We talk about the love/hate relationship lawyers and expert witnesses have with an article from the ABA and then we talk about accident reconstruction, forensic engineering, and expert trial prep, with Justin Holderness from Kineticorp.
The Love/Hate Relationship Lawyers Have With Experts
Today’s Hot Take is from the AmericanBar.org “Expert Witnesses – You Can’t’ Try a Big Case Without Them, and You Can’t Kill Them,” by Ross Laguzza. Ross writes:
“Do you love your experts? Not me. I don’t like them. Not even a little. Why not? First, this is nothing personal. I have met and worked with many expert witnesses over the years and have found some to be quite personable and fascinating people. Yet, as necessary a part of litigation as they are, I find them to be a burden. Here are a few of my top reasons why, and tips to help mitigate them.
Jurors Don’t Care about Experts
Experts Forget Who Their Audience Is
Experts Are Often a Bit Less Than Scintillating
Experts Can Be Introverts
Trial Lawyers Over-Identify with the Experts”
Paul: I really like this – “During practice question-and-answer sessions, it’s like a non-player listening to two experienced gamers talking about Dungeons & Dragons. The gamers know what they are talking about, but the rest of us will be left in the dark if somebody doesn’t intervene. That somebody often is somebody like me, but it can be anyone on your team tasked with making sure you don’t forget your audience.”
Jake – Paul likes to say that poker isn’t a card game played by people it’s a people game played through cards – It’s all about humans interpreting humans – the roles of experts in trials and even well-before the case gets to court, is to help lawyers and jurors and judges to perceive the problem better – it’s all about narrative and sometimes it’s best to have someone else do the heavy lifting in convincing.
“The most important thing is not to assume that just because someone is a credentialed expert or has had successful testifying experiences that person will be effective in your case. I find that there is no shortcut. You have to start at the beginning in each case and help the witness craft his or her message and develop effective communication strategies.”
Forensic Visualization, Accident Reconstruction and the Strength of Conclusions in the Face of Cross-Examination
Justin Holderness is the Director of Expert Relations at Kineticorp, an accident reconstruction firm based out of Denver. After receiving his Bachelors in Business from Northern Arizona University, Justin established his career in legal marketing with Network Affiliates, a nationally recognized ad agency that represents personal injury law firms. Justin is an avid blogger, content creator and speaker and brings all that, and a bag of crisps to the LAWsome podcast today
Get More Information About Forensic Investigation, Accident Reconstruction & Animation and Trial Preparation for Lawyers
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