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Advanced Expert Witness Legal Strategy Techniques

Hiring an expert witness is necessary for many cases where evidence needs to be explained, to connect the proof gathered to one or the other party and in detailing certain factors of the case to the judge or jury.

A dangerous expert witness is an expert witness that puts fear into opposing counsel. Opposing lawyers are concerned about the dangerous expert’s expertise, command of the facts and his ability to communicate, teach and persuade the jury.

Dangerous experts understand how to defeat opposing counsel’s tactics and are even capable of turning the tables on opposing counsel. When a lawyer has hired an expert witness, he or she may give the go ahead for him or her to employ advanced legal strategy techniques so that the claim is strengthened and the evidence is clear. These strategies and techniques may result in a stronger case, but it is important to know when they are necessary and how to successfully utilize them.

Expert witnesses with the ability to use advanced strategy and techniques are considered dangerous with the most sought after skillset.
They are often the most charismatic, charming and well-spoken professionals in the courtroom. When one of these individuals has been hired, a settlement offer may be increased to attempt to avoid litigation with a judge or jury. Because they are sought after competitively, these professionals are hired at a premium fee and may assist in closing the claim faster. Their presence may lead opposing counsel to attempt to end the case quicker. Other legal strategy techniques may assist in proving who is liable and holding him or her accountable.

What is a Dangerous Expert Witness?

An expert witness with a classification as dangerous has at least five characteristics in the courtroom. He or she is able to prevent complications, is extensively prepared, has great persuasion skills, performs admirably during cross-examination and is able to unravel the opposing counsel’s argument or questions. These professionals are able to use the truth as a weapon, and they rarely if at all lie. They pay close attention during the case and to all processes. Their words are carefully designed to avoid certain matters, words and concepts. They may have the ability to charge greater amounts, but their fees are often reasonable. Their manner generally reflects confidence, competence and an image of professionalism.

Because certain cases require more resources, a dangerous expert witness with advanced techniques may avoid any claim that has restrictions on budget. The testimony provided has certain wording and phrases that increase the trust in the expert witness and the claim as well as project confidence and faith without appearing arrogant. Opinions are neither over nor understated. Methods used for scientific matters are checked, analyzed and examined thoroughly multiple times. Factual suppositions are corroborated by valid and legitimate sources. All possible routes are checked to ensure the opinion is based on appropriate information. Similar standard techniques are employed with precision and unquestionable.

Advanced Techniques Explained

Dangerous expert witnesses are considered lethal in the courtroom and when employed because they understand how to fully embrace a claim. They are able to use standard techniques with greater efficiency and success. They prepare diligently for long and hard hours before they are ever near the stand. Testimony is prepared through thorough practice sessions alone and with the lawyer. A strong working relationship is built with the legal counsel and communication is constant and open. With these processes, the expert is more persuasive in direct examination and cross-examination. To accomplish this, aggressive editing is completed to ensure only what must be told is explained. Powerful visuals are detailed to the courtroom through analogies and relatable concepts. Simpler terms are utilized for the average person when technical concepts exist. The conclusion is provided first and then more detailed explanations may be provided.

When cross examined, dangerous expert witnesses are able to recognize and avoid tactics of statements being taken out of context, mischaracterizations through questioning, failed documents or information and misdirection by talking away from the area of expertise. Active listening, familiarization with statements and content, solid reasons for certain failures and avoidance of moving to another subject all defeat the opposing counsel’s attempts to discredit the expert witness. The expert witness using advanced techniques may turn the tables on the opposing lawyer. Some interpretations could be provided for yes or no questions, repeating and reinforcing damaging information, asking if he or she may explain about a subject and taking advantage of mistakes all lead to greater success against opposing counsel.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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