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Evidence Litigation Strategy Trial Strategy

Do You Need an Expert to Spot Insanity?

The general rule is that you need an expert witness to testify when the subject is “sufficiently beyond common experience that the opinion of that expert would assist the trier of fact.” Evid C §801(a). When it comes to a person’s sanity, you don’t always need an expert.

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Civil Litigation Evidence Legal Topics Personal Injury Tort Law

The Benefit of an Effective Medical Expert: More Money

get bigger verdict when using effective medical expert witnessThere’s a definite correlation between the size of personal injury verdicts and the effectiveness of testimony by medical experts. Well-prepared and well-presented medical testimony carries weight and convinces triers of fact. The recent $289 million verdict against Monsanto may be an example.

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Civil Litigation Criminal Law Evidence Legal Topics Litigation Strategy Trial Strategy

Do You Need an Expert Witness, and If So, What Type?

Retaining an expert witness is expensive and may not be necessary in every case. Don’t try to keep up with the Jones & Jones firm: Just because the other side has an expert or because experts have traditionally been used in similar cases doesn’t mean you need one. And if you decide you do need an expert, make sure it’s the best type for your case.

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Evidence Legal Topics Litigation Strategy Trial Strategy

4 Things Expert Witnesses Should Read Before Trial

In addition to the file materials used in preparing for deposition—and that should be reviewed again for trial—there are at least four types of written materials that every expert witness should carefully read and analyze before testifying at trial.

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Checklists Evidence Legal Topics

Get Your Expert Involved with the Evidence

Despite the political rhetoric, public confidence in scientists has “remained stable for decades.” You can bring this confidence into the courtroom through expert testimony based on the scientific method, i.e., physical observation and testing, not just untested hypotheses. Experts should be “hands on” when it comes to collecting and investigating physical evidence.

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Checklists Evidence Legal Topics Litigation Strategy Trial Strategy

4 Ways to Attack Expert Testimony

ThinkstockPhotos-502890083You can always object to the opposing expert’s qualifications or the information on which he or she relied, but don’t forget about using these foundational attacks on an expert’s testimony.

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Checklists Civil Litigation Litigation Strategy Trial Strategy

Getting Your Expert Ready to Testify

88366752Don’t skimp on preparing your expert to testify! Start early and work together intensively.

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Civil Litigation Criminal Law Legal Topics Litigation Strategy New Legal Developments

Surprise! Daubert Applies to California Expert Testimony!

surprise_101197884As James Beck of Reed Smith puts it, “California has long gone its merry, idiosyncratic way in the Daubert/Frye wars.” That’s why it was a big surprise when the California Supreme Court cut off this legal tangent and stated that California courts must apply the same Daubert standard as their federal counterparts when it comes to admitting opinion testimony not based on a new scientific technique.