Key qualities that all good expert witnesses have
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Expert witnesses play a vital role in the legal system by providing impartial testimony that helps judges and jurors understand the key issues and make sound decisions.
Crime dramas on the big and small screens often portray the men and women providing expert witness testimony as professionals who help explain complex subject matter. These fictitious programs often show experts being cross-examined by lawyers intent on challenging whatever they previously said under oath.
The men and women who serve as expert witnesses tend to have skills in the areas of their profession, integrity, communication, preparation, and adaptability.
Mastery of their profession
An essential trait expert witnesses should have is a mastery of their field of specialization. Courts require experts to demonstrate knowledge commensurate with their educational achievements and have strong practical experience.
The knowledge should also be up-to-date and reflect industry best practices. No matter what profession — engineering, medicine, finance, forensics, or software and cybersecurity, for instance — expert witnesses typically have applicable expertise. They can usually leverage their career experience to offer expert testimony.
Professional integrity
Although credentials are important to credibility, reputation regarding integrity, neutrality, and consistency are equally important.
The legal system requires experts to provide their testimony in an objective fashion. Whether they’re hired by the prosecution or the defense, expert witnesses should be impartial and stick to the facts rather than slant their testimony to fit a chosen narrative.
Good communication skills
Effective communication is also a critical skill. Lawyers retain the services of expert witnesses to break down complex issues or explain legal principles. For instance, it might take an information technology executive to show that a data breach was the result of certain actions. And it may require a forensic accountant with years of experience to explain matters involving financial fraud.
But these professionals need to be able to speak at a level that non-experts can understand.
Expert testimony often includes specialized jargon, complex mathematical problems, and scientific procedures that are not necessarily common knowledge. Without expert witnesses, the average juror might lack the necessary understanding.
Effective expert witnesses typically explain information clearly and concisely. This is especially important during cross-examination by opposing lawyers.
Thorough preparation skills
Professionalism isn’t just about earning a degree. It’s also about proper preparation, timeliness, integrity, and the ability to function effectively under pressure.
Expert witnesses may find answering questions posed by the lawyers who hired them easier than responding to hostile challenges from opposing lawyers.
But showing courtesy during cross-examination may show the jury and the judge that the expert witness is offering objective assistance rather than playing an adversarial role.
An expert witness who is well prepared will have reviewed the case files, documents, and other relevant details before taking the stand.
Ability to adapt
Another trait that is useful for expert witnesses is adaptability. New evidence may be admitted, legal strategies may change, and opposing counsel may challenge testimony.
Expert witnesses should also be able to explain their earlier statements and stay within the bounds of what is known and proven by the principles of their professions.
Effective expert witness performance extends beyond academic achievements to include professionalism, integrity, communication, preparation, and adaptability. Databases that vet expert witnesses can assist lawyers in identifying qualified professionals who can be called upon for their upcoming court cases.
The participation of expert witnesses during court cases is important because these professionals clarify technical or specialized issues. Judges and jurors rely on accurate information to evaluate the matters before them, and expert witnesses can provide relevant explanations that assist in understanding the evidence and reaching informed conclusions.
Key qualities that all good expert witnesses have
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