The Top Tips of Testifying as An Expert Witness

The Top Tips of Testifying as An Expert Witness

Going to court to testify as a securities expert witness is very hard. It takes preparation and skill to convey the knowledge you have in a comprehensive way that the jury will understand. You also have substantial time as well as effort before the trial begins. Here are some tips and tricks that will help you when taking the stand.

Have a comprehensive agreement

For you to have a solid relationship with your attorney, you need to have a comprehensive retainer agreement. In that agreement you should specify the pertinent obligations and terms that both of you should carry out. In that agreement, you should specify the preparation required, the fees you are going to get as an expert witness, and everything else that’s important for you to testify. Once both of you establish your expectations, it will be hard for you to have misunderstandings.

Discuss potential disqualification problems

Before you start preparing for the trial, it is very important that you disclose all the potential disqualification problems that you might have. There are reasons why an expert testimony might be disqualified. For instance, the judge might decide that the opinion is untested and so cannot be proven. The expert can also be disqualified because of conflict of interest and it is very important that you establish this disqualifications before you start the case.

Get to know all the specifics of the case

While you have established everything in your retainer agreement, you should also verify the exact nature of your testimony and what exactly the attorney is looking for. This is more so in cases that require highly complicated scientific matters. They should also state whether you need to carry out experiments or tests so you can be fully prepared.

Keep your CV updated

As an expert, you will have an opportunity to establish your credentials, and you will need to have a concise and updated CV to showcase your expertise in that subject matter. An updated survey that shows your qualifications as a valid witness will result into an uncontested declaration as an expert witness.

Review the necessary materials beforehand

For you to reach a complete solid opinion, you need to have all the files ready and need to review them at the right time. All these materials should be provided by your attorney as soon as they hire you. You should also be aware of all the rules or regulations that govern the dissemination of these materials, such as whether they are being protected by the court.

Find out if you need to write a report

In certain federal courts, it is a requirement for an expert witness to offer a written report. As an expert witness, you will be required to disclose that report in preview of the proposed testimony and give it to the opposing party. A written report should include all the opinions you intend to express as well as the basis and reasons for expressing them. You need to be aware of all this requirements prior to the case.

Inquire about of the expert witnesses in the case

It will help you to know if there are other experts testifying in the case so you can narrow down the scope of your own testimony. The other experts might be handling different matters of the testimony, and you might need to just focus on one specific subject. This always happens in highly technical issues to make it easier for the jury to understand.


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