Page 11 - Forensic News Journal Jan Feb 2018

How to Choose an Expert Witness?

articulate in court than the Talk to other attorneys to on our ego, but remem-
average psychiatrist who find out how this expert ber that a “marshmallow”

spends more of his time handles himself at depo- may make your life easier
listening to patients rather sitions and in the court- now but may come back

than talking. room. I have seen several to haunt you at his deposi-
experts who write superb tion or on the stand. His
What kind of appearance reports but choke on the assertive-rude behavior

does she make? Every- witness stand when forced could be his way of trying
thing else being equal, to “think on their feet.” to impress you.

people who are taller,
slimmer, good looking What is the expert like to Although experts some-
and well-dressed have a work with? Is she “user times promise more than

distinct advantage in our friendly?” Is he person- they can deliver, I have
society. Believe it or not, able? Does she return found that some attorneys

a blue suit and a conser- phone calls or emails in a need to be more realis-
vative red tie supposedly timely way? Most impor- tic about what they can
convey power in a male tantly, does he meet dead- and should expect from

expert. lines? Try not to confuse experts. For example, I
assertiveness with rude recently spoke with two

Are his reports compre- behavior. A competent ex- attorneys who did not
hensive and free of typos? pert may know more than retain me because they
If possible, try to review you about a narrow area of were looking for an expert

one of his reports. Of the law such as the criteria in New Jersey who spent
course, the opinion section for involuntary hospital- most of his time running a

is the most important part ization. He may have done clinic for the evaluation of
of the report. It should be more medical malpractice potentially violent people.
well thought out and jar- cases than you. He may Other than a prison, I

gon free. If malingering is rattle off what records know of no such facility.
an issue in this case, is the he wants, why he wants I tried to explain this to

expert willing to say it and them, and he won’t ac- them but to no avail.
how does he back up his cept a “no” without good
opinion? reason. None of us likes

to have someone trample

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