Making the Most of Expert Witnesses

Expert witnesses are among the most important and universal features of modern litigation. Their testimony often is crucial to the outcome of major trials. They occupy a unique place in our legal system, a quasi-objective realm between the manifestly partisan attorneys and parties and the objectivity of the judge and jury. For these reasons, their credibility and effectiveness are critical, yet also vulnerable.

Experts run the gamut from occasional or first-time testifiers to professional witnesses. Whatever their experience level, they benefit from skilled handling in support of their attempts to make highly technical fields accessible to lay judges and juries and to become trusted advisors to the court. At every stage of the process, attorneys' decisions can help or hinder experts in delivering the most effective and credible testimony.

This course, led by Kelley Drye's August Horvath, goes through the entire process of an expert's mission, from initial report drafting to trial cross-examination, highlighting with illustrative examples the dos and don'ts of expert witness support.  Recognizing that not every expert or every lawyer has the same style, and not every case calls for the same type of testimony, the talk describes different approaches and how each can work in the appropriate situation.  It will be of interest not only to outside trial counsel but also to in-house lawyers, as clients become increasingly involved in expert witness selection and preparation.

1. Grasp the role and scope of expert testimony under federal and state procedural rules
2. Review the rules for admitting expert testimony under Daubert, the permissible scope of expert discovery under Federal Rule 26, and explore how these play out in practice
3. Identify the purpose of an expert report, and how to guide an expert to write the most effective and efficient one
4. Understand how to prepare expert witnesses for deposition
5. Discover strategies for direct examination of an expert witness at a trial or hearing, and how this differs from a fact witness
6. Recognize the similarities and differences between an expert deposition and expert witness cross-examination at trial
7. Appreciate the most important aspects of an expert witness's effectiveness and credibility, and how to support these at each stage of the litigation process