Over the last half-century there has been a dramatic growth in the use of expert witnesses at trial. Not surprisingly, the use of the “professional testifier” has become commonplace. Whether these “professional” witnesses truly provide insight into areas that are outside the ken of the jury is an issue that is open to debate. What is not open to debate, however, is that these professional witnesses can, if given the opportunity, damage or destroy your case. Knowing how to strategically attack these witnesses and expose both bias and lack of qualifications is essential to the successful outcome of a trial.
Oftentimes the “professional” expert is one who no longer practices in his field—whether as a doctor, an engineer or an economist. The true vocation of such an expert can be summed up in two words: courtroom testifiers. The courtroom is where the bulk of their time is spent. The courtroom is where their money is made. Reduced to the most basic of terms, these witnesses are colloquially known as “jacks of all trades”—witnesses who will say anything and render opinion for a buck. Moreover, they are often unqualified to render opinion on the subject about which they are testifying.
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