Navan Ward

The most important witness in a civil trial is the expert witness! From the dog bite trial to the multiple-plaintiff pharmaceutical device products liability trial, every Plaintiff needs an expert witness(es) to prove essential elements of their case to succeed. Consequently, one of the top 3 most frustrating situations for a Plaintiffs’ lawyer occurs during a deposition or trial of an expert and every single word that comes out of that expert’s mouth kills the Plaintiff’s case.

When the said expert who butchers the Plaintiff’s case happens to be the expert that the Plaintiff hired….the expert that the Plaintiff is paying (ie: “Plaintiff’s expert”), well that’s completely unacceptable! Maybe its just me, but that really gets under my skin. This travesty happens more often than it should, which ultimately leads to a case being dismiss, critical opinions/testimony not being relayed to the jury, and negative trial results and/or case resolutions. Understanding the most effective ways to prepare the Plaintiffs’ expert(s) prior to trial is crucial to ensuring that the retained expert (or non-retained / non-paid expert) is successfully able to provide his/her opinions and testimony at trial.

This session will provide important considerations for properly preparing the Plaintiff’s expert witnesses for trial (and avoid the Plaintiff’s attorneys’ urge to inflict serious bodily harm on an expert, who has been paid handsomely, but either won’t be allowed to testify or gives bad testimony).

One hour focus on:

• How to gain knowledge of the technical/scientific issues of the case
• How to effectively communicate with your expert
• Why your expert must understand the standard of review
• How your expert can effectively communicate with the jury
• How to avoid your expert getting ambushed by the defense
• How to turn a treating physician into an expert
• Communicating with treating physicians