5 Expert Witness Errors That Can Derail Your Case
When you’re preparing for litigation, the person you hire to serve as an expert witness can factor significantly into the outcome.
Judges and juries, no matter how smart and intelligent they are, often rely on expert testimony to clarify technical issues and validate claims. But even the most credentialed expert can inadvertently harm your case if they make certain critical mistakes.
It’s not merely about hiring someone who is qualified or experienced — it’s about hiring someone who will be able to give good testimony, remain credible, and help get your case on track. Without any of them, your case may derail at the drop of a hat.
What follows are five expert witness errors that can jeopardize your case beyond repair.
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Poor Preparation
Regardless of how competent expert witnesses are, they’ll be failures in court if they don’t adequately prepare.
Preparation does not mean reading through studies or reciting technical details they’ve memorized. It means understanding what’s required of them, connecting with the lawyers to go over strategies, and performing well during cross-examinations.
A poorly prepared expert can get easily tripped up when questioned, come across as uncertain or not confident while providing testimony, and provide inconsistent responses that are easy for cross-examining attorneys to pick apart.
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Hyperbole of Credentials or Opinions
Strength lies in believability, not rhetoric. You don’t want to hire someone who exaggerates experience or expertise. Embellishing qualifications can put you at a disadvantage since such so-called experts won’t necessarily be able to help your cause.
Opposing attorneys will quickly challenge any claims to appear to be inaccurate or misleading. So, if an expert states his or her opinion is “100% certain,” opposing lawyers will challenge such absolute statements.
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Failure to Communicate Clearly
The best practitioners understand the importance of proper communication. Being knowledgeable and experienced are all for naught if the expert can’t break things down and speak in a way that helps rather than confuses the judge and jurors.
A witness who testifies in a way that doesn’t connect with the jurors will possibly lose them entirely.
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Indications of Prejudice or Advocacy
While an expert witness might be hired by the defense or the prosecution, their chief objective is to tell the truth. If they appear to be overly biased, that will destroy the value of their testimony.
Bias can be shown by, among other things, withholding evidence that goes against their opinion or being combative while testifying.
To prevent such, attorneys must carefully screen experts for bias and encourage them to be honest and factual.
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Breaking Down Under Cross-Examination
Cross-examination is where expert witnesses often slip up and blow it. The opposing lawyer’s job is to challenge claims, uncover inconsistencies, and batter credibility.
Errors experts could make during cross-examination include stepping out of their own area of expertise with their responses.
The top experts are not hasty, listen, and respond to the questions appropriately. Instead of becoming unhinged under pressure, they remain calm.
Expert witnesses tip the balance in the majority of cases. Their evidence can clarify convoluted issues, persuade jurors, and enlighten judges. However, experts may also blow good cases if they slip up due to poor preparation or other errors.
If you plan to hire an expert witness, you want to find the right one. That’s especially true for cases where the arguments aren’t easy to comprehend without the help of professionals in the industry. A case about intellectual property violations, source code ownership or patent challenges might require an expert who can break things down.
It makes no sense to pay for expertise and fail to get your money’s worth. You can count on your lawyer to do the research and find an expert who will help, rather than hinder, your cause.
Avoiding these five errors will place you in a position where you can increase the odds of getting the legal outcome you’re hoping for.
