Presentation Skills are Golden

By IMS ExpertServices

More than 95% of civil cases in the United States federal court system settle before they ever reach a court room. In the early phases of a case, when the strength (or weakness) of your settlement position can change daily, you want the most credentialed expert to write the most detailed expert report to strengthen your position.  But if your case is one of the few that makes it through to be presented before a jury, your expert’s extensive credentials may not be enough.

"Jurors will tend to believe someone more easily who presents well," says Christopher A. Riley, a partner with the law firm Alston & Bird in Atlanta. "The expert can have spotless credentials and plenty of experience, but if, for whatever reason, he does not present well to a jury, the jury will focus on those nonverbal qualities and never hear the testimony."

According to Riley, the most important quality to look for in a testifying expert is someone who presents well.  Before hiring an expert, an attorney should assess how he speaks, how he appears, and his degree of comfort with himself and his area of expertise.

A witness’s expertise should, according to Riley, come from practical, working experience in the field – not merely knowledge drawn from education. Much like Kirkland & Ellis partner Andrew McGaan, who looks for passion and practicality in an expert, Riley prefers that an expert be able to say, "I've done this."

"If an expert is comfortable with himself and with what he knows, he can better handle cross-examination," says Riley. "I see it happen all too often that an expert testifies beyond his expertise. The expert is then subject to an effective cross-examination on those areas where he went out on a limb. That ultimately discredits his entire testimony."

In his own practice, Riley works with a variety of experts. In each, he looks for that quality of presenting well. "Maybe it's a Southern thing," he jokes, "but it's my golden rule for hiring an expert."

Editor’s Note: Christopher Riley’s interview with Robert Ambrogi was originally published in the April 2007 issue of BullsEye.

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IMS ExpertServices

IMS ExpertServices delivers consultative trial and expert services for the most influential global firms. Over nearly three decades and through more than 20,000 cases and 1,000 trials, clients have trusted IMS to equip them with the perspective and tools they need to help their clients succeed. With offices in the San Francisco Bay Area, Dallas, Pensacola, and New York, the company provides trial strategy consulting, jury consulting, trial graphics consulting, trial presentation consulting, and expert witness recruitment and management. IMS has earned nine consecutive rankings on the Inc. 5000 list, won recognition by The National Law Journal in six categories of its “Best of 2020” awards, by Corporate Counsel Magazine as winner in eight categories of its “Best of 2019” awards, and as “Go-To Thought Leader” for two consecutive years by The National Law Review. More about IMS ExpertServices can be found at: www.expertservices.com.

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