by Robert Ambrogi - Editor
BullsEye Newsletter: February 2007
Ask Jenner & Block partner Howard S. Suskin to sum up his
advice on selecting an expert and he answers without hesitation: “Do
your homework.”
“You want to get as much information as you can to satisfy yourself that
the person you’re thinking about using has the competency and credibility
to serve as an expert witness,”
Suskin says.
The veteran Chicago litigator knows what he is talking about. He is co-chair
of his firm’s class-action litigation and securities litigation practice
groups and a member of its arbitration, business litigation and professional-liability
litigation practices. Among his many credentials, he is co-chair of the Class
and Derivative Actions Subcommittee of the ABA Securities Law Committee and chair
of the Chicago Bar Association’s Bench & Bar Committee.
For Suskin, doing his homework means a combination of steps. He often starts
with referrals from other lawyers or from a search firm such as IMS Expert Services.
Once he identifies potential experts, he checks their references, researches
them online and reviews available transcripts of prior testimony.
“It involves a lot of leg work to make certain the expert knows about the
subject and to determine whether the expert has previously spoken on the record
in ways that might impeach him,”
he says.
Because much of Suskin’s practice is securities litigation, he frequently
uses expert witnesses to explain industry customs and practices to judges, juries,
or arbitrators. “Often they have not encountered the issue before; they
have no context or frame of reference,” he explains. “They need to
hear from someone who can talk generally about industry customs and practices.”
He also uses experts in the context of damages analysis in a securities case. “You
need an expert who can break down the numbers and explain why the analysis is
correct and consistent with the law.”
Once he has found an expert who has the right combination of credentials and
experience, Suskin’s next step is always a face-to-face interview. In the
interview, he is looking to confirm that the expert can explain the topic clearly
and has the demeanor to be effective in the courtroom.
While some lawyers prefer to interview multiple experts before deciding on one,
Suskin sees no need for a hard-and-fast rule. After he researches and interviews
the expert; if he is satisfied with the expert’s credentials, background,
and demeanor, he retains him.
With the expert on board, Suskin’s next priority is preparing the expert
to testify. For him, that means ensuring that the expert fully understands the
case. “I want to make sure that the expert is not blindsided. … I
encourage the expert to take the additional time to understand the broader context
in which his testimony will fit. The expert needs to understand the big picture.”
If the expert is able to see how his piece fits in to the case as a whole, he
will do a better job explaining his testimony, Suskin believes. “Often
experts don’t have an overall understanding and, because of that, they
can be made to look somewhat less credible.”
In addition to wanting the expert to understand the case fully, Suskin wants
an expert to provide him feedback freely. “I like experts who are proactive.
I encourage an expert to share any views or concerns about anything they come
across. If they see something that does not appear supportable or credible, I
want to hear that.”
This kind of openness strengthens the expert’s testimony as well as the
case overall, Suskin suggests.
IMS
Expert Services is the premier expert witness and
litigation consultant search firm in the legal industry. IMS
Expert Services is focused exclusively on providing custom expert
witness search services to attorneys. We are proud to be the
choice of 91 of the AmLaw Top 100. Call us at 877-838-8464 or
visit us at www.ims-expertservices.com.
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