Can an Expert Witness Affect the Outcome? Hine said a strong expert will always try to add value to the case by identifying areas of improvement and areas of weakness, which will better inform the client. Malcolm added that experts should get involved early in the process because they can help trim litigation costs by determining relevant information quickly. “An expert in a consulting or advisory role may be able to take an advocacy position, for example advising the client on the most beneficial calculation methods, the pros and cons of different options and estimating preliminary high and low ranges of losses. Such advocacy should not, however, extend into preparing an expert report which needs to be impartial and balanced.” The Extent to Which an Expert Witness Can HelpĪsked how experts can help analyze the strengths and weaknesses of a pending case, Malcolm said witnesses can be quite helpful in this regard however, parties should be careful when said “consulting experts” also create an expert report. Malcolm referenced the Ponzi schemes that crippled the financial system several years ago and noted that these schemes are “extremely complex to unravel” and are “often difficult to separate from legitimate investments.” Expert witnesses, in these cases, “will be essential to ensure that the evidence is correctly understood.” He also said expert witnesses would be most beneficial in cases of financial disputes that require complex quantification modeling or what-if calculations. In 2011, Financier Online conducted a Q&A session on this subject with Chris Hine, the National Head of Forensic Accounting at RSM Tenon John Reynard, Executive Chairman of BTG Global Risk Partners and Derek Malcolm, Partner at Grant Thornton LLP.Īsked when an expert witness should be brought into the process, Hine said they are most appropriately used when “the key areas of the case are those known to be covered by expert evidence.” In forensic accounting, for example, these are cases in which “the issue of quantum is most difficult to resolve and where the calculation of the amounts of damages may be very complex.”
Parties should carefully consider when to bring in an expert witness to ensure maximum effectiveness. They can then help attorneys prepare questions for interrogations, depositions, and legal testimony.įinally, expert witnesses can critique and rebut the testimony of the opposing counsel’s experts, and then assist in settlement negotiations should that point be reached. This will help the parties involved determine if the damages require or indicate the need to pursue litigation.Įxpert witnesses can also help identify which documents need to be requested, and then determine if said documents were germane to the situation. An expert witness can help assess and identify various types of damages and then prepare a preliminary estimate of those damages. What Are Expert Witnesses Used For?Īn expert witness need not be called in every case however, these men and women can be extremely useful if used effectively. Expert witnesses can sometimes help evaluate potential cases, as well.
A skilled expert witness will take technical jargon and complicated situations and explain them in a way that the jurors and others can understand.
The expert witness clarifies, explains, and provides opinions on complex matters that the average person would not typically understand. Federal and state courts permit expert witnesses to testify during cases in order to assist the judge and/or jury in reaching a decision.
#EXPERT WITNESS PDF#
Downloadable PDF Version here: The Role of an Expert Witness (PDF) 466KB What is an Expert Witness?Īn expert witness is a person who has specific knowledge, training, education, skills, and/or experience that is superior to that of the average person.
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