A trial is basically the telling of a story through various witnesses. In civil cases, an expert witness is an important story-teller because this is the only type of witness that is allowed to voice an opinion to the jury. For example, in a dangerous products case, an engineer reads all of the pretrial testimony and becomes familiar with the product that allegedly malfunctioned and caused an injury, and comes to a conclusion as to whether the product was dangerous or whether the injured party simply misused the product.
An expert opinion can make or break a case by persuading the jurors to vote for or against the injured party. That is why it has long amazed me that lawyers often spend little time finding the right expert – they simply hire an engineer, send the evidence to him or her, and wait for a written report from the expert. But a more effective use of an expert is to take a little extra time and find an expert who is a specialist – not just an engineer who will look at the product, but a specialist with experience designing or manufacturing the specific product involved in the case. For example, it is acceptable for an engineer to say that an electric coffee maker caught fire because of a design defect; however, it is much more effective if your expert spent 30 years working in the small appliance industry, including working with coffee makers, and can base the opinion on real-life experience and expertise with that specific product.
I am proud to have presented a seminar on the subject of expert witnesses for Lawline, one of the leading providers of continuing legal education for attorneys, and to have earned a 97% “excellence” rating from the attorneys who viewed my seminar. I look forward to presenting similar programs in the future.
(You may view an excerpt from my Lawline seminar by clicking on the video on the right side of this page.)