What is an expert witness? It is a qualified person that explains a complex situation to lay persons in terms that can convey the situation in a clear and concise manner.

The first issue to determine with an expert witness is whether you even need one. You cannot retain and use an expert in just any old situation. Instead, they are usually only allowed when it is determined there is a situation that is complex and beyond the purview of most lay people.

In such a situation, the courts have ruled it is advisable to bring in a professional from the field in question. This person must be determined to be an expert based upon things such as education history, membership in groups and associations, history of work in the field and so on. The parties in a lawsuit will often attack these areas of the opposing witness, so it is vital to make sure your expert has the background to support the designation.

Once a person is determined to be an expert, they are tasked with reviewing the available evidence in the case. Based upon this review, they then issue their opinions regarding the matters at hand. These opinions are first presented at a deposition during the discovery phase of a case and subsequently at the actual trial should things move forward to that point.

At trial, the jury is going to hear from experts on the issues for each side of the dispute. They must then determine which expert is more convincing. This means you need to retain experts that are not only qualified to render an opinion, but one that can do it in a convincing manner. Doing so with visual aids and such is also recommended.

Importantly, an expert witness must form their opinion independently. They should not be parroting what an attorney tells them his or her view is. Most parties will actually hire an expert witness as a mere consultant first to find out what their opinion is before committing to them. This helps avoid unfortunate situations where your expert witness ends up agreeing with the opposing party!

Aazdak Alisimo writes about issues surrounding psychiatric expert witness testimony in trial for PsychiatricExpertWitness.com.