Sources for expert witnesses include expert location/provision firms, personal referrals, jury verdict reporting services, reported appellate decisions, directories, society membership rosters, trade associations, regulatory bodies and private consulting firms.Ī law librarian can also be a big help in obtaining a list of potential experts. Keep in mind that although company executives may make strong witnesses, designating them as experts opens them to discovery, which can be a pitfall. On the negative side, however, it may be easy for opposing counsel to show that they are not independent and that therefore their testimony may be cloaked in bias. Also, jurors tend to pay more attention to the participants in an event. On the positive side, they have generally devoted time to the issue and are less likely to be blind-sided. Similarly, there are pluses and minuses to hiring experts within a company involved in litigation. Ideally, the anchor person is a combination of both types, and so is the expert witness.Įxperts from academia may be good communicators because of classroom practice, but they may be less available than professionals from consulting firms who can take the time necessary to be thoroughly prepared. Others rely on seasoned reporters, valuing their command of the facts over their appearance. Some networks emphasize polished delivery. In a way, an expert witness is like the anchor person on a television news program. The more persuasive he or she is, the better. The expert's function as teacher to the attorney and jurors is a critical one. It's productive to think beyond "expert" to salesman, teacher and communicator. The most common expert witnesses are professionals, but there are also non-degreed experts whose background and experience qualifies them. Who's an Expert?Īn expert is someone who knows something beyond common experience who can help you prove something you couldn't prove otherwise. Here, culled from many sources, is some of that expert advice. Much of it has been learned the hard way - by mid-trial trauma. In selecting experts, you will notice that in many instances, there are no clear-cut, absolute, right or wrong answers, but rather choices to be made that should be based on a careful consideration of the pros and cons.įortunately, when it comes to questions about the use of expert witnesses, there's no shortage of expert advice. Sometimes the law requires the use of experts sometimes you may decide to use experts to increase the credibility of your case. Simpson mode we would have to shut down courthouses.1. If even 1% of the trials in America proceeded in the O.J. For whatever reason he abdicated his responsibility to our system of justice and permitted seemingly endless and pointlessly minute testimony and arguments. My most recurrent memory of the televised “Trial of the Century” is that Judge Ito totally lost control of the courtroom and the attorneys. pops up in the news just enough these days to remind me about his trial.
JYDGE ITO ADVISE CAUTION TRIAL
That was the lead sentence last October of a CBS News article recalling some of the circumstances of the trial and the verdict. However, the jury returned the verdict after only three hours of deliberation.
Monday will be the 10th anniversary of the not guilty verdict in the O.J.
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