Finding Holes in the Armor: Researching Expert Witnesses

Welcome to the August 2019 edition of our newsletter!  In this issue, we’ll examine how to research an expert witness, whether for your client or their opponent, and identify vulnerabilities in their background.

On the Record About Their Record: Finding Conflicts and Other Concerns

An expert witness is presented to the court as precisely that: an expert whose opinion in their given field of study is meant, by definition, to carry profound relevance.    Whether an architect, insolvency expert or in another field, the educational and professional background is meant, by the side who hires them, to be sacrosanct.

This notion, however, does not always fit with reality.  Sometimes an expert will embellish (or, more rarely, fabricate altogether) a degree, organizational affiliation, or license they claim to hold.  These can be verified fairly easily, with a call to a school registrar or state licensing board, or a check of an association’s membership directory (if that is made available to the public.)

Often, but not always, such experts have also testified previously. This testimony can prove valuable if a prior position contradicts their current stance, or if they were sanctioned by the court for their testimony, or had their analysis otherwise called into question by an impartial body such as a judge or jury.

Finally, a thorough background investigation consisting of public records analysis – and interviews if appropriate – can flesh out the picture further.  Does the expert have a history of changing jobs frequently, which could call into question their reliability?  Do they have any outside business relationships, or familial / spousal relationships, that could pose a conflict of interest or color their testimony beyond straightforward expert analysis?

Addressing each of these areas could help you identify and assess weak points about the expert or their testimony, and would also act as a good guideline for evaluating an expert before you hire them as well.    Skepticism of claims made and the background of the person making them is an effective mindset when seeking to undermine the credibility of an expert who is across the table from you in a conflict.