Expert Trial Testimony: Direct and Cross Examination

IMS ExpertServices occasionally sends me e-mails that highlight recent key court cases that can significantly affect the effectiveness of expert testimony, both for the plaintiff and for the defendant. These folks have for a long time provided articles and papers to educate professionals on the aspects of expert testimony in court cases. You need only scan the headlines I post daily to know the importance of effective legal representation when intellectual property (IP) is being contested.

IMS ExpertServices has just published an excellent whitepaper titled "Expert Trial Testimony: Direct and Cross Examination," written by Tony Klapper, of A2L Consulting, and James Crane, of IMS ExpertServices. Its targeted audience is the person who is or might be tasked to perform in a courtroom as an expert witness. The paper begins with the question, "You are smart. You are well-credentialed. But are you prepared to testify in a court of law?," which applies to litigants whether performing as a defendant or as a plaintiff. If you find yourself the victim of a lawsuit (defendant), you must be prepared to endure the assaults of a skilled prosecution team. On the other hand, if you initiate an lawsuit (plaintiff) you must be prepared to effectively make your case and defend your assertions. Success depends on whether a judge and/or jury deems you credible.

The authors offer advice on addressing an audience on an appropriate level, maintaining self-awareness in terms of how other perceive you, use of audiovisual props, and properly assess the ability and strength of your opponent.

The download is free, and is definitely a useful read.

Posted November 9, 2016