Expert Witness Blog
In How to Use Experts to Prove the Plaintiff’s Case, Thomas M. Demsey advises attorneys on how to find the right fit with an expert witness. In complex factual situations such as products liability cases Demsey states that “Too often the initial consideration is not well thought-out.” Demsey gives tips on lines of communication with your products liability expert witness.
….experts often become, or give the appearance of, advocates for your position. This will also detract from the wtiness’s impartial credibililty and is easily picked up by a jury. Your expert should be willing to concede to points that are well taken during cross-examination because this adds to his or her credibility. During the rehearsal of testimony, however, you must emphasize that the main thrust of yor expert’s opinion must be consistency, and he or she must have the courage to stand by their opinions no matter the vigor of the cross-examination or the onslaught of deeming questions. This is the true test of the ability of an expert to testify and clearly separates the “wannabes” from the “real deal.”
From How to Use Experts to Prove the Plaintiff’s Case, Thomas M. Dempsey, The Advocate Magazine, January 2008.