“The record is redolent with familiar dogmatic assertions by experts equally confident of contradictory contentions.”–Justice Felix Frankfurter
Effective trial advocacy requires that expert testimony be convincing, as well as “correct.” Experts must convey the relevance of their work, the reliability of their approach, and the reasonableness of their professional opinions. To effectively communicate your expert’s three R’s:
1. Select an expert with knowledge, independence and good communication skills.
2. Define the scope of engagement, get the needed legal and factual information, and let the expert exercise independent judgment.
3. Focus on proving the reliability and reasonableness of the expert’s theory.
4. Present your expert as the judge’s teacher, not another advocate.
5. Use demonstrative evidence that complements the examination.