Engaging Experts

In this episode... 

Our guest, David Smith is the president of Alpine Engineering and Design, Inc., a mechanical engineering firm specializing in product design and development. He is a licensed safety professional, professional engineer, and has been awarded numerous patents. Mr. Smith is an experienced product liability and patent expert witness, and holds an MBA and MS in mechanical engineering from BYU. 

Between trials and depositions, the latter can be a lot tougher, according to Mr. Smith. With no judge present to mediate, moments can become heated with table-slamming, interruptions, and off-hand comments. While not all depositions are hostile, Mr. Smith recommends knowing the case, being confident in your expertise, and relying on empirical data to prepare. 

Check out the full episode for our discussion on using visual aids, the importance of credibility, and building relationships. 

In this episode…

Our guest, Sameer Somal, is the CEO of Blue Ocean Global Technology, an online reputation management firm, and Girl Power Talk and Girl Power USA, a 501(c)(3) nonprofit social enterprise dedicated to empowering women leaders in developing economies. He is a published author and expert in economic damages, IP, and Internet defamation. Mr. Somal holds CPA, CFP, and CAIA certifications. 

According to Mr. Somal, experts should take a proactive role in creating and fostering relationships with expert witnesses and attorneys. Relationships are foundational to lead generation, expertise maintenance, and a productive working environment. With a support network of peers, it is easier to navigate the inevitable obstacles even experienced experts encounter. 

Check out the entire episode for our discussion on challenging depositions, collaboration, and lessons from Lincoln.

In this episode…

Our guest, Dr. Jeffrey Miller, is the Dean of Engineering and Computational Sciences at Southern Utah University. He’s a sought-after expert witness with expertise in point-of-sale systems, driverless vehicles, trade secrets, and software. Dr. Miller holds a PhD in Computer Science from the University of Southern California.

According to Dr. Miller, initial phone calls will not always reveal the intricacies of the case. Beyond competence in your field, the hiring attorney is considering your demeanor, whether you will mesh as a team, and whether your opinion will be useful in obtaining a favorable judgment for the client. A confident, professional presentation is as important as subject-matter expertise. 

Check out the full episode for our discussion on assistants to experts, Zoom demeanor, and being unafraid to say, “I don’t know.”

In this episode… 

Our guest, Michael LeRoy, is the President of Crown Capital Advisors, LLC, an investment banking, and financial consulting firm. His specialties include corporate governance, damage calculations, mergers, and acquisitions, and more. Mr. LeRoy holds an MBA in finance from USC.  

Judges have diverse backgrounds and skill levels, according to Mr. LeRoy. Whether in front of the SEC, state court, or even an ex-judge arbitrator, it is important to be ready for the varied styles you might encounter. Prepare, so you are not thrown off by particularly aggressive or lay judges.  

Check out the entire episode for our discussion about working in arbitration and the importance of solid visual aids. 

In this episode . . .

Today’s guest is Kathryn Arnold, a film production veteran and expert witness with a full-service consulting practice. With specialties ranging from economic damage to distribution, she has worked on over eighty-five cases and has over 20 years of expertise. Once you have established yourself as a respected expert witness in your field, your name carries a good deal of weight. As your name alone might drive a case toward a settlement, Ms. Arnold advises building a significant, non-refundable retainer into your engagement contracts. You have spent significant time and money to become—and remain—at the top of your field, so make sure you are compensated. 

Check out the full episode for our discussion on gender disparity in actions, expert teams, and the importance of independent research.

In this episode... 

What makes expert witnessing feel like intellectual sport? Thad McIlroy, veteran AI, marketing, and social media expert witness, reveals the strategic art of testimony that's kept him engaged through three decades of complex cases.

McIlroy, describes the fascinating contrast between expert witnessing's formal structure and its underlying competitive nature—"the ultimate jousting" with words as weapons. For an accomplished author who's published or contributed to over 18 books and 500 articles, this verbal sparring represents the perfect intersection of intellectual challenge and professional application.

The conversation explores AI's double-edged role in expert witnessing. While acknowledging the technology's "hallucination problem" and potential pitfalls, McElroy advocates exploring its positive applications, particularly for research. This balanced perspective offers practical wisdom for experts navigating new technologies without compromising their testimony's integrity. His approach to AI mirrors his broader philosophy: identify risks clearly, then focus on beneficial applications with appropriate safeguards.

Beyond technical aspects, McIlroy shares candid insights about the expert-attorney relationship. He emphasizes establishing clear financial terms (always require retainers), maintaining professional boundaries while building rapport over multi-year cases, and recognizing when attorneys cut corners on crucial preparation. His practical advice about handling aggressive opposing counsel and thorough deposition preparation reveals the interpersonal dynamics that can make or break expert testimony.

For anyone considering expert witnessing or looking to enhance their practice, McIlroy offers compelling reasons to embrace this challenging role, practical strategies for success, and a realistic picture of both rewards and challenges. His journey demonstrates how specialized knowledge combined with strategic communication creates testimony that withstands scrutiny and serves the legal process effectively.

Listen and discover why after three decades, this expert witness still approaches each case with the same meticulous preparation and professional standards that have defined his distinguished career.

In this episode…
Our guest, Mr. Richard Leisner, is a senior corporate and securities transactional attorney at Trenham Law and an expert witness in high-stakes business litigation and legal malpractice actions. He has been included in Tampa Magazine's Top Lawyers List and is a published author. Mr. Leisner holds a JD from the University of Pennsylvania.

During cross-examination, while getting into the rhythm of answering questions, the opposing counsel can trick you if you aren’t careful. Mr. Leisner recommends processing each question as it comes, making sure you fully understand it before answering—or asking for clarification when you don’t. Good lawyers will prepare experts for this tactic, but it is important to remain thoughtful, without slipping into automatic answering. 

Check out the episode for our full discussion, including hourly engagements, tracking your opinions over time, and personal conflicts.

In this episode…
Our guest, Gregory Herman-Giddens, is a trust estate and tax attorney, president of the Trust Council law firm, and President of Trust Protector, LLC, which provides trust protector services domestically and abroad. Additionally, Mr. Herman-Giddens is an experienced expert witness and holds a JD from Tulane.

Most experts in the trusts field are attorneys as well, while the retaining attorney may not be a trusts expert, according to Mr. Herman-Giddens. This presents an opportunity for the expert to help “pick apart” the opposing side’s arguments in pleadings. Attorneys appreciate experts who leverage their expertise to find these opportunities in this manner. 

Check out the entire episode for our discussion on billing, working in different states, and work-life balance.

In this episode…

 Our guest, Jon Bond is the chief ‘tomorrowist’ at Tomorro LLC (stylized TOMORRO\\\), a virtual holding company that operates as a consultancy. With over 40 years of experience in direct marketing, Mr. Bond is a sought-after expert witness, specializing in misleading/deceptive marketing practices, telemarketing, and call centers. 

Communicating with a jury is a lot like pitching in the advertising world. It is crucial to communicate your opinion in a way that is easily understood by the audience, in a concise but thorough manner. While most do not have Mr. Bond’s background, everyone has purchased a product or service based on advertising, and the parallel to jurors is intuitive. 

Check out the entire episode for our discussion on expert expectations, storytelling, and more.

In this episode… 

Our guest, Mr. Robert Borders is a longtime marketing consultant with Optimal Business Solutions, where he specializes in customer interactions and process efficiency in all aspects of direct marketing. He has assisted customers in a broad range of industries, ranging from entertainment to healthcare, and beyond. Mr. Borders is an experienced expert witness, with over 30 years of experience. 

Experts have the opportunity to aid in the discovery process, because they possess industry experience “beyond the ken” of laypersons, according to Mr. Borders. Attorneys do not always know what they don’t know, and therefore, may have missed an opportunity to discover evidence that the case may turn on.