Securities Expert Witness FAQ

Is it a good idea for an expert witness be “passionate” about his or her client, when representing him in litigation or arbitration? 

No this is not a good idea. A better idea is for the expert witness to be ‘passionate” about his position rather than the client. This allows the expert to be more objective in client representation. 

Is an expert witness in arbitration always expected to be “objective” in his testimony on behalf of a client in arbitration? 

No, I don’t believe so. The only time an expert witness should be completely objective is when a court appoints him to represent a client in a litigation setting. In arbitration, when an objective expert takes a case based on its merits, he can be expected to defend his position vigorously. After all, the other side will normally put forth its own expert who can be expected to vigorously defend the opposing position. 

What should an expert witness do when he or she is uncertain of the answer to a question under cross examination by opposing counsel?

Admit that you don’t know. It destroys all credibility to be glib and fake an answer if you are unsure. One fall back position that can be useful is to leave that question to be answered by the arbitrators, the ultimate “trier of fact”. 

Should an expert witness in arbitration always be paid in advance of testimony? 

Yes, at all times. To do otherwise, is to imply to the arbitration panel that you, the expert, have a stake in the outcome of the hearing i.e. participation in any award granted by the arbitrators. This, of course, would remove any credibility from your testimony and label you nothing more than a “hired gun” in the process. 

Should an expert witness work on the basis of a retainer? 

Yes, always. The expert should utilize a retainer agreement that sets forth the amount of the retainer, how it will be applied, the hourly fee and any other terms or costs that will be considered. Most charges should be conforming to all activities It is often confusing to apply a different hourly rate for preparation time than for testimony. To charge a higher rate for testimony could well limit your attendance time at the arbitration. 

Should the expert attend the entire hearing in arbitration? 

Yes, always! Experts are normally allowed to remain along with the parties in the arbitration forums. This is so the expert can gauge the credibility of the witnesses as well as to the reaction of the arbitrators to their testimony. Then if the arbitrator’s ask questions of the witnesses, it is critical for the expert to hear the answers and work these very points into his or her own testimony. Furthermore, only when the expert can hear, first hand, how his client handles questions under cross examination, can the expert refine and clarify his position for later testimony. 

Answers courtesy of Fend

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Reviewed Expert Witness Sites on the Internet

Consolidated Consultants Co. - www.freereferral.com/
Provides Free Referrals to Expert Witnesses and Medical Expert Witnesses nationwide. Also provides Expert Witness and Medical Expert Witness Referrals to Attorneys and Insurance Companies Nationwide.

Expert Witness Network - www.witness.net/
Networking Expert Witnesses and Attorney's via the Web. A quick, easy, and inexpensive means of locating the most qualified expert for your case. Over 2000 full-length CV's online.

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