Recent Practice Points

Preparing for Virtual Expert Testimony: Like Herding Kittens?

By J. Bradley Sargent – March 1, 2021 | Assuming that your experts are familiar with the rules that govern their testimony and the tech logistics of virtual meetings can lead to disaster.

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Considerations When Using a Professor as an Expert Witness

By Kathleen E. Perkins – March 1, 2021 | Retaining a professor as an expert witness provides many benefits but can pose some challenges. You can better manage those challenges by taking appropriate steps before and during the engagement.

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Knowing When Not to Call Your Expert at Trial

By Lisa M. Norman and Ben Westcott – April 2, 2021 | Everyone assumes they will call expert witnesses to testify at trial. But what if the better strategy is not calling your expert witness to the stand?

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Serving as an Expert Witness in a Foreign Tribunal

By Howard Ehrenberg – April 2, 2021 | A Singapore trial courtroom is quite different from what we have come to expect in the United States.

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Sound Advice Podcasts

Ethics and Expert Witnesses

In this Sound Advice, Andrew Toft discusses ethics and expert witnesses. Litigators are familiar with Federal Rule of Civil Procedure 26 as it relates to expert witnesses and Federal Rules of Evidence 702, 703, and 705 regarding expert testimony. Litigators should also familiarize themselves with the ABA's formal ethics opinions discussing the ethics of dealing with experts, including lawyer experts. (13:52 min.)

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Disqualifying an Expert Witness

Mitzi Shannon discusses one method for obtaining sufficient information to determine whether an expert witness designated by the plaintiff who may have previously worked as an attorney for a law firm that worked for the defendant on related issues can be disqualified. (12:05 min.)

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Expert Witnesses

Learn how to get involved with the Expert Witnesses Committee and maximize your Section membership!