[Fredslist] Fw: [Expert Communications] Expert Witness Qualifications

Tue Dec 2 16:27:18 EST 2008

Fellow Experts:  Read this short set of guidelines for experts.  The author, an attorney, talks about the 4 P's that make a good expert:  Practitioner; Publisher of articles, etc.; Professor; and good Performer/Presenter.   It's a terrific article.  AND, BE SURE AND RSVP TO ME ABOUT OUR MEETING NEXT MONDAY, DEC.8 at 12:30pm at Fabio Piccolo Fiore's (230 E.44th between 2nd and 3rd Ave.) if you have not already done so.  See you next Monday for Maria Guida's exciting discussion on communication/motivation techniques for experts to use with clients and jurors.  Gerry

 Gerald M. Goldhaber, Ph.D.
President and CEO
GRA, LLC
800 6th Avenue, Suite 26G
New York, NY 10001
(212)379-6661 (O)
(917)279-2303 (Cell)
www.goldhaber.com

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From: Expert Communications <expertcomm at earthlink.net>
To: geraldgoldhaber at yahoo.com
Sent: Tuesday, December 2, 2008 2:17:04 PM
Subject: [Expert Communications] Expert Witness Qualifications

Expert Witness Qualifications 

Below, attorney David Tirella advises attorneys on what to look for in
quality expert witnesses. Experts would be well served to take this
information to heart, as your prospective attorney-clients are probably
looking for these qualities in you!

------------------------------------------------

A Four "P" Expert - 

After years of locating, interviewing, and personally hiring hundreds of
authoritative expert witnesses, I now believe the process of selecting
experts can be narrowed down to four simple questions. If all four
questions can be answered in the affirmative, then the type of quality
witness that will help advance any litigation case has been found. I
refer to this type of exceptional expert witness as a "four P expert." A
"four P expert" is a person who has the following qualifications: The
witness is a practitioner in his or her field of study; the witness is a
professor in his or her field of study; the witness has published peer
review articles, textbooks, or guidelines in his or her field of study;
the witness presents well in front of a jury. 

Practitioner -- One Who Practices an Occupation, Profession, or
Technique - 

The first "P" of a "four P expert" stands for practitioner.
Dictionary.com defines a practitioner as "one who practices something,
especially an occupation, profession, or technique." Practitioners are
engineers, technicians, physicians, surgeons, dentists, scientists,
counselors, and hundreds of other jobs. Expert witnesses who possess
practitioner experience have an advantage in testifying before a jury
because they routinely perform the very procedure or practice that is
being questioned in the litigation. A practitioner expert witness can
look the jurors in the eye and confidently assure them that his or her
opinions are correct. This confidence stems from the fact that the
practitioner expert successfully performs the questioned procedure on a
regular basis. An expert witness who has little or no hands-on
experience can be vulnerable to cross examination, even if the expert
has an impressive curriculum vitae. An expert witness with practitioner
experience, on the other hand, can quiet critics, whether they are
judge, jury, or opposing counsel contending that the expert is merely
restating opinions he has only read about. Quite simply, there is no
substitute for doing. 

Published -- One Who Has Been Published in Periodicals or Books - 

The second "P" of a "four P expert" stands for published. An expert who
has published peer review professional journal articles, chapters in
texts, or books will have a strong working knowledge of all published
opinions and counter opinions on the area in question. A published
expert witness can explain to a jury how his or her opinions agree or
disagree with other national published experts. An expert witness who
has published in peer review publications gets the benefit of the jury's
understanding that her research and opinions have been deemed worthy to
publish for all the world to see. In short, this kind of witness has
authority and veracity. 

Professor -- a Teacher or Instructor - 

The third "P" of a "four P expert" stands for professor. An expert
witness with teaching experience, especially in the area in question, is
a tremendous advantage. Virtually every civil law suit needs such a
teaching witness to help explain the issues of liability, causation, and
damages to the jury. Further, such a witness will be able to explain
these issues and opinions in a clear and concise manner that is ideally
suited for a courtroom presentation. Not all expert witnesses have such
teaching experience, and hence may not be ideal for creating a teaching
environment for the jury. Who is better qualified to teach a jury than a
quality teacher? 

Presentation -- a Lecture or Speech Set Forth for an Audience - 

The fourth "P" of a "four P expert" stands for presentation. Research
tells us that for many individuals, the messenger is just as important
as the message. If this research is accurate, then trial lawyers must be
sensitive to what their expert witnesses look and sound like in hope of
having a messenger to which the jury can easily relate. 

Credibility and personal likeability are intertwined with actual content
of the message. If time is not an issue in the case, then a personal
visit to any new potential expert witness is well worth the time and
effort in order to ascertain how the expert presents. If time is short,
then a current photograph and a curriculum vitae for your analysis
before retaining an expert witness can be very helpful. Having a
one-on-one meeting with the potential expert witness can help to resolve
any potential issues that a jury might have with the witness. As we
know, a picture is worth a thousand words. 

--  by David Tirella, an accomplished attorney with more than 19 years
of experience handling a wide variety of civil and criminal
matters,including more than 200 bench and jury trials.
http://tirellaconsulting.com/home.html 

--------------------------------------------------
Note from the editor:

Rosalie Hamilton, The Expert's Expert on Marketing, a consultant, coach,
outsourced marketing provider and the author of *The Expert Witness
Marketing Book* http://www.expertcommunications.com will be a speaker
at "The Art and Science of Expert Witnessing".

This event will be held in Tampa on December 10th and presented by The
Center for Excellence in Advocacy at Stetson University College of Law
in Partnership with Tirella Consulting. You can learn more about it or
register to attend at http://tinyurl.com/5qjcer

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Fine Print
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Expert Communications
Expert Witness Marketing & Training
140 Island Way, #288, Clearwater, FL 33767
Tel 727-467-0700 Fax 727-467-0800
meredith at expertcommunications.com

*Expert Communications* - We provide expert witness training tools and
coaching, and create marketing plans, materials and websites for expert
witnesses.

Find additional articles and resources for experts at
http://www.expertcommunications.com 

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