Selecting a legal expert witness is a very critical factor in your legal fees or law firm retention case. The selection of a skilled expert is a step that should be carefully considered. During cross-examination, your witness must be able to repel opposing counsel’s attempts to discredit his skills, experience, and education. Discrediting an expert witness, or attempting to, is one of the most common tactics taken when a legal expert witness has made statements or explained evidence in such a manner that may weaken the opposing party’s position.
As attorneys know, cross-examination is used to “poke holes” in the opposing party’s arguments. Your legal expert witness should be prepared to combat these attempts. Prior to any trials or hearings, you will meet with your attorney and the expert witness to discuss your case, and the three of you will make sure that all necessary information is gathered and analyzed before entering the courtroom. In addition, you will plan the direct examination of your witness so that it is easy to follow and strengthens your arguments.
Any statements that appear untruthful will be a focus for opposing counsel, so make sure the expert is well prepared for court and has a clear understanding of the facts of the case. It is crucial to begin your search for expert witnesses many months in advance to ensure that they have plenty of time to understand the case and prepare their testimony.
A legal expert witness will also likely face challenges regarding the value of his or her qualifications. Selecting an expert with an extensive resume, advanced education, and experience testifying in dozens of trials or hearings in cases similar to yours will boost your expert’s credentials in the eyes of the court.
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