Understanding the Fundamentals of Writing an Expert Witness Report

The expert report is a cornerstone of your contribution to the case. It is the primary written piece of work, just as your testimony in deposition or court is the primary verbal piece of work. Before writing your expert report, you will spend time researching, explaining, listening, and meeting. Everything you write down will become the subject of interrogation or discussion.
Realize that some attorneys may use your writings long after a case ends. Bright attorneys will frequently look to the records of your previous cases to see what you have said, how you have said it, and what mistakes you may have made. These writings will guide them to whether you may be an suitable witness for them to engage. Then again, they can research your previous statements to use against you. They may look at the way you wrote something, or if what you wrote previously relates to a current opinion that you’re expressing in a new case. Be alert to whether a new case you’ve accepted leads to an opinion that differs from one you may have expressed in a previous case. An industrious attorney will probably find out any differences and call you on them.
Your expert report will need to meet legal standards. It should be organized, easy to read, professional, and effective. Depending on the complexity of the case, you will have one or more opinions about the subject of the case. You should precede your opinions with your background and accomplishments to describe who you are and why you are qualified to present those opinions.
Precisely express your opinions. Explicitly list the information you considered while coming to your opinions, and show which pieces of facts directly support those opinions. describe exactly what steps you followed and/or what technical methodologies you used as the basis for the conclusions you reached. include required extra facts, such as your contact data and your fee schedule.

Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. In 2010, his book “Expert Witness Training” was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com

For more information: http://www.icc-cpi.int Situation: The Republic of Kenya Case: The Prosecutor v. William Samoei Ruto and Joshua Arap Sang This issue of …

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