Engaging Experts

In this episode…

Our guest, Mr. Gerry Christensen is the founder of Wireless Waypoint, a consulting firm specializing in wireless technology solutions, and Mind Commerce, an information technology and strategy firm. Additionally, he’s the Head of Partnerships and Regulatory Compliance at Caller ID Reputation, a technology-driven service company. Mr. Christensen is a sought-after expert witness and holds an MBA from Auburn. 

If you can’t take your emotions out of a case, you should decline, according to Mr. Christensen. Even without a traditional conflict of interest, it is important to be comfortable opining on a topic given the facts of the case and the framework established by the engaging attorney. Neutrality is key. 

Check out the full episode for our discussion on expert witness referral services, trying too hard to be helpful, and arbitration. 

In this episode… 

Today’s guest, Stanley Dubinsky, is the Co-Principal of ConflictAnalytiX, LLC, and Professor of Linguistics at the University of South Carolina. Through analyzing the meaning and structure of texts, he helps guide attorneys through the complexities arising from structured grammar and normative usages of language. Professor Dubinsky holds a PhD in Linguistics from Cornell.

Expert witnesses can fall into the trap of using excessive technical language to appear intelligent, according to Professor Dubinsky. He recommends writing as plainly as possible and reading your expert reports aloud to ensure that the language you write is both precise and understandable.

Check out the full episode for our discussion on giving away too much during initial calls, becoming a virtuoso in your field, and billable rates.

Our guest Steve Silverman is the President of Silverman Group, a consultancy that serves medical product companies on regulatory strategy and policy issues, and an expert consultant for NDA. Additionally, he has over two decades of experience in federal service, including senior roles at the FDA. Mr. Silverman holds a JD from the University of Pennsylvania.

In this episode…

Learning from your mistakes is crucial, according to Mr. Silverman. As a new expert witness, it is easy to jump into your first engagement relying solely on expertise, but doing your homework is just as important. He recommends a proactive approach—question your attorney before accepting an engagement to make sure expectations are clear. 

Check out the entire episode for our discussion on remote etiquette, billable research, and expertise as a trainable skill.

Today’s episode is a panel discussion on expert relationships. Our panelists are Mr. Jonathan Klane, Mr. Mike Favetta, and Dr. Elliot Fishman. 

Mr. Klane is the Senior Manager on the Safety Business Development Team at Draeger, a medical and safety technology firm. He is an experienced expert witness and a Ph.D. candidate in Human and Social Dimensions of Science and Technology at Arizona State University. 

Mr. Favetta is a meteorologist and the owner of WeatherPrep, LLC., a meteorology consulting firm. In addition to meteorology, his expertise spans climatology and the environment. Mr. Favetta has over 13 years of experience as an expert witness. He has a bachelor’s in Atmospheric Sciences and Meteorology from Keene University. 

Dr. Elliot Fishman is the founder and CEO of Astrina, Inc., an economist, and a sought-after expert witness. Dr. Fishman holds advanced degrees including an MBA from Wharton and a PhD from the University of Pennsylvania. 

In this episode…

As expert witnesses, the way in which we are perceived is a matter of how we present ourselves. While some areas of expertise are more casual, others require a buttoned-up, professional demeanor at all times. It is important to interact with our peers, engaging attorneys and fact-finders in a manner that fits both our profession and role as an expert. 

Listen to the entire episode as our panelists explore the relationships that expert witnesses will encounter. 

In this episode…

Our guest, Mark McKenna is a law professor at UCLA and a partner at Lex Lumina, LLP, a full-service law firm. He’s a sought-after IP expert with numerous publications and holds a JD from the University of Virginia. 

As both an expert witness, and an attorney who uses them, Professor McKenna has a unique perspective into both. He recommends staying vigilant as an expert, to avoid crossing over from expert opinions to legal opinions. If you have suggestions that may aid in trial strategy, work with your attorney outside of court to incorporate them where appropriate. 

Check out the full episode for our discussion on changing technology, international arbitration, and travel expenses.

In this episode…

Our guest, Professor Anna Kirkland, is the Kim Lane Scheppele Collegiate Professor of Women’s and Gender Studies at the University of Michigan. She is a published author with research focusing on the relationship between health and law, health insurance coverage for infertility, and the politics of health. Professor Kirkland holds a JD and a PhD in Jurisprudence and Social Policy. 

Writing expert reports is distinct from academic writing, according to Professor Kirkland. While scholarly journals assume an audience is familiar with the topic, expert witness reports must be clear, concise, and free from jargon. 

Check out the entire episode for our discussion on depositions vs. peer review, the meaning of expertise, and the boundaries of your niche. 

In this episode…

Today’s guest is Kevin Hensley, a partner at Barton Gilman where he practices as a trial and appellate attorney on a broad range of matters, including contracts, employment discrimination, indemnity, and more. A published author and frequent presenter, he has been recognized by Best Lawyers in America. Mr. Hensley holds a JD from Boston University. 

According to Mr. Hensley, attorneys prefer great communicators, not just a wealth of expertise. No matter how well-versed an expert witness is in their field, an expert’s ability to convey that knowledge effectively and efficiently to the factfinder is paramount. He uses initial phone calls to vet experts’ ability to communicate. 

Check out the entire episode for our discussion on experts that go above and beyond, keeping your cool, and preparation. 

In this episode…

Our guest, Dr. Seth Miller is the President of Heron Scientific, Inc., a consulting firm specializing in battery technology. He’s a prolific inventor with over 90 patents, numerous academic publications, and a sought-after expert witness. Dr. Miller holds a PhD in organic chemistry from Caltech. 

One of the most difficult moments for testifying expert witnesses is getting on the stand. Relax, your attorney can clean up any fumbles during cross-examination. Whether you miss-speak, or get tripped up by opposing counsel, Dr. Miller advises “trust in the redirect.”

Check out the entire episode for our discussion on rates, pre-trial caffeine, and travel expenses.

In this episode…

Today’s guest is Ms. Laura DuPriest, a licensed esthetician, manicurist, cosmetologist, and spa therapist. She is also an entrepreneur, published author, and expert witness with over 20 years of experience.

Zoom can be convenient, but Ms. DuPriest prefers in-person depositions and trials to avoid technical difficulties and better connect with the parties. With her experience in the beauty industry, she understands the impact of presence and notes that juries will size up experts based on their demeanor despite court instructions. 

Check out the full episode for our conversation on travel billing, the importance of expert witnesses to fair defenses, and forming a concise opinion.

In this episode…

Michael Maxwell is the Managing Partner of Maxwell and Partners, LLC, a firm specializing in complex real estate litigation matters. He is a sought-after expert witness with over three decades of experience and a former professor at Nova Southeastern University. Cases are as unique as individuals, according to Mr. Maxwell. While there are similarities, he treats each engagement as a new experience, without bringing in the baggage of pre-conceptions. He views each outing with a fresh perspective, which allows him to maintain a thoughtful demeanor and an open mind and develop more effective expert opinions. 

Check out the entire episode for our discussion on the expert-attorney relationship, using demonstratives, and enjoying the challenge.