Are All Experts Equal?

You might be surprised! As a matter of fact they aren’t.

Trier Of Fact (Expert Witness)

By definition an expert witness by virtue of scientific, technical, or other specialized knowledge will assist a trier of fact (court) to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise; Fed. Rule of Evidence 702. 

Notwithstanding in the case of Daubert v Merrell Dow, the Court noted several factors that courts should consider in determining whether proffered “scientific” expert testimony would assist a trier of fact, including: (1) whether the theory or technique can be tested; (2) whether it has been subjected to peer review; (3) whether the technique has a high known or potential rate of error; and (4) whether the theory has attained general acceptance within the scientific community. 

Expert Qualifications

The expert should have at least one (1) degree in their particular field expertise (engineering, etc.) and practical hands-on experience. He or she should be a member of legal/technical societies not open to the general public, without a related degree and experience.

Expert Witness Reports

There are two kinds of technical reports. The Detailed report will have computer-aided diagrams (CAD), simulations, photographs (Digital / 35 mm), animations, discussions, and conclusions; about 15-40 pages. This type or report will indeed help you settle the case without going to trial. The second type is called The Boilerplate or The Fill-In-The-Blank report, whereas it this consists of fundamentals; about 1-4 pages. Essentially, its one size fits all with a little adjustment. This type of report will almost guarantee a trip to the road of litigation. 

Expert Witness Fees

Are another factor that should be carefully examined. Experts can bill hourly, daily or a flat rate for varies services such as examinations, research, and depositions. Some experts may also bill for phone calls, travel time and full fees for possible court testimony. Many experts underhandedly tack on additional charges, which are referred to as agency fees. These so-called fees can add hundreds to thousands of dollars to their bill and are designed to obtain profit for both the expert as well as the referring agency.

Conclusion

Numerous, so-called experts may barely satisfy the court’s requirements of being qualified as an expert witness, but the true expert will have more credibility before a judge and jury, which is based upon higher education (degrees), practical experience and communications skills. 

Be cautious! Be aware! The expert you retain can make or break your case.

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