Insight

The Growing Need for Expert Witnesses Across All Kinds of Litigation

More lawsuits mean more opportunities for expert witnesses in all industries and specialties.

Expert Witnesses for All Kinds of Litigation
EQ

Erin Quinn-Kong

March 19, 2019 10:55 AM

According to data from the United States Courts, there were more than 350,000 filings for civil and criminal cases in 2018—and that number is slightly down from the year before. With such a massive number of lawsuits in this country (nearly 1,000 each day), it’s no surprise that expert witnesses are in high demand.

“It’s hard to imagine litigating a case that is anything but the most routine without a de facto expert,” says Jay Levine, a partner at the law firm Porter Wright Morris & Arthur LLP in Washington, D.C., where he is co-chair of the firm's Antitrust Practice Group. “Lawyer arguments are not evidence. Expert witnesses can analyze the case and state their opinion.”

Levine, whose nearly 30-year litigation experience has covered a variety of industries, including agriculture, health care, pharmaceuticals, and consumer products, says he has noticed there is a greater need for expert witnesses now than even 10 or 15 years ago. “There’s more technology, and people are becoming more specialized in their careers,” he says. “You can find a brain surgeon who only operates on the left temporal lobe if you need to.”

Expert witnesses come from all industries and specialties, from super-niche to more common pursuits. Whether you’re litigating a case on pharmaceuticals, medical malpractice, patent infringement, securities fraud, or anything in between, an expert witness can play a crucial role in breaking down the ins and outs of the complicated industry for the jury. “You’re asking six to 12 people who don’t know anything about an industry to decide the fate of your company,” Levine points out. “It’s an important job, so the right credentials and right demeanor are critical.”

Richard Kaletsky, a self-employed safety consultant, has testified as an expert witness about 65 times in court, by deposition, and at arbitration. Prior to becoming an expert witness, he worked with the U.S. Occupational Safety and Health Administration (OSHA) for 20 years and was the safety director for a factory before that. His areas of expertise include safety hazards encountered in the workplace, machine safeguarding, and emergency egress.

Kaletsky cites a variety of reasons for someone with expertise to become an expert witness. “When I present a case, I present proper facts and try to connect things,” he says.

Like all expert witnesses, Kaletsky first has to go through a large amount of case evidence, which can include everything from police reports, to OSHA citations, to photos and surveillance videos, to witness statements. From there, he writes up his expert report. While some expert witnesses turn in reports upwards of 200 pages long, Kaletsky prefers to keep his short. “Mine are very tight,” he says. “I try to knock out any ambiguity, narrow it down, not open any doors.”

Kaletsky has one rule he always abides by: never oversell. From not working on industries he doesn’t specialize in, to acknowledging on the witness stand when he doesn’t have all the answers, he is always honest and frank. That rule has served him well: The biggest case Kaletsky worked on resulted in a $3.6 million settlement.

For litigators like Levine, likeability is also a key factor for expert witnesses. “You need the credentials to wow the jury, but they also have to like you,” he says. “Given how much is at stake, you want to find the right people. Expert witnesses are like your clean-up hitter. They are trying to wrap up the story and apply their analysis.”

Kaletsky agrees. “An expert witness has to paint a picture for the jury,” he says. “But it can’t be done just using technical words; the jury has to understand you. You’re not painting a Picasso, it’s more like a Norman Rockwell.”

[RELATED: China nominations now open]

Whether you prefer the baseball or art analogy, top-notch expert witnesses are a key component to any case. Finding the perfect one, who is both an expert in the appropriate area and has that likeability factor, takes a lot of time and effort. But the payoff is worth it.

------------------

Erin Quinn-Kong writes for GLG, a platform that connects lawyers with expert witnesses. She’s the former editor-in-chief of Austin Monthly and was an editor at Allure and Us Weekly. Erin has written for a number of publications, including The Alcade, OpenTable.com, and Woman’s Day.

Related Articles

The Litigation Finance Mass Tort Gold Rush


by Justin Smulison

Third-party litigation funding is transforming mass torts, propelling the high-risk area into a multi-billion-dollar industry

Gold coins with data chart backdrop

IN PARTNERSHIP

Trial Lawyers Fight to Protect Individuals from Abuse


by Esquire Bank

With Esquire Bank's financial support, Elise Sanguinetti was able to challenge and end the Forced Arbitration Act. Her legislation continues to help other trial lawyers attain justice for abuse survivors.

Lawyer Elise Sanguinetti Fights to Protect People from Abuse

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Protecting Small Business Owners: Trial Experts Connick Law LLC Notoriously Successful with Fire Litigation


by Justin Smulison

When small business owners become the target of insurance companies in fire-related lawsuits, hiring a firm with a reputation for understanding the science of fire suppression trials can save their livelihoods.

Gold Indoor Sprinkler Heads on Red Background

Will Recent Boeing Settlements Create Tailwinds In Corporate Law?


by Justin Smulison

Prominent litigation against Boeing is setting a precedent of accountability, professionalism and commitment among company boards as well as ushering ESG further into the courtroom to help monitor and prevent safety issues.

Recent Boeing Settlements and Corporate Law

Colorado's Best Lawyers 2022


by Best Lawyers

Our 2022 Colorado's Best Lawyers publication features top-ranked legal talent in Boulder, Denver and Western Colorado.

Colorado's Best Lawyers 2022

Newly Launched COVID-19 Litigation Project Offers Open Access To Pandemic-Related Court Judgments From Over 70 Countries


by Sara Collin

A worldwide database of COVID-19 cases is uniting more than 70 countries as judges, lawmakers and lawyers continue to navigate pandemic related litigation and the ways in which it’s evolving amid year three.

COVID-19 Worldwide Litigation Project

Look for the Zoom Label


by Anne R. Yuengert and Matthew C. Lonergan

Will the virtual platforms that got such a boost during the pandemic replace how you interact with your employees, unions, and lawyers?

Virtual Platforms Replacing Work Interactions

Discovery in the Time of COVID-19


by H. Barber Boone

The pandemic has affected the vital process of legal discovery in ways both good and bad. Which changes are likely to become widely accepted in the years ahead?

The Impact of COVID-19 on E-Discovery

Busting a Trust


by Joseph Marrs

The rules governing trusts and asset distribution are often much more flexible than many might assume. Here’s a primer.

Rules Governing Trusts and Asset Distribution

The Next Chapter


by Patrick M. Shelby

Among its uncountable other disruptions, the pandemic upended U.S. bankruptcy procedures. Congressional relief, legislative changes, amended legal provisions: What lies ahead for those looking to file?

COVID-19's Impacts on Bankruptcy Procedures

Phoning It In


by Alyson M. St. Pierre, Ashley C. Pack, and Crystal S. Wildeman

It’s not easy for employers to weigh requests from employees to work from afar, even in the wake of the pandemic. Considerations include COVID-19, vaccinations, the Americans with Disabilities Act and the nature of the job itself.

Employer Considerations for Teleworking

Compelled to Compete


by Ashish Mahendru

Courts and legislatures—and now the White House—are taking an increasingly dim view of noncompete employment agreements, a development the pandemic has quickened. What can employers do to protect their confidential information?

Protection for Employers Beyond Noncompetes

Meeting Halfway


by Julia B. Meister

To resolve family and business disputes including wills, trusts, estates and more, mediation is often a more effective, gentler and cheaper option than litigation.

Mediation to Resolve Wills, Trusts, Estates

IN PARTNERSHIP

Look Out Below


by Mary Jo Larson

Employee 401(k) and other pension plans that include company stock can be a financial minefield. What’s a responsible fiduciary to do to lessen the risk of a plummeting share price—and the risk of a subsequent “stock-drop” lawsuit from aggrieved workers?

Navigating Employee 401(k) and Pension Plans

Family Law – Sometimes All in the Family


by Justin Smulison

Led by a father-and-son team of Family Law lawyers and trial advocates, with the support and assistance of family members, Blevans & Blevans, LLP continues its tradition of excellence serving the Northern California Bay Area in 2020 and beyond.

Blevans & Blevans

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call