Christine Funk, J.D., is a dual-qualified criminal defense attorney and forensic science consultant who has trained lawyers, judges, and law enforcement across three continents in various forensic science disciplines.
If you have a case involving expert witnesses or the potential for expert testimony, it is never too soon to consider challenging the opponent’s expert under Daubert. There are both legal and strategic advantages to Daubert challenges. The Daubert Standard Generally As a preliminary matter, a brief explanation of the Daubert standard is in order.
Posted on February 13, 2018 in Daubert & Frye & Evidence Rules
If you are using an expert in your case, you may or may not, be required to disclose the witness. However, the rules for disclosure of expert witnesses differ depending on the type of expert you elect to retain. Because of this variation, it is a good idea to put some thought into what
Posted on February 27, 2018 in Expert Witness & Daubert & Frye
Cross examining expert witnesses can be daunting. After all, you are challenging someone who has made their career understanding the topic. You should spend a considerable amount of time preparing cross examination questions with your own expert’s help before attempting to challenge the others side’s expert. If you’ve selected a winning expert witness, then they
Posted on April 3, 2018 in Reports & Testimony & Depositions & Exams & Expert Witness
Depending on the jurisdiction and the nature of the case, the methods employed for the discovery of expert witnesses may include interrogatories, depositions, informal meetings, phone calls, or email exchanges. But before you get to discovery, you must determine whether your expert’s identity needs to be disclosed and — if you choose to disclose your
Posted on May 15, 2018 in Expert Witness & Discovery Tools & Evidence Rules
When an attorney is working with an expert witness who has not testified before, either in a deposition or at trial, there are a few areas of consideration an attorney should be particularly mindful of. While some of the suggestions below may seem obvious, all of the situations discussed below have actually happened with attorneys
Posted on June 28, 2018 in Expert Witness & Reports & Testimony & Trial Prep
When offering the testimony of an expert witness, trial attorneys often make the mistake of presenting experts as they would any other witness. But experts aren’t just like any other witness.
Posted on July 26, 2018 in Reports & Testimony & Expert Witness
Cross examination of an expert can feel like a daunting task. Not only are you asking direct, pointed questions, sometimes specifically designed to discredit or call into question a witness’ opinion, you are doing so to someone who’s expertise in a given area far exceeds your own. Even with a month of undivided preparation time,
Posted on September 20, 2018 in Reports & Testimony & Expert Witness
Expert-backed affidavits streamline medical malpractice claims, ensuring validity and reducing frivolous lawsuits.
Posted on January 25, 2018 in Medical Malpractice & Expert Witness
If you have a case involving forensic science, it’s a good idea to hire a forensic expert witness. However, before you go out and hire the first forensic scientist you find in the relevant field, consider why you are hiring a forensic expert witness. Reasons to hire a forensic expert include the following: Gathering background
Posted on February 15, 2018 in Expert Witness & Selection & Vetting & Daubert & Frye
Effective deposition of expert witnesses requires strategy and preparation. Key tactics include challenging evidence integrity, the expert’s competence, their conclusions, and the reliability of the lab.
Posted on February 20, 2018 in Reports & Testimony & Depositions & Exams & Expert Witness