A few questions for expert witnesses

I am in the middle of Paul Lisnek’s book, The Art of Lawyering. It has been a good read. I especially liked this quote.

I am currently in the section that talks about expert witnesses. I find this to be a fascinating topic. Some expert witnesses make big money. They can make or break a case.

Paul has talked to a few expert witnesses in his day. In the book, he presents some difficult questions for expert witnesses.

I am not going to list all of the questions he shares, but, I am going to list the questions that I want to remember for my future practice:

  • Isn’t the opposing expert’s opinion as valid as yours?
  • Have you ever been wrong?
  • Have you been told not to discuss any part of this case?
  • Are these all the notes you took?
  • How much in fees have you invoiced?

Your mileage will vary with these questions depending on the situation and the expert witness. It is also important to have your expert witness prepared to answer these questions in case they are brought up by the opposing side.