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Deposition of a Party or Witness and the Power of Dignified Demeanor
Remind your client or witness of their freedom to choose their attitude and the power they have to control their demeanor. This advice will empower and cut short abusive questioning at trial or during a deposition. →
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Misbehaving and Dealing with the Same During a Deposition
Depositions are legal proceedings which are not typically officiated by a court officer. During such affairs attorneys can behave quite badly. Such behavior can range from simple rudeness to conduct that borders on criminal conduct such as threats of bodily harm or emotional charges to go outside and handle the matter like a man. Needless →
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Does an Oath Inoculate a Medical Witness from Being Biased in Favor of Other Healthcare Providers?
“Cross-examination is the greatest legal engine ever invented for the discovery of truth.” – John Henry Wigmore The existence of financial bias is a well established area of cross-examination when dealing with the credibility of witnesses and experts alike. Indiana law is clear that the income of an expert derives from his/her work as an expert →
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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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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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Top Mistakes in Choosing Experts
Here they are… 1. Hiring an expert too late. Experts can be helpful and sometimes essential in properly investigating and evaluating a case. They can provide guidance in drafting discovery requests and determining whether information has been overlooked, withheld or lost. They are also invaluable in assisting in deposition preparation and questioning of the →
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Screen Your Expert and Treat Your Case Right by Avoiding Any Big Tricks…
An area which is often overlooked is screening your expert. This is important. Treat it like you would a major purchase, because it is. (a) Review and verify Curriculum Vitae. You can devastate an expert if he lies on his CV. I have done this before with experts who had a long history of →
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Setting the Table for Admitting Your Expert’s Testimony.
To serve your expert’s testimony up to a jury you must consider and establish the following: 1. Qualifications. You need to know precisely what you are using your expert for, and then determine if the expert’s scientific, technical, or other specialized knowledge will help the trier-of-fact to understand the evidence or to determine a particular →
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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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The Case Against Experts in the Courtroom
“If you can’t explain it to a six year old, you don’t understand it yourself.” Albert Einstein I have always thought it is unclear whether Indiana Rule of Evidence (IRE) 615 applies to depositions. IRE 101(C) states: Rules Inapplicable. The rules, other than those with respect to privileges, do not apply in the following situations: →
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Credibility, Credibility, Credibiiliy
There are three things to keep in mind when preparing a witness… Credibiliy, credibility, credibility. Let’s face it; the most persuasive witness is the witness who is most credible. Such a witness speaks clearly, calmly and plainly, does not exaggerate, does not dodge the question, and is able to look the jury right in the →
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Outlining Your Questions… Is There a Better Way?
Exactly how do you want to format your questions? There are several schools of thought on this matter. I know successful attorneys that literally script out every question and every answer to the question. In this way, the attorney can visualize exactly what will take place in the courtroom. Such a format also allows someone →
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Plotting Your Strategy: Does Your Trial Have a Theme?
A theme acts as the unifying thread of your case. It is a thing that motivates the jurors to take action. Your theme needs to be integrated into your jury void dire, opening statement, direct and cross-examination, closing argument and jury instructions. There are number of potential themes. Watch movies and see how things are →
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Lights, Camera, Action: Directing and Producing Your Trial
You are the “director” and “producer” of your trial and the witness’s testimony. We can’t change the facts, but you do have the power of when and how to present them subject to the limits of the Rules of Evidence. Indiana Rule of Evidence 611 controls the manner and mode of interrogation of witnesses. This →
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Practice… We Talking ’bout Practice…
“Practice… We talkin ’bout practice.” – Allen Iverson 2002 Just like Allen Iverson of the Philadelphia Sixers, no one likes to practice, but it is necessary if your witness and you are going to stay in sync. In order for your witness examination to be credible and persuasive, both the questioner and the witness must be →
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Direct Examination and Airing Your Dirty Laundry
There is no tactic which will better serve you and your client in establishing credibility with the jury then to bring out negative points during direct examination and confronting them head on with believable explanations. If you wait until redirect, then it may be too late to salvage your witness. I always make a list →
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Helping Your Client Connect with the Jury
The more significant a witness is to your case, the more important it often is to let the jury know exactly who they are. Usually, your client is one of the most important witnesses the jury will hear from during the course of trial. When dealing with such witnesses, I will generally cover age, where →
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The Barrister's Toolbox 