Insight

Who Gets the Nod When Deciding Between Expert Witnesses?

It’s not just a matter of experience—often you need to look deeper than what's on the resume.

How to Choose Between Expert Witnesses
SD

Safra Ducreay

January 11, 2019 10:29 AM

The expert witness is frequently an underrated consideration when litigators try to determine whether prospective litigation will lead to a positive resolution for their client. Lately, however, the role of this individualwhose opinion provides insights into complex, often technical mattershas become more and more important, even gaining popular notoriety through crime procedurals like Law & Order and Netflix’s limited series The Staircase.

Selecting the right expert can be a difficult, high-stakes task for a trial team. But having to choose between twoespecially if they are both exceptionalis an even tougher assignment. As every seasoned litigator knows, the expert you select needs not only to represent your litigation posture but also needs to present well at deposition or on the witness stand at trial. This weighty decision cannot be based on a prospective expert’s CV alone. There are many other considerations and even an element of intuition.

Whatever a litigator’s area of specialty, at some point he or she will be in the position of choosing between multiple experts of similar backgrounds or levels of skill. So how does one narrow the field?

Look for outstanding communication skills

When it comes to the right expert, an impressive resume is not nearly enough. Often the deciding factor is how they will present to a finder of fact.

“Everything circles back to communication,” said Marc Mayerson, principal at Mayerson Firm in Washington, D.C. In addition to practical expertise, Mayerson also prioritizes a track record of public speaking. “Someone who has been a professor, or someone who speaks on panels, you know they have a better chance at communicating effectively to your decision makers."

Oftentimes, it’s not about what an expert witness knows, but how they can convey that knowledge to a jury. No matter how much effort goes into preparing an expert witness, some are just naturally better at communicating than others—and that may not be revealed until they’re on the stand. One way to mitigate this risk at the outset is to establish a strong rapport, face to face. “I have to talk to them multiple times in person. Even if it’s online via video,” notes Mayerson.

Consider testifying experience

A separate but related consideration is testifying experience in the expert’s past. “I do look to see if they’ve testified previously,” said Mayerson. “Experience is usually a good indicator of communication skills. But I’d also be perfectly happy with a first timer,” he added. “They might often be more credible than a professional witness.”

While years of experience shows true expertise, it can sometimes come across to the jury in a negative way. A professional expert witness who has worked on many cases can seem like a hired gun, and opposing counsel could try to use their previous testimonies against them.

Identify differentiators (no matter how niche)

Though experts may have similar practical experience, often there is something distinct in their background that can set one expert apart. Hermann Plank, a high-tech consultant in plastics, concurs. "I had the privilege of attaining a unique education," said Plank, who attained an unusual five-year master's degree in plastics technology from the University of Leoben in Austria, an elite university for this subject. “This differentiates me from many people,” he said.

Prioritize personality

A final, underrated consideration is the expert’s personality. One aspect of this is impartiality and objectivity. “The expert can’t be too bought into their side winning, at the expense of honesty. I know that my case has warts on it, if my case didn’t have warts on it, I wouldn’t be in trial,” said Mayerson. He concluded that if “the expert thinks I hired them to help me cover up these warts, well, then I need to find another expert.”

Making sure one’s ego is in check is also crucial. Experts are good at what they do, and they know that. This can make it hard for them to be a team player, and they may be more interested in showing off their skills and knowledge than carefully explaining facts to a jury.

Plank has attended advanced training to ensure that he knows what the litigators he partners with expect from him. “I attended a courtroom bootcamp for expert witnesses,” he explained. The experience, led in partnership by lawyers and seasoned expert witnesses, “pointed out that sometimes the lawyer’s objectives are completely different [from] what the expert witness thinks.”

In the end, when balancing multiple competing considerations, it may be this ability to understand the perspective and meet the expectations of counsel that is the most important differentiating factor of all when a lawyer is choosing between equally qualified experts.

-----------

Safra Ducreay is a content writer for GLG Law who recently moved to New York City from London. She is a Canadian-born journalist and her work has appeared in titles including The Guardian, Vice, The Independent, and others.

Related Articles

A Corporate Veil Remains Unpierced


by Peter McGlynn

How an Unwinnable Case was Won

A Corporate Veil Remains Unpierced

The Growing Need for Expert Witnesses Across All Kinds of Litigation


by Erin Quinn-Kong

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

Expert Witnesses for All Kinds of Litigation

The 5 W’s of Bankruptcy Communications


by Eden Gillott

You might be an expert on bankruptcy, but communicating its practical realities to clients can get complicated.

The Who, What, and Why of Bankruptcy

Should You Opt for a Career Expert Witness or a First Timer?


by Erin Quinn-Kong

There are reasons to hire an expert with 30-plus years of experience, but don't underestimate the skills of a first timer.

Hiring an Inexperienced Expert Witness?

The Science of Law


by Best Lawyers

“There are different types of evidence to show the nexus between the product and the particular outcome.”

Technical Knowledge Can Win a Case

An Interview With Courtney D. Scobie


by Best Lawyers

Ajamie attorney Courtney D. Scobie discusses her practice.

Courtney D. Scobie Q&A

How to Identify a Medical Expert for Trial


by Rose Ríos

Things to look for and things to avoid when choosing a medical expert for trial.

What Makes a Strong Medical Expert Witness

Millennials


by Joanna Barsh, Lauren Brown, and Kayvan Kian

Burden, blessing, or both?

Millennials

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