KEYS TO BEING SUCCESSFUL IN PRE-LITIGATION AND LITIGATION AS AN EXPERT WITNESS

Based on my experience of over 56 years as a professional geologist, and being involved in 8 trials, and 8 pre-trials, I have learned some lessons that I am willing to share. They are as follows: (1) Establish whether the field science indicates support for their position, and can be defended at a trial. (2) If yes, lay out the data and staffing needed. (3) Lawyers usually have a pre-conceived notion as the approach to use in the litigation, so disagree with them if you think this is the wrong approach to win at trial. (4) If the case proceeds to a trial, plan to tell a story to a judge or jury. (5) Lay out what you see as the sequence of testimony on the merits of the science involved, with you being the final expert witness that will summarize and give science conclusions. (6) Make large exhibits. (7) Observe other experts testimony in pre-trail planning and comment if too technical. (8) When testifying, answer the lawyers questions by talking directly to the jury. (9) If lawyer doesn't mention exhibits, answer in a way that the lawyer understands you need a particular exhibit. (10) Ask permission of the judge to approach the exhibits. (11) If you see particular members of the jury nodding to points you are making speak directly to those persons. (12) Feel free to walk back and forth in front of the jury. (13) Arrange the exhibits all the way across the jury box, and point to exhibits as you tell your story. (14) Relate your science evaluation to the testimony of the prior experts, and why essential to the conclusions. (15) In cross examination sit in the jury box and talk directly to the opposing lawyer. (16) Give short answers and don't elaborate in cross examination. (16) Don’t offer new information in cross-examination.