind the scenes is essential. The claims of domestic violence, child abuse, sexual assault or battery and issues with custody or guardianship are all important subjects that a social worker may become necessary.

Pediatric Cases and Expert Witnesses - Unique Factors

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There are certain unique factors within a pediatric case that involve either the child affected or the circumstances surrounding the case that need exposure. Some of these factors may center around the medical aspect while others have a greater concern about behavior patterns, and there are some situations that require a psychological evaluation.

Pretrial Role of Expert Witness Testimony

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The expert witness has several duties to perform before he or she will testify in the courtroom before a jury or a judge, and some of these duties involve the testimony review before the courtroom event. Some experts may need to create a report that the judge or opposing legal counsel will have access to before the trial starts.

How to Improve the Quality of Expert Witness Testimony

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Expert witness testimony is often crucial to enlightening a judge or jury of certain matters or removing confusion about a case or claim with numerous or confounding factors. There are several ways that improving the testimony may provide a better picture of the matter or increase the chances of success in either a criminal or civil case.

Expert Witness Testimony about Standard of Care in Med-Mal Cases

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Medical malpractice suits have a great connection with the standards of care as these are what incur violations when the physician is not performing to his or her best or engages in negligence. The claim generally requires the expertise or knowledge of an expert witness to provide additional details or remove confusion about the situation.

Quality Assurance and Quality Control in Evidence Collection and Laboratory Analysis

Provided by: Gossman Forensics
Evidence collection, handling, transportation and laboratory analysis in any fire and/or explosion plays a critical role in all aspects of an investigation and litigation. Ensuring the quality of evidence collected and analyzed in the laboratory is essential for origin and causation determination and also in litigation and case strategy.

"Reasonable Degree of Medical Certainty" in Expert Witness Testimony

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Medical certainty affects what possible surgical procedure, treatment or medication a person would receive for a condition the patient possesses that could harm him or her. However, these words do not necessarily define a standard or require certain reference materials for the medical expert within his or her field of study.

Financial Expert Witness Requirements for a Money Laundering Case

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A financial expert witness in a money laundering case may provide the best details and explanation of accounting and financial books for the prosecution in convicting the defendant of these criminal acts. However, for an expert to remain within the case, he or she must possess certain requirements in his or her credentials that prove he or she is up to the case.

Computer Forensic Expert Witness: Role and Duties

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The duties and roles of a computer forensic expert witness often revolve around a criminal investigation where a computer is part of the illegal activity. However, these same experts may also have a use in a civil litigation case, for hacking purposes and when a person commits a white-collar crime, and the expert may become invaluable in proving the activity behind the computer.

Challenging Expert Witness Testimony Bankruptcy Litigation

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Challenges to the testimony of an expert witness occur often when the opposing legal team wants to try to disqualify the expert for the case, and in bankruptcy litigation, this is often important for the company. However, the rules work primarily the same for each case where the expert must have relevance in the subject matter and reliability in testing methods.

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