IMS ExpertServices occasionally sends me e-mails that highlight
recent key court cases that can significantly affect the effectiveness of expert testimony, both for
the plaintiff and for the defendant. These folks have for a long time provided articles and papers to
educate professionals on the aspects of expert testimony in court cases. You need only scan the headlines
I post daily to know the importance of effective legal representation when intellectual property (IP)
is being contested.
IMS ExpertServices has just published an excellent whitepaper titled "Expert Trial Testimony: Direct and Cross Examination," written by Tony Klapper, of A2L Consulting, and James Crane, of IMS
ExpertServices. Its targeted audience is the person who is or might be tasked to perform in a courtroom
as an expert witness. The paper begins with the question, "You are smart. You are well-credentialed.
But are you prepared to testify in a court of law?," which applies to litigants whether performing
as a defendant or as a plaintiff. If you find yourself the victim of a lawsuit (defendant), you must be prepared to endure the assaults
of a skilled prosecution team. On the other hand, if you initiate an lawsuit (plaintiff) you must be prepared to effectively make your case and defend
your assertions. Success depends on whether a judge and/or jury deems you credible.
The authors offer advice on addressing an audience on an appropriate level, maintaining self-awareness
in terms of how other perceive you, use of audiovisual props, and properly assess the ability and strength
of your opponent.
The download is free, and is definitely a useful read.
Posted November 9, 2016
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