The following guidelines will help the expert prepare for direct examination:

1. During the trial, the expert should be aware of the importance of careful testimony, particularly the hazard of inconsistent testimony between the previous testimony (e.g., grand jury, deposition) and the trial.
2. The expert is admonished to tell the truth and prepare for trial testimony by reviewing the facts of the case and the work the expert performed.
3. The expert should never lose his temper while testifying. The expert should always speak slowly, clearly and naturally.
4. The expert should not memorize testimony, opinions or conclusions.
5. Exaggeration, underestimation and overestimation are all indications of an unwary and ill-prepared witness.
6. The expert must translate technical terms into common and understandable language at every opportunity.
7. The expert should be careful in demeanor and behavior before, during and after testimony.
8. The expert should review clothing and posture with the sponsoring attorney before trial.
9. The expert's assistance during trial may mean the difference between success and failure. A court order may be necessary to allow the expert to remain in a court or hearing room during trial, if either side has sought to exclude witnesses.
10. If the expert continually passes notes and confers with the attorney, the case will appear weak to the fact finder. It is better for the expert to take notes and confer discreetly with the attorney during recess.
11. At all costs, the expert must be viewed as a professional interested in a factual presentation and not as an advocate for either side.
12. Courtroom devices that make testimony more effective should be used. Lapel microphones, overhead projectors and telescoping pointers allow comfortable movement and clear presentation.
13. Psychological elements of persuasion, voice tone and quality, body language, repetition, dress, demeanor and similar factors all help to develop testimonial skill and effectiveness.
14. The expert should avoid being an all-purpose expert. Tribunals and the court system lose confidence in the expert who seems to know everything about everything.

Back Forward