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How to Be an Expert Witness: Credibility in Oral Testimony

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When I was a portfolio manager at Sun Banks in Miami Florida one of our good clients, a Probate Litigation Attorney, went to senior management and asked if a bank investment professional could help him on a case. I was assigned to the project. This was my first exposure to the area of Litigation Support or serving as an Expert Witness. At the time I wanted to find a reference guide on what my responsibilities would be; the nature of the work; what should I expect. The local law schools had nothing. The library, nothing. Fortunately I was engaged by a good attorney who could walk me through the process. Almost ten years later, I am still doing expert work as an independent and even placing other experts in fields unrelated to my own. With the need to maintain both my skills and to train our beginners, I turned to the computer and screened for "expert witness" on the Amazon catalogue. To my surprise, 59 items came up. After deleting the fiction titles (mainly mysteries) we were left with 45 titles. After removing the books dedicated to specific expertises (Accounting, Engineering, Medicine, Psychology, Toxicology, etc.) we were left eight titles that addressed the general subject. "How to be an Expert Witness - Credibility in Oral Testimony" by Dennis G. Merenbach, ESQ and Anthony Stephen ESQ was the shortest (61 pages) and least expensive book on this screen. The book is a quick read. It has two chapters, eight sub-chapters, comic drawing and concludes with 16 "points to remember". It is not deep. The authors in the preface say, "This book is not a primer on the law of evidence. The information contained herein serves as a set of reminders to persons who may be called upon to function as expert witnesses in a courtroom, arbitration, or some type of administrative hearing." The potential expert is encouraged by the authors to take the book to court with them as an instruction guide. "Important reminders are highlighted in bold type." While no topic is covered in detail, some are useful introductions to the novice witness. The distinction between types of questions: Narrative Answers, Leading Questions, and Hypothetical Questions was useful. The difference in question structure between direct and cross examination also useful as is the Impeachment discussion. The warning on "Coaching" is important. Other items such as "Reminder No. 6, Abstain from drinking alcohol or taking tranquilizers before going to the court or hearing" or "Reminder No. 1 Dress in Good Taste" are just filler. The emphasis of the book is on oral testimony with little or no reference to the actual work of doing analysis, helping prepare a case, construction of displays, etc. Had I had this book on my first assignment it would have been helpful. It is not a stand alone handbook for the testifying expert. There are other excellent books online for that. But for the professional (either scientist or carpenter) who knows their field , has prepare a good case with a good attorney and is still apprehensive about facing a deposition for the first time, "How to Be an Expert Witness" is useful preparation. It is the type of book that litigators should hand out to their first timers and then follow-up (as the authors suggest) with a more specific trial plan.

Sixty well-sectioned pages, quick enough of a read for anyone preparing for court. Part 1 discusses the usual trick questions that come up on cross and how to answer them. Explains different types of questions, what is/is not allowed during direct and cross examination --things your lawyer should explain but all too often these days might not.

Part 2 describes the role of the witness (a good focal point in a storm), "how to be" with the cross examiner (and how not to be!), and how to present the evidence. Also includes a few thoughts to take heart by, such as: if you are made to appear to suffer, it can only enhance your credibility.

Read this before taking the stand and don't be afraid. The back cover says, "If the opposing counsel asks if you have been given instructions or advice on how to testify, tell him 'Yes,' that the instructions are in writing, and that you have them with you. Produce this book and show it to the court or hearing officer."

This might be somewhat useful for someone wanting to know what an expert witness is and what he does. However, for an actual (potential) expert witness, it is rather weak. The advice is all good, but too generic to be very useful. It is a very short book, which makes it an extremely quick read. I would recommend "The Expert Witness Handbook" instead (which is on my bookshelf).