Avoid Embarrassing Remarks from the Judge
Lawyers and other legal experts have expressed concerns about the many instances of expert witnesses getting lambasted in court. There are two reasons commonly blamed for these embarrassing criticisms.
1. Quality of the expert's opinion / testimony / report
Many experts have received harsh criticisms for their inability to present substantial and helpful reports about the case. Either this is due to bad communication skills or the expert's questionable expertise.
2. Objectivity of the expert
Another issue pointed out by judges is an expert's evident partiality towards a party.
Tips to Prevent Harsh Criticisms from Judges
When you get criticized by a judge, this will obviously not do you and the solicitor who hired you any good. It may create a negative impact on the case, and your reputation will go down the drain. So to make sure that this will never happen to you, never ever give the court a reason to give you such criticisms.
Here are some tips and guidelines.
1. Prepare before your testimony.
Study the case beforehand, and anticipate all the possible questions you'll be asked of you. If you can, prepare visuals (such as a video or multimedia presentation) to make it easier for everyone to understand your point.
2. Make a detailed report indicating your expert opinion.
You are obligated to assist the court through your expert opinion. Make sure that you create a detailed (and if possible, jargon-free) report that will help the court understand any complexities that the case has. Also, do not forget to attach supporting facts and documents.
3. Be confident, but do not sound argumentative.
Do not give the court a reason to believe that you are supporting either the defendant or the plaintiff. Answer all questions without inhibitions. Ask for clarifications if the questions seem vague or unclear.
4. Look like an expert, act like an expert.
Credibility is everything. Do not wear any casual clothes, or an outfit that would compromise your credibility as an expert. Also, you are expected to possess a high level of knowledge, so be professional at all times.
5. Remember and take your legal duties as an expert witness to heart.
When you agreed to be an expert witness, you accepted your duties to be as truthful and objective as possible in court. So before you do anything, ask yourself if it is in non-compliant with your legal duties.
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