My thoughts on an expert
witness
The most visible role of a scientific expert
witness is the few hours of presentation to
an audience that typically has no
background in science. During the
presentation the technical expert must use
simple terms to develop complex ideas, give
reasons for the conclusions, and synthesize
all the findings.
As brief as it may be, the final presentation
probably will be proceeded by weeks or
months of intensive preparation including:
·
Data collection and analysis;
·
Integration of the expert's findings with
those of the client's other experts;
·
A critical review of the findings of the
experts from the other party; and
·
Preparation of exhibits and testimony.
The expert should have good communication
skills because the most important part of the
assignment is in the final presentation,
frequently to a non-technical audience.
The expert must maintain professional
integrity throughout the entire process, from
preparation to the final testimony. Equally
important, the client and his or her legal
counsel must respect this position. If the
expert presents testimony he or she does
not firmly believe in, it will probably be borne
out under cross-examination, to the
disadvantage of the client.
Although much of the credibility of a
scientific expert witness is based on
courtroom posture, the expert must have a
variety of talents to be effective.
Important, sometimes overriding,
prerequisites are professional expertise with
the technical aspects, and/or familiarity with,
the geographic area of the case.
Alternatively, there may be a need for a
broad background of experience in
analogous areas but not necessarily for the
specific properties involved.
The witness may be chosen because of his
or her highly-recognized professional
background, prestige in the industry, and
wide exposure through publications.
