How to Maximize Your Use of Expert Witnesses

Don Parent is the founder of Parent Technology Group, LLC, a mechanical and electrical engineering consulting and expert witness firm. He is a Licensed Professional Engineer with over thirty years of experience and has been awarded over two dozen US and International patents. Mr. Parent holds a master's in mechanical engineering from Stanford.

In this episode…

Mr. Parent refers to a solid working relationship between expert and attorney as a “positive feedback loop,” noting that the inquisitive nature of attorneys and his engineering background are complementary forces. Experts who absorb some of the legal complexities can better intuit where questioning may lead, and answer accordingly. Similarly, attorneys can leverage a deeper understanding of the subject matter into a more comprehensive representation for clients.

Check out the whole episode for our discussion on representing plaintiffs vs. defendants, scene graphics, and the role of neutrality.

Our guest, Professor Michael Risch is the Vice Dean at Villanova’s Charles Widger School of Law, where he is a well-published author in IP and Internet Law in numerous law journals and has a full-service IP consultancy. Professor Risch holds a J.D. from the University of Chicago, and an A.B. from Stanford.  

In this episode . . . 

Keeping legal conclusions out of expert opinions is an important skill, according to Professor Risch. This is significantly more difficult for attorneys who become expert witnesses, but it is crucial, regardless of background. Opposing counsel will jump at the opportunity to impeach legal conclusions couched as expert opinions, he advises. 

Tune in for the full episode, including our discussions on levity in the courtroom, consistency, and relatability in court.

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Today’s guest, Paul Sibenik is the CEO of CryptoForensics Investigators, a blockchain forensic accounting firm. He is an expert in numerous areas ranging from investment fraud to ransomware and has over five years of expert witness experience. Mr. Sibenik has a BA in Political Science from York University.  

When drafting an expert witness report in a cutting-edge field like crypto, Mr. Sibenik always summarizes key points by analogy, as often judges and other parties to the proceeding are laypersons. Additionally, he notes that not everyone will read the middle of a report, so it is crucial to have a solid introduction and conclusion which set the foundation for testimony.  

Check out the full episode for our discussion on setting up expectations during the initial interview and staying tuned in to your field of expertise. 

Our guest, Stephen Pope is a software developer, IP expert, and consultant through FASTLab, where he develops advanced multimedia and AI software for a variety of applications. He has over 25 years of experience as an expert witness, and over 100 published technical papers. Mr. Pope holds a BS in Electrical Engineering from Cornell. 

In larger cases, it is not uncommon to work on a team with other expert witnesses. Mr. Pope notes that while each expert has a particular part to play, often, not every expert will testify. It is therefore crucial that the testifying experts work with consulting experts to get up-to-speed on the report. 

Check out the full episode for our discussion, which includes the two-way vetting process, having sufficient experience, and working on both the plaintiff and defendant side.

Our guest, Mike Favetta, is the owner of WeatherPrep LLC, a meteorology consulting firm. He has over sixteen years of broadcast experience and is an expert in meteorology, climatology, and environmental matters. Mr. Favetta holds a BS in Atmospheric Sciences and Meteorology from Keane University. 

Expert Witnesses need to be on the same page as their engaging attorneys before putting pen to paper. Mr. Favetta advises addressing the scope of the initial call and revisiting it throughout the process to avoid wasting time on superfluous matters and keeping within budget. 

Check out the full episode for further discussion on initial forays into expert witnessing, demeanor in court, and mentoring.

In this episode…

Our guest, Professor Rand Decker teaches Civil Engineering, Environmental Engineering, and Construction Management at Northern Arizona University. He is the author of numerous scholarly works on cold environment engineering and has over thirty years of experience in expert witnessing. Professor Decker holds a Ph.D. in Cold Regions Engineering from Montana State.

Professor Decker finds that engagements are far more successful when attorneys and expert witnesses work together to fill knowledge gaps, ultimately weaving a more effective advocacy for the client. He explains, “I think it's important for the attorney and the experts to agree on the meta questions behind the technical issues and the litigation, because once you agree on the foundational issues, then it's sort of hard to fall off the edge of the world because you can get those established early on.”

Be sure to check out the whole episode, for our discussion on expert niches, the public good, and demonstrating expertise.

Dean Barron is owner of twobluecats.com, a full-service statistical analysis consulting firm with a broad range of specialties, ranging from regression analysis to Ph.D. thesis preparation. With over 25 years of experience, he is a sought-after expert witness and published author. Mr. Baron holds an MS in statistics from Cal State Long Beach.

In this episode…

Time management starts with an understanding between the expert witness and the engaging attorney. Mr. Barron sets up expectations beforehand by directly asking what the expected hour count is, taking into account the amount of time available before the report is due. Tight time frames can be overcome with proper planning and possible extensions, he notes.

Be sure to check out the entire episode for our discussions on organization, the importance of academic achievement, and small details with big impacts on cases.

John Catlett owns J.D. Catlett Consulting, LLC, a full-service building and fire code consulting firm. He has over thirty years of experience in management, training, proposals, implementation compliance and more. Mr. Catlett has worked as a fire marshal, maintenance code official, and building plan reviewer and is a sought-after expert witness with over a decade of experience.

In this episode...

Mr. Catlett, advises a “three-p approach” to depositions and trials: “prepare, prepare, prepare”. Needing to refer back to your report as little as possible, establishes an air of preparedness and authority over the material and shuts down many of the opposition’s potential avenues of attack. There can be long delays between writing reports and depositions or trials, so Mr. Catlett recommends rereading case materials as important dates approach.

Be sure to check out the entire episode for tips on vetting, getting experience in the courtroom, and shifting expert roles.

Our guest, Dr. Istvan Jonyer,  is founder of Sidespin Group, an Expert software analysis and business strategy services company. He is an inventor, scientist, and entrepreneur with a focus on machine learning, AI, augmented reality, and other emerging technologies. Dr. Jonyer has a Ph.D. from the University of Texas and an MBA from Carnegie Mellon.

In this episode . . .

Not all attorneys are subject-matter experts themselves, and they may rely on their expert witnesses to get a technical overview. Our guest, Dr. Istvan Jonyer, recommends that experts use initial calls to get a feel for an engaging attorney’s potential knowledge gaps, so as not to waste a lot of time explaining, or overexplaining opinions before writing reports or developing deposition strategies. He shares an example where he spent a significant amount of time explaining the technical details of his opinion, only to realize afterward that it went over the attorney’s head.

Check out the complete discussion for topics including expert relevance, understanding when communications are privileged, and retainers.