When selecting an expert to testify at trial, consideration should be given to his or her stature not just from the standpoint of formal classroom education and training, but also from the aspect of his or her ability to communicate credibly and effectively to the jury. The abilities of the expert to honestly and fairly analyze and interpret evidence, organize his or her ideas and express them clearly to the jury are significant stepping stones to victory. Too often, however, trial attorneys fail to fully evaluate their own expert’s credentials and opinions prior to putting the expert on the stand.
While it may not be possible to completely neutralize a collateral attack on your expert, the attack may be minimized on direct if you know your expert’s potential weaknesses. The failure to take any steps to scrutinize your own expert’s credentials and to challenge the basis for his or her opinions may be disastrous to your case.
