September 2013 - Expert Witness

Things You Should Know

The Section of Litigation at the ABA Annual Meeting in San Francisco assembled some of the nation’s best in the field to put on 20 exceptional CLE programs and two star-studded showcase sessions. During the International Human Rights Award Luncheon, Bill Bay passed the gavel to current chair Don Bivens. View the highlights from the meeting.

Class Actions 2013
Get the edge on your class action competition and grow your class action practice by joining us for the 17th Annual National Institute on Class Actions. Find more information here or register now!


Public Service: JIOP – Judicial Internship Opportunity Program

By sponsoring JIOP, you are contributing not just to a program but to helping students have opportunities they would not otherwise have to get experience and make connections. With your help, we make it possible. Learn More

Theme of the Month: Expert Witnesses

The Section has many resources to assist litigators. The theme of this month's email is Expert Witnesses. Enjoy this sampling of materials on Expert Witnesses.




Accounting for Damages for Dummies: Expert Opinion or Not?

Renee Choy Ohlendorf In the post-Daubert world, a witness’s years of professional expertise does not necessarily transform the witness into an expert. Read More


Experts Cannot Be Shielded from Discovery by Re-designation

M. Derek Harris In the federal courts, there is a split on the issue of whether re-designation of an expert from a testifying to a consulting expert works to foreclose discovery from that expert after the expert’s opinions have been disclosed. Read More


Games Experts Play

David V. Dilenschneider A disturbing trend is emerging—experts taking credit for articles written (either entirely or predominantly) by others. Read More


KEY SUBJECT MATTER on Expert Witnesses


Client Confidential: Counsel’s Role in Expert Preparation - Larry D. Harris, Esq. There are no two ways around it: Counsel plays the crucial role in the preparation of an expert in construction litigation. Read about a few important principles of law that one must keep in mind when working with the expert. Read More


Identifying and Retaining and Expert Witness - James W. Creenan One of the most critical pretrial litigation tasks involves the identification and retention of an expert witness. In many situations, the task may be easy due to the limited number of qualified experts, making identification an easy task. Read More


Dirty Little Secrets of Expert Testimony - Robert J. Shaughnessy Few major areas of litigation practice are more opaque to the novice lawyer than expert witness work. Law school has almost nothing to say about it. Read More




Attacking Adverse Experts

Stephen D. Easton This book is a step-by-step guide to investigating, evaluating, and attacking the adverse expert in civil cases. It outlines tactics you can use to: take an effective expert deposition; evaluate the adverse expert's analysis of the key issues; move to exclude his testimony; cross-examine him effectively when he testifies at trial; handle voir dire, opening statement, closing argument, and other aspects of the trial to maximize the effectiveness of your attack; and even to successfully handle appeals regarding experts.

Read More


Litigators on Experts: Strategies for Managing Expert Witnesses from Retention through Trial
Wendy Gerwick Couture and Allyson W. Haynes
This book represents the collected wisdom of experienced litigators who provide a step-by-step guide to researching, retaining, and working with an expert witness. Read More


Sound Advice:


Online Resources for Researching Expert Witnesses
David Dilenschneider

Working with Experts
Lawrence J. Fox




Winning the "Battle of the Experts" While Keeping Fees under Control - Lynn S. McCreary and David R. Singh Whether opining on liability, causation, or damages, expert witnesses can make or break your case. The outcome of trial often hinges upon the likeability, credibility, and communication skills of one or more star expert witnesses. Read More


Early Case Assessment: Get Experts Involved From Day One - Lisa Pierce Reisz and David V. Dilenschneider Early case assessment. It's a hot phrase right now among litigators, and although it's been defined in many different ways, it essentially boils down to gathering information, conducting research, and performing other tasks early on in litigation, when it often matters most. Read More


Is Your Expert Your Ally or Your Enemy? - Mark E. Porada When lawyers retain experts in litigation, it is fair to say they expect those experts to help their cases, not hurt them. Usually, a lawyer has a hand in guiding an expert in what to say in a report; sometimes lawyers actually prepare those reports themselves and the parties agree that the preliminary back-and-forth drafts are not discoverable. Read More




Expert Witnesses


Upcoming Events - Register Now:


October 3, 2013

Tactical Approaches and Techniques for Trial
Trial Practice Committee, Miami Tower, 19th Floor Auditorium, Miami, FL


October 15, 2013

Women in Insurance Network
Insurance Coverage Litigation Committee, Jenner & Block, Chicago, IL


October 23–24, 2013

Class Actions 2013
Revere Hotel Boston Common, 200 Stuart Street, Boston, MA


October 24, 2013

Issues that Arise When Dealing with the Rogue Employee CLE Regional
Commercial and Business Litigation Committee, South Texas College of Law, Houston, TX




Committee Roundtables are a free member benefit that allow you to call in from anywhere to hear live programs on a host of topics, such as the ramifications of a recent court case or legislation, developing a new practice area, trial tips, Q&A with a judge, creating personal marketing plans, coping with difficult opposing counsel, and balancing professional and personal life. Check in regularly to view the list of upcoming Roundtable programs, register online using the links from this webpage, and you’re all set! Learn More