Expert Witness Network Blog

By Richard Meehan
For The Norwich Bulletin

Trials often require expert testimony to establish facts that only one possessing certain training and experience can describe. Most often, experts are highly credentialed medical doctors or have doctorate degrees. An expert, however, can be anyone possessing knowledge in an area beyond that of the average juror. The classic comic example is mechanic/hairdresser/girlfriend, Mona LIsa Vito, in the movie “My Cousin Vinny.” A knowledgeable car mechanic can qualify as an expert in automotives issues.

Once a proper foundation is developed, the expert may give an opinion based upon the facts of the case and a reasonable degree of certainty. An expert may not testify to possibilities, nor engage in speculation and conjecture.

Jurors may accept or reject part or all of an expert’s opinion. The trial lawyer’s challenge is to educate the jury on the expert’s background and basis of the opinions offered.

Trying complex cases over three decades, I’ve had a legion of experts on the witness stand ranging from the world of the Miss Vitos’ to Yale and Harvard professors. We start with a recitation of the expert’s education and training, professional associations, honors, awards, publications or teaching experience.

Next, a review of the evidence through a hypothetical question that asks the expert to assume certain facts. Often those facts are disputed, which later presents a platform for opposing counsel to challenge the opinion on cross-examination.

With the exception of standard of care experts in malpractice cases, experts are not permitted to give opinions on the ultimate fact in issue. That is viewed as invading the fact-finding province of the jury.

Recently, I had the unique experience of testifying as an expert in a criminal trial practice. The issue was whether a defense lawyer failed to provide a convicted client effective assistance of counsel as required by the Sixth Amendment. My opinion was that he had not.

Read the entire article here.