The Barrister’s Toolbox
A Resource for Trial Advocacy
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Proper Objections at Your Expert’s Deposition
Palais de justice historique de Lyon, France Objections should be kept to a minimum. The Rules contemplate that objections should be concise and afford the examiner the opportunity to cure the objection. See Fed. R. Civ. P. 30(c)(2) (noting that “objection[s] must be stated concisely”); id., Advisory Committee Notes (1993 Amendments) (noting that “[d]epositions…
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Locating the Right Expert… Is It Like Looking for a Needle in a Haystack?
The right expert can educate and enlighten a jury and help prove your case. Below are some suggestions on how to locate an expert. (a) Classes of expert witnesses in academia, working professionals, and full time professional experts. These are the three primary areas from which you are likely to obtain experts in anticipation…
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Expert Witness Retainer Agreements – Striking the Right Deal.
Here are points to consider: 1. Cannot be a contingent fee arrangement. This is unethical and would be disastrous regardless… enough said. 2. Cost of initial consultation. This should be free or nominal, but make sure this is clear. 3. Definition of scope of work. This should be set out in the initial engagement letter…
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Should I Hire an Expert? Seeing the Light…
So you think you need to hire an expert? When should you do so? Consider the following: 1. When to Hire. It is usually advantageous to hire an expert as soon as it is clear you will require one. Oftentimes, you will be hired by a client on a moment’s notice to investigate and document the scene…
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Common Knowledge Exception to the Requirement for Expert Testimony in Professional Negligence Cases – Sometimes Its Child’s Play.
Is the information within the common understanding of the jury? Rule of Evidence 702 governing expert testimony does not always apply and bar lay testimony on issues which are just plain common sense. In certain instances the answer to whether there was professional negligence is intuitively obvious and needs no explanation by an expert or…
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