3 Most Common Mistakes Attorneys Make When Using an Expert Witness

It’s no secret that expert witnesses play a critical role in many cases. The right expert witness can significantly improve the outcome of a trial and help win lawsuits. However, sometimes even the most experienced attorneys make mistakes when dealing with experts (which can negatively affect the outcome of the case).

Here are the 3 biggest mistakes attorneys make when using a professional witness.

Not Providing the Expert with All Necessary Materials and Information: Never keep important information and facts (both good and bad) from your expert witness. Your expert needs to know all the facts of the case so he or she can review documents, conduct experiments, and write a reliable final report.

Not Preparing Your Expert: Regardless of the experts’ experience, credentials, and professionalism, it is crucially important to prepare your expert. If you want to get the most out of your expert, take the time to provide him or her with all necessary information, discuss all the relevant legal aspects of the testimony, as well as the strengths and weaknesses of the case. Also, give the expert enough time to prepare, conduct their investigation and research, write their reports, and prepare for depositions and trials.

Working with the Same Expert Witness: Attorneys are likely to hire the same expert witnesses who they have used before, rather than finding a new one. Of course, this makes sense, especially if the attorney had several good outcomes with the same professional witness. However, relying on the same expert is not a good idea. If an expert and an attorney work together very frequently, there is the possibility that an expert witness is biased. Needless to say, this can lead to the expert being disqualified.

Avoid these common mistakes and keep these tips in mind for the next time you are working with an expert witness to achieve more favorable outcomes.


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