The Expert Expert
The Path to Prosperity and Prominence as an Expert Witness
by
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For those of a metaphorical turn of mind, a lawsuit might be likened to a tropical archipelago, the various personalities, players and witnesses littering the seascape resembling the isles and islets of the island group. Judge Island predominates and Attorney Island is quite prominent. Others like Plaintiff Island and Defendant Island are of great interest as are the varying Witness Islands. The Islands, of course, are of greatly differing size, shape, features and temperaments. Moreover, in most trials in the current day, there will appear one or more Expert Islands that are of undeniable intrigue and influence. Thus, a penetrating analysis of the law case and, in particular, the interplay between medical expert witnesses and attorneys can be meaningfully (if perhaps a little whimsically) thought of as a “trip to the islands.” The process evaluates the strengths and weaknesses of each island. It develops preferences. It discerns the high and low points of each, the pretty places and the pedestrian. It has been wisely said that one of the goals of the trial attorney in respect of expert witnesses is to get them off of Expert Island (where they are difficult to attack) and onto Attorney Island where the terrain is more favorable. On Expert Island, the medical expert is confident of the lay of the land and knows intimately every geographical feature. But for the medical expert, Attorney Island has perilous and unmarked curves and dark, back alleys that are fraught with danger. The attorney’s job is to entice, or if necessary drag involuntarily, the medical expert onto Attorney Island where the effect of his/her testimony can most effectively be called into question and impeached. The expert’s strategy is to stay on Expert Island, which is home, where the culture is favorable and which is the great repository of professional knowledge and experience. The hallmarks of effective and persuasive expert testimony are credibility, consistency and cogency. The attorney will attack these strongpoints and endeavor to reduce them one by one.
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About the Book
Experts occupy a unique position in the litigation process. The law and the courts give them automatic authority and credibility at the outset. But the greatest challenge for experts as they navigate the court process is to preserve that high level of credibility going forward. In The Expert Expert, author Douglas L. Field presents detailed information to help an expert professional become an effective witness—and keep intact one’s reputation as a capable and credible expert witness.
Geared toward physicians, architects, accountants, engineers, and many other professionals, The Expert Expert contains a comprehensive discussion of all aspects of professional expert witness practice—from the history of experts in court to current practices. It discusses how to
• understand the anatomy of a tort case;
• write a good expert report;
• contend with contention;
• deal with the opposing attorneys’ questions;
• give a good deposition;
• succeed at trails;
• avoid common pitfalls;
• ensure getting selected;
• deal effectively with social media; and
• handle financial and money issues.
Including helpful and meaningful illustrations, The Expert Expert offers everything that either the veteran or aspiring expert needs to attain and maintain success as a professional expert witness.
About the Author
Douglas L. Field completed law school at the University of California–Davis. He practiced civil law and retired in 2011 from Farmers Insurance Exchange. Field presents seminars and workshops for expert witnesses. He also serves as judge pro tempore in Superior Court. He and his wife, Sandra, have two grown children and four grandchildren. He divides his time between Danville and Woodbridge, California.