An expert witness is a person knowledgeable in a particular subject area who can assist a jury or judge in understanding specialized, technical or scientific evidence presented in a court case.
Experts are needed to explain
what is reasonable in various industries, scientific or technical information, complicated financial data, and anything else that laypersons might have difficulty understanding on their own.That’s why
having a good expert witness is critical to litigants.Smart Business spoke with Adam Waskowski, a partner at Novack and Macey LLP, about what to look for in an expert witness and what business owners can do to help their attorneys identify them.
What are the qualities of a good expert witness?
A good expert witness has two main qualities. First, the expert needs to actually have specialized knowledge. Second, the expert must be a ‘teacher’ who can explain technical information so a layperson can understand it.
How can business clients help identify expert witnesses?
Business clients are a good, underutilized resource for identifying potential expert witnesses in business disputes. Most trial lawyers have a database of professional expert witnesses for things like lost profit calculations, appraisals and other similar matters. These expert witnesses typically have a number of licenses or accreditations, and are extremely smooth and polished in court.
They tend to have
a broad range of knowledge and meet the legal requirements to testify as experts, but they lack intense industry-specific knowledge and can be expensive. In some instances, you may be better off hiring an expert who actually works in your industry, even if that person has never been an expert witness before.For example,
many of my small business clients are small to midsize manufacturers with five to 10 serious competitors in the world. Only a small number of people can testify about those industries without first undertaking significant research.While such true
industry experts are not as polished in court, they may be as good or better than professional expert witnesses, and much cheaper.Do you have an example of a time that a client helped identify an expert?
One case concerned the value of a rare, classic sports car. The client recommended a colleague to give an opinion on its value. The guy had never testified in court as an expert witness and was not a professional appraiser. However, he collected rare sports cars and held leadership roles in various organizations devoted to the sports car at issue. By contrast, the other side’s expert was a certified appraiser and a professional expert witness.
At trial, our expert performed brilliantly. At one point, the opposing lawyer tried to trip up our expert by asking him if the car at issue appeared in a famous movie from the 1960s. The expert said, ‘no,’ but then rattled off the make, model and year of the car in the movie. After that, it was pretty clear to everyone in the courtroom that this guy knew his stuff, and the court adopted our expert’s valuation. We probably would not have found this expert but for the client.
How can experts help before trial?
Many cases settle before trial, often on the strength of expert reports. For instance, I once represented an alcoholic beverage manufacturer in a case concerning whether a competitor abandoned one of its brands. The client recommended a colleague to evaluate the competitor’s business. The expert quickly determined that the competitor’s order history and regulatory actions showed that the competitor dropped the brand.
Even better, he reached these conclusions and prepared a report in a matter of hours, which led to a settlement. As a result, he helped bring the case to a prompt and inexpensive resolution.
Business clients are often reluctant to micromanage lawyers, but it’s important for business owners to understand that if you can suggest a good expert witness, do not hesitate to suggest that person to your lawyer. ●
Adam Waskowski is a Partner with Novack and Macey LLP. Reach him at (312) 419-6900 or [email protected]
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