In the view of this pundit, it never hurts for Expert Witnesses to wear a little Kevlar under their suits. Many Experts do not know that there is a consolidated arsenal of information about them that is available to attorneys. This information can either bolster or undermine an Expert’s credibility. All Experts should know that this data exists and that they also have access to it, albeit for a fee.
The information is based on public record and is compiled by legal databases using expert witness depositions, testimony and reports, case law, jury verdicts, dockets, briefs, and motions pertaining to the admissibility of expert testimony. It comes in the form of an extensive, in-depth report which is a cost-effective, efficient way for attorneys to determine the following information on Experts and for Experts to be aware of what they could be up against:
- Win/lose record when testifying for the Defendant
- Win/lose record when testifying for the Plaintiff
- If Expert is Plaintiff’s Expert or Defendant’s Expert
- If Expert Witness qualifications were challenged and the outcome – admitted or excluded
- The names of attorneys worked for and judges appeared before
- The amount of awards won
- If testimony was mostly in state or federal court
With knowledge as your armor, it is best to leave naivete at the door and enter the courtroom believing it is your battleground. Reports that offer a summary of an Expert’s past experience will not only benefit the attorney, but will prevent Experts from being blindsided by damaging questions of credibility.
