Engaging Experts

Our guest, Dr. Nasser Heyrani, is a Harvard Fellowship-trained, board-certified orthopedic surgeon. He is a published contributor to numerous academic studies, a speaker at national conferences on stem cell regenerative therapies for orthopedic injuries, and an expert witness. Dr. Heyrani holds an MD from UCLA. 

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Orthopedics, like other medical fields, is rapidly advancing, and it is impossible to absorb every study, journal, and technique. While keeping current is crucial, Dr. Heyrani notes that there is a great deal of pressure to publish, creating a situation where experts need to be selective when choosing the best sources for enhancing their knowledge. 

Check out the full episode for our discussion on preliminary calls, changing technology, and breaking down complicated concepts for more understanding.

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 Our guest Glenn Bierman is the founder of Tycon Partners, a full-service management consulting advisory firm. He is an experienced expert witness with over 30 years of experience in a range of capital markets matters, both at trial and in alternative dispute resolution. 

A picture is worth a thousand words, and Mr. Bierman, a former kindergarten teacher, observes that visual aids are a boon to laypersons, whether children or adults. He prepares his own visual aids to quickly present information in a digestible manner and has had success in doing so. 

Check out the full episode for our discussion on experts in arbitration, billing, and double-checking your work.

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Our guest, Jonathan Klane, is the Senior Safety Editor for Lab Manager Magazine, where he writes about risk, persuasion, story science, and more. He is an experienced expert witness and a Ph.D. candidate in Human and Social Dimensions of Science and Technology at Arizona State University. 

According to Mr. Klane, humans have evolved to best understand and internalize data in the context of stories. Through this inane connection, expert witnesses can use storytelling to express their opinions to judges and juries more persuasively. 

Check out the whole episode for our discussion on effective communication, including metaphors, anecdotes, and the role of levity in court.

In this episode…
Our guest, Dr. Charles Parekh, is the managing director of NERA Economic Consulting, where he lends his experience in economics to high-stakes litigation, arbitration, and regulatory settings. He has over 20 years of expert witness experience and holds a PhD in public finance from New York University. 

The best engagements require that everyone is on the same page before getting started, which is why Dr. Parekh recommends carefully crafting engagement contracts. He cautions against working on contingencies, which can put experts in a financially tenuous position, as well as indemnity clauses, which may show a lack of good faith. 

Check out the entire episode for our discussion on the changing expert witness landscape, working in trial teams, and academia vs experience.

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Ms. Oyomba is the founder of VOE, a full-service marketing consultancy, specializing in social media strategy, thought leadership, and content creation. With over 15 years in advertising, she has helped propel a variety of clients ranging from Fortune 500 members to boutiques. Ms. Oyomba holds a master's in advertising from Syracuse University. 

LinkedIn is the primary social platform for expert witnesses to present their education, experience, and accomplishments. A complete profile is crucial, according to Ms. Oyomba, as LinkedIn’s algorithm is more likely to suggest posts and locate users with fully filled-in pages. From quality photographs to catchy, evocative taglines, attorneys are more likely to contact experts who put their best foot forward.  

Check out the entire episode for our discussion on LinkedIn’s privacy settings, SEO tips, and growing your network. 

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Our guest, Progressor Gregory Ogden, has over 40 years of teaching Civil Procedure, Administrative Law, Remedies, and Legal Ethics at Pepperdine University. He is a published author, consultant, and public speaker. Professor Ogden holds a JD from UC Davis. 

Expert witness reports are shaped partly by the venue. Professor Ogden works in California, where expert reports are seldom used, and in federal, where they are. He prefers to use them, as they clearly outline the topics that may come up during trial and require much less memorization. Professor Ogden works with his attorney to hone the report for content and style to ensure everyone is organized and prepared. 

Check out the full episode for topics including AI in expert witness work, the differences between consulting and testifying experts, and effective communication.

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Our guest, Professor Jorge Contreras, is an award-winning legal scholar and professor of law at the University of Utah. He teaches transactional law, which he practiced for over 17 years before teaching. Professor Contreras is a published author and sought-after expert witness and holds a JD from Harvard. 

While it is important to maintain solid communication and work with the engaging attorney during the report-writing process--be aware that some attorneys may try to nudge experts to write in a way that furthers their case, rather than present a neutral opinion. Professor Contreras recommends proactively questioning your attorney throughout the process.

Check out the entire episode for our discussion on report writing strategies, working as an expert in foreign courts, and the importance of building great relationships with hiring attorneys. 

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Today’s guest is James Lewis, owner of Total Transportation Training, LLC and Valley Automotive Consulting. He is a published author, public speaker, and expert witness with over 12,000 written opinions in 800 trials. Mr. Lewis holds a master’s in education from the University of Maryland. 

It is important for expert witnesses to develop a thick skin, and let the opposing side’s attacks roll off. After the first couple of cases, Mr. Lewis recalls the realization that cross-examination is not personal, rather, attorneys are simply representing their client to the best of their abilities. He notes “It took me a while to realize they were just doing their job. Their job [. . .] was to advocate for their client. No matter what area of expertise you choose to work as an expert, you have to understand that they're going to ask tough questions.”  

Check out the full episode for our other discussion topics, including taking retainers, credibility, and using technology.  

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Our guest, Keith Mallinson is the Founder and President of WiseHarbor, a wireless industry analysis and consulting firm. He is a writer and industry-leading authority in mobile communications, with over twenty years of expert witness experience. Mr. Mallinson holds an MBA from London Business School. 

The work of expert witnesses is important, and Mr. Mallinson considers the oft-maligned system of litigation in the United States to be essential. He considers the work of experts to be a bulwark against abuse, especially in the antitrust and IP areas of law. 

Listen to our full discussion for topics including working with different styles of attorney, engagement contracts, and coordinating with other expert witnesses.

Our guest, Dr. Ellen Leggett is the Founder and President of Leggett Jury Research, a national jury trial consultancy. An original advocate and developer of the psychology-based approach to working with juries, she is a well-published leading expert in her field. Dr. Leggett earned her master’s and doctoral degrees in psychology and education from Harvard University.

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Dr. Leggett works with experts to improve their performance in front of juries. She elaborates on her role, “What that involves is my reaction to their likeability, credibility, and ability to be persuasive. I become the first juror sitting in a session with the expert. I always say, ‘I'm your first juror and I have a doctorate from Harvard. If I don't understand what you're talking about, you've got no chance with the jury.’” 

Check out the complete episode for our discussion on empowering experts, jury perception, and the importance of practice.