Expert Witnessing and Scientific Testimony : Surviving in the Courtroom

Simply put, the primary role of the expert witness is to make clear and simple a complex technical or scientific issue. In practice, there are negative and positive aspects that must be considered before committing to the role. In a major case suing for big dollar amounts witnesses can expect to have their life history spread out like a roadmap for the world to see. On the other hand, finding and excavating the “smoking gun” piece of evidence can bring satisfaction far beyond any fees or hourly wage. Based on the author’s more than 30 years of experience as a successful expert witness, Expert Witnessing and Scientific Testimony: Surviving in the Courtroom demonstrates how to properly present scientific testimony and survive the onslaught of cross examination in court. Written in an engaging style, the book begins with introductory material to the world of litigation and the role and qualifications of the expert witness. It covers necessary legal protocols such as rules of evidence and procedure. Focusing on scientific testimony, the author demonstrates the use of scientific literature, presentation of testimony, and the language of lawyers. He addresses the courtroom experience with actual cases, experience, and pitfalls to illustrate procedure and strategy, cross-examination, and the exposure of personal history. Offering critical observations and judicial opinions, the book presents several exemplary civil, criminal, medical malpractice, and workers compensation cases. The author also includes his personal advice and tips on the business of expert witnessing. There is an extensive glossary of legal terms, detailed footnotes, and useful appendices summarizing code of conduct, paperwork, and examples of case reports. Offering an insider’s look at the labyrinthine world of litigation, Expert Witnessing and Scientific Testimony: Surviving in the Courtroom provides a guide for expert witnesses in today’s legal environment. Front cover 1 Table of Contents 4 Preface 10 Acknowledgments 12 About the Author 14 Chapter 1. Involvement in a Legal Action 16 Chapter 2. Negligence 26 Chapter 3. Rules of Evidence and Codes of Civil Procedure 30 Chapter 4. The Body Scientific Literature 36 Chapter 5. Foundation Equals Persuasion 40 Chapter 6. The Expert Witness 52 Chapter 7. Speaking the Language of Lawyers 60 Chapter 8. To Do the Courtroom Dance, First Learn the Steps 66 Chapter 9. Skeletons in Your Closet 72 Chapter 10. Impeachment Is Not Just for Presidents! 78 Chapter 11. Criminal, Civil, and Workers' Compensation Cases 82 Chapter 12. Toxic Torts in Retrospect 88 Chapter 13. One Case Is Tragic; Two or More Cases Are an Epidemic 92 Chapter 14. Professional Liability 96 Chapter 15. Out of the Ordinary: Investigations, Cases, and Trials 104 Chapter 16. Do You Charge for Your Testimony? No, I Charge for My Time! 120 Chapter 17. Expert Witnesses: The Good, the Bad, and the Ugly 128 Chapter 18. Closing Arguements 154 Notes 160 Litigation Glossary 166 Appendix A: California Code of Civil Procedure, Section 2034 174 Appendix B: Actual Case Report Examples 184 Appendix C: Forms and Other Data 218 Appendix D: The Curriculum Vitae 232 Index 268 Back cover 274 Based on the author's more than 30 years of experience as a litigation witness, Expert Witnessing and Scientific Testimony: Surviving in the Courtroom demonstrates how to present scientific testimony and survive the onslaught of cross examination in court. Organized with introductory material, trial issues, case studies, and critical observation, this book provides the necessary foundation for professionals and non-professionals to present facts and address pitfalls associated with the subjective nature of expert witnessing. Offering critical observations and judicial opinions, the book presents several exemplary civil, criminal, medical malpractice, and workers compensation cases. The author also includes his personal advice and tips on the business of expert witnessing "Written in an engaging style and drawn from the author's more than 30 years of experience as a successful expert witness, Expert Witnessing and Scientific Testimony: Surviving in the Courtroom demonstrates how to properly present scientific testimony and survive the onslaught of cross examination in court."--Jacket