When is Expert Witness Testimony Relevant?

Attorneys often turn to expert witnesses to help demonstrate and provide foundation for the factual bases for their clients’ claims or defenses. An expert is someone who knows something beyond common experience, who can help your legal team to prove information you could not. Their "expertise" in the field - their background and experience - qualifies them to present nuisances and facts that could be pertinent to your case. 

Though it may seem like a valuable advantage at trial, expert witness testimony is not appropriate in every case. So when is expert witness testimony relevant? 

First, when determining if you need an expert witness, ask yourself if your case would benefit from specific knowledge or facts that only a hired witness could contribute. This could include the scope of a complicated banking case or even a big picture question that needs to have detail to accurately explain the issue to the judge or jury. When dealing with financial institutions and banking cases in particular, the content of the subject matter can quickly become quite difficult to understand. 

There is general agreement that an expert should be involved in a case as early as possible: in technical analysis, preparing for deposition, during discovery, analyzing documents in settlement and mediation discussions, and summing up complex facts for jurors. 

Keep in mind that one expert witness is often better than two or more. The more opinions, the higher the possibility for inconsistencies in testimony. The quality of the expert witness testimony is key, not quantity.

Preparing Your Expert Witness for Trial

One of the worst things an expert witness can do on the stand is to seem unprepared. Once the jury feels that a witness is unprepared, it is very difficult to repair confidence in that expert. However, being prepared isn't only about knowing the facts of the case and being able to respond appropriately.  

There are a number of considerations outside of the substance of witness testimony – such as appearance, demeanor, and word choice – that can and will have an influence on the jury.

Your expert’s testimony may be at the crux of evidence presented at trial and if they don't come across as a skilled, confident orator, your case could live and die based upon their performance alone. 

It can be easy to overlook the fact that experts are not attorneys, and as such may not be naturally comfortable in a courtroom environment. In order to best help your bank expert witness, we've prepared some references to review in preparation for trial. 

1. Maintain eye contact with the jury. This is one of the most important aspects of testimony presentation and keeping the jury engaged.
2. Keep hand motions to a minimum unless necessary for demonstration.
3. Maintain an even and consistent projecting volume when speaking to the jury.
4. Make sure your expert dresses professionally and appropriately for court, avoiding flashy jewelry or extravagant ties or scarves, as these can be distracting.
5. Do not over-prepare the witness, as it makes the testimony seem fake, fabricated or too rehearsed. This means avoiding buzz-words and key phrases.

Preparing an expert for trial is stressful. So it is easy to forget the little things that can make a big difference in the overall trial presentation. Avoid the potential damage that an unprepared witness can inflict on your case by preparing them in advance.