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Expert Witnesses


Learn while you’re on the go. Access the Expert Witnesses Committee’s recordings on this archive page.

Sound Advice

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.)

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.)

Top 10 Tips for Deposing an Expert Witness
Jenn Routh gives advice on preparing for and deposing an opposing expert witness. (4:09 min.)

Effective Expert-Counsel Relationships
Chip Darius discusses tips on how counsel and experts can work together more effectively. (10:14 min.)

2016 Federal Rules Amendments
The 2016 amendments to the Federal Rules of Civil Procedure are not as sweeping as the overhaul of the discovery rules last year, but they will nonetheless have a real impact upon civil litigation in federal court. The amendments relate to service of process, calculation of time after electronic service, and venue. John Sear discusses. (4:57 min.)

Valuing the Rights of Publicity
The value of a celebrity’s right of publicity is a challenging question to answer. Scott Weingust explains how careful and complete due diligence and analysis is key to developing a valuation that is reasonable and reliable for addressing tax and other commercial disputes. (9:33 min.)

Valid Statistical Samples
Dr. Frank Pampush shares some best practices when determining what should be considered regarding valid statistics. (9:29 min.)

Jury Selection
Jury selection may not be as glamourous as the actual trial, but it is crucial for success. Veteran litigator Darren Vanpuybrouck explains why Baston Challenges, even if not accepted, are a powerful tool in both criminal and civil matters. (6:04 min.)

5 Tips for the Retention of Expert Witnesses
In her field of environmental law, Meaghan Boyd uses expert witnesses for most of her cases.  Listen to the five tips she developed through her years of experience in retaining experts. (8:23 min.)

Reasonable Certainty (Part III): A Stretch Too Far
Listen as both a seasoned expert and a trial attorney discuss the importance of a good working relationship with your experts—and balancing client expectations against the "stretching of experts." (11:57 min.)

Reasonable Certainty Standard, Part II
The second installment of a four-part series on the standard offers a case study exploring how much independent research an expert should do when performing a damages calculation. (12:10 min.)

An Introduction to the Reasonable Certainty Standard
Listen as Josias and Fahlman offer the first of four discussions on the Reasonable Certainty Standard. Whether you are a litigator or an expert witness this series promises to be helpful for your career. (12:08 min.)

Bridging the Knowledge Gap
When hiring an expert, counsel must not rely solely on the expert’s knowledge. Edward M. McDonough explains that an attorney should still familiarize themselves with their expert’s area of interest before engaging any expert. (14:04 min.)

Expert Witness Testimony from a Real Estate Appraiser
Hear former litigator and current chief judge Frank Bailey as he gives insight on both sides of the issue. First, he describes how to prepare your real estate appraiser for testimony. Then he examines the use of a Daubert challenge for such experts. (8:02 min.)

Standards for Disqualifying Expert Witnesses
Litigator and ethics professor Mike Downey outlines three standards that can be used when attempting to get an opposing counsel’s expert disqualified from a case. (8:29 min.)

Online Resources for Researching Expert Witnesses
Expert witnesses are vital to all litigators. Listen as David Dilenschneider explains how to use the Internet to learn about potential experts—both yours and your opponent’s. (13:00 min.)

Working with Expert Witnesses
As all trial lawyers know, expert witnesses can be vital to your case. Finding them is not usually a problem but getting the most out of them can be. Listen as Larry Fox gives advice for best practices in working with experts. (7:51 min.)

How to Enhance Your Expert Witnesses’ Effectiveness
Listen as economist and veteran expert witness Debra Aron outlines five tips to ensure your experts’ successful testimony at depositions and trials. (8:38 min.)

Best Practices for Pretrial Discovery and the Use of Experts
Joe Hanna gives tips on conducting pretrial discovery and using experts to help give you the advantage. (9:10 min.)

2010 Amendments to Rule 26 of the Federal Rules of Civil Procedure Concerning New Limitations on Duties to Disclose Expert Witness Communications and Reports
Listen as New York attorney Greg Joseph, former Chair of the Section of Litigation, and expert in Federal Practice, discusses the dramatic amendments to Rule 26 of the Federal Rules of Civil Procedure going into effect on December 1, 2010, which confer greater protection from discovery on many types of expert witness communications and reports. (10:57 min.)

Identifying and Developing Persuasive Expert Witnesses
Listen as New York attorney Beth Kaufman, a partner at Schoeman Updike & Kaufman LLP, shares her secrets on how to ensure that your expert witness is a true asset to your case.  Learn the value of experts with real experience, the questions to ask in the initial interview, and how to assess an expert’s ability to produce written materials, as well as useful testimony. (7:21 min.)


New Challenges: Discovery & Pretrial Tips—Cryptocurrency & Fintech Litigation
Every day it seems as though there is a new development in the cryptocurrency or fintech world. Whether it's the price of bitcoin, the sudden rise of NFTs, or a new technology that is going to revolutionize the banking industry, cryptocurrency and fintech are fast becoming a central part of the economy. As these innovations continue, litigation has begun to follow. Beyond the novel legal issues courts will need to confront, litigations in this field will present new and unique discovery challenges for courts and practitioners, including the identification of custodians in the world of anonymous trading and smart contracts, and dealing with document collection from constantly changing platforms. This Roundtable provides perspectives from both the bench and the bar about how to create a smooth discovery process and prepare to tackle these new challenges. (54:52 min.)

Virtual Depositions, Hearings, and Trial: Practical Realities and Lessons Learned
With the onset of the COVID-19 pandemic, courts, agencies, and lawyers have all been forced to adjust to a new way of conducting business or else risk further slowdowns in the advancement of dockets. The increase in remote proceedings, not limited to status conferences but now including depositions and evidentiary proceedings, has some lawyers wondering whether this is a short-term phenomenon or may become more routine in judicial and administrative proceedings. This Roundtable discusses these issues and reflects on recent experiences, including remote completion of a CERCLA trial that was interrupted by the pandemic. (60:24 min.)


The information on “Sound Advice” is for discussion purposes only and does not reflect the opinions of the ABA. The information is not legal advice nor a substitute for legal counsel.