Page 6 - Forensic News Journal Jan Feb 2018

How to Choose an Expert Witness?

fusing state of affairs, the response to a person is just to you now, imagine how

task of finding a psychi- as important as an intense s/he will treat you after
atric expert is often del- negative response. you retain her! Do not hire
egated to an associate or this person unless you are

a paralegal who does an As an aside, research has a “masochist!”
internet search, makes a shown that we are more

few phone calls and goes effective in determining if Although we prefer to
back to the partner with someone is lying to us by avoid the topic, some phy-
a curriculum vitae, a fee listening to them on the sicians and attorneys have

schedule and not much phone rather than listening psychiatric dysfunctions.
else. However, by asking to them in person! It ap- It comes with the territory.

a few key questions, it is pears body language and The work is demanding,
possible for a junior staff facial expression is a way and patients and clients
member to shine and have of distracting the receiver. are not always apprecia-

a significant impact on the Don’t be afraid to ask a tive.
outcome of the case. “stupid question.” In fact,

there is no such thing. For Choose an expert who
Always listen to your “gut example, I have found speaks clearly and sim-
reaction” to the prospec- that medical students ask ply. Experts, who are

tive expert. Try to deter- better questions than psy- dominated by a theoretical
mine the basis for your chiatric residents or even orientation, tend to talk in

emotional response if it full-fledged psychiatrists. jargon that you may find
is intense. When we meet They tend to ask ques- difficult to understand and
someone for the first time, tions that get to the core which, in turn, the jury

we are picking up a mul- of a subject, often picking will not understand (and
titude of clues about who up inconsistencies. Often, may even find irritating

this person really is. Some the less that you know, the or condescending). Ex-
of these clues come from less likely it is that your perts should speak clearly,
the way the person looks, thinking is contaminated simply and, as much as

walks and talks. However, by preconceived ideas or possible, without jargon.
we also pick up informa- prejudices. They should demonstrate

tion based on our uncon- the kind of “common
scious reactions. Good Remember that when you sense” thinking that makes
psychiatrists use this tool speak to the expert, you them approachable. When

all the time. Do not forget are the one who is doing I testify in court, I know
that a powerful positive the hiring. If s/he is rude that I have done a good

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