Forensic, General & Medical
Expert Witnesses

Guide for Lawyers Who Are Hiring An Expert Witness

This guide will discuss how you can find expert witnesses with the skill and background essential to proving your case, how to vet expert witnesses, how to replace an expert witness and how to qualify an expert witness. It will also discuss the preparation of contracts to use with expert witnesses. Learn the best practices for effectively work with expert witnesses. It will discuss useful methods of objecting to and challenging the other party’s expert witnesses and provide insight regarding privilege and conflicts involving expert witnesses.

  • Qualifying an Expert Witness

    This guide will discuss the requirements that you must be able to establish before a court will accept your testimony as an expert witness. It will discuss specific federal and state rules regarding the qualification of specific expert witnesses. It will also discuss the factors that courts consider when determining if an expert witness qualifies under the Frye or Daubert standards. It will also discuss the voir dire process of expert witnesses.

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  • Lawyer’s Guide on Expert Witness Conflicts

    Learn about what types of conflicts exist when working with expert witnesses, whether these conflicts may require replacement of an expert witness, confidentiality related to expert witnesses and ethical considerations for working with expert witnesses. Also, learn about potential challenges related to these conflicts.

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  • Select the Best Expert Witness for Your Case

    This guide will discuss how you can quickly find a properly qualified expert witness for your case, determining the strengths of different expert witnesses and certain terms to search to find the best expert witness for your case. You will also learn about the role of the expert witness and when you should hire one. The guide discusses important traits to look for in an expert witness and myths associated with the search.

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  • How to Properly Vet Expert Witnesses

    This guide will discuss how to determine if your expert witness is properly qualified for the case and if he or she is likely to elicit credibility in the courtroom. It will also discuss potential weaknesses the expert witness presents, such as finding information that would discredit the expert witness or pose a conflict of interest. This guide will assist you in completing due diligence in your search and retention of an expert witness.

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  • How to Replace an Expert Witness

    This guide will discuss when expert witnesses may need to be replaced due to a conflict of interest, unavailability or death of the expert witness. It will discuss how to quickly replace the expert witness to minimize the impact of the change on your case. It also discusses possible consequences of changing expert witnesses. You will learn about whether the court will accept a replacement of your expert witness and the steps you can take to increase the likelihood that it will.

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  • Contract, Payment and Fees of the Expert Witness

    This guide provides information about the contract clauses you should have in your expert witness agreement, including how to determine the scope of work and fees. It will discuss best practices in preparing an expert witness contract and the steps that you can take if the expert witness agreement is breached.

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  • How to Work with an Expert Witness

    This guide will provide important information about working with an expert witness. Learn about legal strategy techniques, determining the qualifications of your expert witness, how to effectively have testimony from your expert witness admitted in court and how to successfully communicate with your expert witness. Also, learn about the best practices for maintaining a good relationship with your expert witness, how to properly depose an expert witness and how to avoid common problems with working with an expert witness.

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  • Lawyer's Privilege with Expert Witnesses

    Learn about whether your communications with your expert witness are confidential, how information from consulting expert witnesses and testifying expert witnesses is different, discovery matters you may confront with expert witnesses and necessary disclosures regarding expert witnesses. Learn about the ethical considerations of working with expert witnesses.

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  • Objecting to and Challenging an Expert Witness

    Learn about common objections and challenges to expert witnesses in depositions, pre-trial motions, voir dire and trial. Learn about ways that you can confront these challenges as a lawyer who has hired an expert witness. Learn about how your expert witness can defend against Daubert and other challenges.

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  • Daubert, Frye and Other Standards

    Many expert testimonies are scientifically backed, but there are numerous professionals that use other methods to determine the conclusion of the data. In order to ensure the statements given by these experts are admissible in court, they must be measured by either previous standards or the newer guidelines.

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  • How to Prepare an Expert Witness

    This guide will help you understand on how to prepare an expert witness for trial, his role before testifying, preparation of affidavits of merit, and the important work expert witness do before testifying.

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  • Expert Witness Depositions and Trials Tips

    This guide speaks about deposition questions, direct examination of your expert witness, how to effectively question an expert witness, and voir dire of an expert witness.

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  • Defending Your Expert Witness

    This guide discusses how your expert witness can withstand a Daubert challenge, how to navigate standard expert witness challenges, and objections raised by opposing counsel.

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  • Disqualifying Expert Witness Testimony

    This guide discusses how to disqualify an expert witness due to bias, or during the voir dire process, how to exclude an expert witness, motions for a Daubert challenge of an expert witness and what happens if your expert witness is disqualified.

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  • Lawyer's Relationship with an Expert Witness

    If the legal representative is unable to form a relationship with this professional, he or she may find difficulty in proceeding and keeping the expert informed of various pieces of information

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