The Legal Edge: Expert Attorney Strategies for Your Case
The use of AI tools such as Expert Radar enables attorneys to uncover hidden biases and inconsistencies by analyzing an expert’s litigation history, deposition or trial transcripts, publications, professional discipline searches and social media activity. This in-depth analysis helps identify and prepare for potential vulnerabilities during cross-examination, boosting an expert’s credibility in court.
Expert witnesses must disclose their previous testimonial histories in federal cases as part of Rule 26 disclosures. In addition, some experts list their prior testimony history in their CVs. Searches of general databases such as LexisNexis, Westlaw or Fastcase can often turn up previous testimonial histories as well as the expert’s previous expert reports and deposition transcripts.
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Legal professionals specializing in intellectual property law help clients establish and protect their patents, trademarks, copyrights and trade secrets. They can also provide guidance through the complexities of commercial transactions, addressing issues like property rights and lease agreements. Having an experienced intellectual property lawyer on your side ensures your assets are safe and secure, allowing you to focus on growth.
Review the Expert’s Publications
An expert witness’s background research is crucial to a case’s success. But the process can be tedious, with attorneys evaluating multiple different sources of information including authored articles, CVs, and disciplinary records. This information is critical to determining an expert’s credibility and identifying potential vulnerabilities in their testimony.
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Legal experts are essential to case strategy, offering specialized insight into complex technical matters that may not be easily understood by a judge or jury. They help clarify complicated information in a way that is accessible to laypeople, supporting and strengthening an attorney’s theory of the case.
While licensing and credentials, citations, education, and publications remain critical, there is a growing emphasis on an expert’s practical experience and track record. Since 2017, 2023 has seen a shift in the importance of an expert’s litigation history, past Daubert challenges, and prior verdicts, settlements, and testimony transcripts. In addition, there is now a greater emphasis on an expert’s ability to withstand cross-examination and align with courtroom standards of presentation.
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