Although the recent changes to Rule 26 of the Federal Rules of Civil Procedure were in part meant to eliminate the practice of hiring both a consulting and a testifying expert, attorneys still frequently engage multiple experts for the same case.
In addition to the continued concerns regarding discovery, there are a number of other reasons to ensure your experts never meet. Continue reading »
The conventional wisdom of locating expert witnesses is to find someone with degrees from prestigious schools, honors in their field and experience testifying. Other typical advice includes focusing on those experts who present well and can communicate with a jury.
But Kirkland & Ellis partner Andrew R. McGaan believes that there are two other characteristics that are just as important. According to McGaan, an expert should have industry experience doing exactly what the case involves and should be passionate about the topic. Continue reading »
In what proved to be a dramatic turn of events for the plaintiff in a products liability suit against pharmaceutical giant Eli Lilly and Company, the 10th U.S. Circuit Court of Appeals ruled this month that a trial judge’s ruling to allow expert testimony is not final and may be reversed by a second trial judge who takes over the case. Continue reading »
As the dollar value of settlements increases and the margin for error decreases, the importance of presenting convincing expert testimony becomes even more vital to a successful case.
With these pressures, some attorneys have fallen into the unethical practice of scripting an expert’s words. They assist in the preparation of an expert report, coach the expert for deposition and then stick the expert on the stand. However, when the expert isn’t presenting her own views, she can be quickly challenged, impeached and removed as your witness. Continue reading »
Ultimately, commercial litigation is about monetary compensation or economic damages. Even the most qualified and experienced damage experts still need some assistance from attorneys. As the old poem says, “Let me count the ways…” Continue reading »
Locking Out Experts You Don’t Plan to Use
Is it unethical, as an attorney, to disclose case information to a potential expert without the intention of hiring her? By making disclosures, attorneys can successfully force an expert to conflict out of serving on the other side. The question becomes whether or not this is unethical or simply an aggressive litigation technique. Continue reading »
Something unexpected seems to be happening in litigation – its numbers are going down. Although most predictions for 2011 said that the numbers of new cases would continue the upward trend of the last few years, several midyear indicators show that new filings are noticeably down from the year before. Continue reading »
The current recipe for a courtroom TV drama includes impassioned speeches, DNA evidence and unexpected twists revealed by witnesses. When real juries fail to see these elements appear in actual cases, they are susceptible to boredom and, in extreme cases, falling asleep. Continue reading »
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