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Jason D Koontz, CRC Opinions for All

Biggest Mistakes Expert Witnesses Make and How to Avoid Them

7/25/2020

6 Comments

 
An expert witness can assist an attorney before a deposition or trial.  An expert can help an attorney understand the issues and if standard industry practices were followed.  The expert has specialized knowledge, experience, training, and skill that qualifies them to form opinions for a case to assist with the litigation and preparation for trial. However, the court must find the expert’s qualification sufficient and the opinions relevant to the case to allow them in the court.
It is essential to understand that an expert witness can only offer opinion testimony, which distinguishes them from fact witnesses. So, the opinions given by the expert will be considered opinion evidence rather than factual evidence.

Here are some common mistakes expert witnesses are often guilty of making which can render their opinion not as helpful to the case as it could have been:

Relying Completely on The Information Given by The Lawyer

An expert witness should ask for a written agreement that defines the scope of the case as well as the purpose of engagement for the expert. Even with a written agreement in place, the expert should avoid accepting the lawyer’s words blindly regarding the critical aspects of the project and research everything thoroughly before agreeing to testify. This will ensure that there is no bias coloring the testimony of the witness, and the attorney doesn’t mold or restrict the expert’s work to present a favorable opinion.

Forgetting That They Are an Advocate Only for Their Opinions and Not for The Case Itself

Expert witnesses, much like fact witnesses, should make sure the testimony and opinion therein are true, to the point, and sincere. The witness must be objective and should only let their training, education, and experience guide their opinions. They should focus on the research and facts to form their opinions, even if they are not exactly what the client or lawyer wants. It is the lawyer’s job to advocate the case and take sides. If the expert tries to fit the opinions with the objective or goals of the lawyer’s case, they risk losing their credibility.
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Trying to Sound Like the Ultimate Expert on Everything

Less is always more, and that is also true when forming an opinion as an expert witness. An expert should always be careful about the information they are sharing, what they put in writing, and especially coloring facts with personal bias. They should also be aware of the danger of trying to sound like the ultimate expert.

Even experienced lawyers and people who have been offering services as experts avoid acting superior and talking down to others. Keeping an open mind and being sincere is essential. It is also essential to consider the advice and guidance of older and wiser attorneys and experts in the field. Remember, you don’t know everything, nor do you have the same experience as others, so make sure you have argued all sides before making up your mind about a particular aspect of the case.

Find Banking Expert Services for Your Case in New York

Jason Koontz, CRC, is a former Senior Vice President and has over 20 years of experience in the banking sector. He is an independent expert and offers his expert witness consulting services to lawyers in New York. He has served as an expert and litigation support specialist on over 150 cases on a broad range of banking and real estate matters, including lender liability, commercial loans, debt collection, predatory lending, and more.

Contact him today by calling at (646) 397 – 3835 or connect with him via email at [email protected]

Disclaimer: This blog is for informational and educational purposes only, does not constitute professional advice. I’m not liable or responsible for any damages resulting from or related to your use of this information.
6 Comments
Taylor Hicken link
11/23/2020 02:17:05 am

You made a good point when you mentioned hiring an expert witness who has specialized knowledge in the specific area to assist the lawyer to understand the issues. It is very important to make sure that the witness has sufficient qualification that is relevant to the case. I would like to think if a lawyer is working on a liability case, he should consider hiring an expert witness who is qualified in the area.

Reply
Adam Golightly link
7/9/2021 09:30:14 am

I can see how a business could really benefit from getting an expert witness for their case on their building in order to be better. Making sure that they can give the best witness possible could allow them to be more effective. It was interesting to learn about how they should have the right kind of engagement for an expert with a written agreement that can define the scope of the case.

Reply
Thomas Clarence link
7/9/2021 12:48:08 pm

I thought it was interesting when you explained that an expert witness can assist attorneys during a trial. If a court case involves some kind of industrial company or something similar, it seems like an expert witness would be really important. The industrial expert would be able to help the lawyer understand difficult terminology.

Reply
Eli Richardson link
5/5/2023 07:28:01 am

Recently, my aunt started a legal process to get compensated for what she's suffered and to make sure that the accused is put to jail. That's why I think she'd benefit from reading your insight about expert witnesses and how to identify one that could put your case at risk. Thanks for explaining that expert witnesses should be careful when sharing information.

Reply
Z Philosophy link
1/12/2024 07:00:14 pm

First time reading this blog thanks for sharing

Reply
Norman Gay Asians link
10/17/2024 01:34:03 am

Grreat reading your post

Reply



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    Jason D Koontz

    Jason Koontz is a former bank Senior VP.  He now serves as an expert witness in banking & real estate matters across the United States..

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Jason D Koontz Expert Witness and Consultant Charleston, WV

Jason D Koontz
Expert WItness & Consultant

(646) 397 - 3835
Email: [email protected]
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