Are you preparing an expert witness for an upcoming court case? Understand that it takes time to find the right expert and to prepare them for your case. Because they are specialized in their field or on a particular topic, they may be challenging to handle. Couple that with your expertise and familiarity with the case, and the interaction could be challenging. Remember why you?ve hired them – to offer their insight and experience that can ultimately help or hinder your case.

Begin by asking why you need an expert to testify.

There are a variety of reasons to request an expert witness to testify. These include clarifying or explaining a complex portion of the case for the jury, requirement of the law depending on the jurisdiction, or an expert to oppose another expert witness. Forensic experts are perhaps the most commonly seen not only on television shows but also cases like the Casey Anthony or OJ Simpson trials where evidence needs to be explained in a way the jury can understand.

Once an expert has been hired, address the key reasons they are needed for the case.

You?re the attorney so you know the case best. You know why the witness was hired so you can focus them on that portion of the strategy whether that?s the cause of death for Caylee Anthony, OJ?s leather glove, or something else. That way your legal team can make the most of preparing an expert witness, including requesting that they begin developing their testimony. Oftentimes witness prep time is limited so it?s important to focus them right from the start.

Let the expert give the tough testimony.

Preserve your relationship with your client by letting the expert talk about unfavorable portions of the case rather than you. That will maintain the trust you?ve developed with your client which is especially important if they are also one of the witnesses taking the stand. Rogue witnesses or clients are only good for plot points on television or in the movies. In real life, they can screw up a case and make your job a lot more challenging.

Preparing an expert witness is about what they say, not necessarily how they say it.

Some experts have the false impression that they need to sound a certain way to be taken seriously and that?s not true. They simply have to offer their expertise to support your client?s case. Jurors tend not to play well with experts who are arrogant, for example, and tend to connect more with folks who are like them. Take that into consideration when you hire an expert.

As with any other witness, remind them that it is okay to ask for clarification or to say they don?t know the answer. They?re people just like us and the jury will appreciate the honesty. Preparing an expert witness, or any witness, takes time and effort from the legal team but it is worth it when the case ends in favor of your Phoenix client.

Do you remember your first court appearance as an attorney? If you were nervous, had questions, and wanted to understand what would happen, you?re a lot like a first-time deponent.

It can be quite intimidating entering a room with attorney(s) and a Phoenix court reporter. To get the best from your deponent, prepare them prior to deposition day.

Tell them why they have been called.

Begin by explaining they have been called as part of the discovery process and they are a potential witness. In Arizona, they are allowed to be called only once for a maximum of four hours unless agreed to by parties or ordered by the court. Let them know if you expect it to be a four hour or longer event so they can properly prepare.

If they?re called as an expert witness for the plaintiff as part of a pre-trial motion, and the testimony doesn?t support the plaintiff?s claims, the defense can use the deposition to get out on summary judgment and avoid a full trial. That?s why the next point is so important.

Tell the truth.

While a deposition takes place outside the courtroom, it is important to tell the truth as they know it. Your first-time deponent should be reminded that they are under oath and need to tell the truth. If not, their deposition could be used against them at trial. In cases where an attorney suspects lying, they may even opt to hire a legal videographer. A lying witness on video plays differently with a jury than simply reading a transcript.

Ask for clarification.

If the deponent is unsure of what they?re being asked, they need to know it is okay to ask for clarification. If they can answer with a simple yes or no, they should do so. If asked, ?Can you tell me what time that event took place?? Reply yes or no. It?s not that you want them to be a hostile witness, they have to answer exactly what they?re asked. As an attorney, rephrase the question to, ?What time did the event take place?? Then the witness can provide a more detailed answer.

It?s okay if you don?t know the answer.?

The discovery process is just that – a time to discover and understand what witnesses know about the event in question. Advise the deponent that, ?I don?t know,? is a perfectly acceptable answer as long as it is the truth.

Being a first-time deponent can be intimidating but with the right guidance and listening to what is asked, they can give an accurate account of events to best of their recollection.