EXPERT TESTIMONY: THE KEY TO WINNING COMPLEX LITIGATION
CD: Could you explain the primary role of an expert witness in complex litigation?
Boedeker: While providing testimony in an economic damages case, it is important to explain the link between the defendant’s action and the plaintiff’s injuries by establishing facts, causation and present credible damages models. By providing specialised knowledge to help clarify technical and complex issues for the judge and the jury, expert testimony can lend credibility to a party’s arguments and play a crucial role in persuading the trier of fact.
Buchan: It is important to remember that the primary role of an expert witness goes beyond the presentation of specialised knowledge on damages or technical issues. It involves rigorously analysing data and underlying assumptions to deliver an objective, defensible opinion that withstands scrutiny. An expert’s ability to present their analysis with clarity and objectivity can significantly influence the strategic direction of the case, including settlement discussions. By offering a balanced and well-reasoned perspective, experts help ensure that the legal arguments are grounded in rigorous, fact-based analysis, ultimately aiding in the fair and just resolution of the case.
CD: What factors should be considered when selecting an expert witness?
Boedeker: The technical expertise of the expert is an important necessary requirement. In addition, a proven track record in the litigation setting is an additional asset. Communication skills and demeanour, such as composure and a calm presentation style, but also the ability to connect with the jury by avoiding technical jargon, are important soft skills. For the attorneys retaining an expert, it is also important to consider how the expert fits into their team, and ultimately cost considerations are often a factor as well.
Jan-Mar 2025 issue
StoneTurn