The Barrister’s Toolbox
A Resource for Trial Advocacy
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Admissibility and the Burden of Proof are as Different as Apples and Oranges…
In a recent case, the Indiana Court of Appeals held that a nurse practitioner can provide expert medical testimony in areas previously reserved to only medical doctors. In the decision from the Indiana Court of Appeals it allowed a Nurse Practitioner to testify as an expert witnesses in a soft-tissue case. See the link below:…
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The Corrosive Effects of Greed on Credibility
“Don’t take a good case, try to make it a great case, and turn it into a bad case.” Richard Cook I never take on a new client without sharing the quote above with them. The most valuable component of any personal injury case is the client’s credibility… period, end of case. If you…
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Readying Your Experts for Traps and Tough Questions
Depositions are dangerous time for your expert. Dangerous traps lies just around the corner. You cannot relax. Here are some thoughts on this important topic. 1. Tendencies of your expert: If you can obtain and read past depositions of your expert to see not only what type of questions are asked but how he reacts.…
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Guarding Your Expert from Aggressive Counsel
Preparation is your greatest tool to avoid problems caused by difficult or agressive attorneys. Ultimately, once you are at the deposition there is little you can do without risking sanctions. Harassing behavior. If an attorney engages in ongoing harassing behavior which is truly beyond the pale, call the magistrate of court and have a…
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Getting Your Expert Ready for Court – How to Play the Course and Avoid the Rough.
What does an Expert Witness Needs to Know About Court Proceedings? Here are some thoughts to keep you expert out of the rough: 1. Review all evidentiary foundations. You should review the appropriate foundational requirements for the admission of any records, tests, or other analysis which is not stipulated to by the opposing party.…
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