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Improving Expert Witness Testimony Skills

Improving Expert Witness Testimony Skills. By Cameron Page, J.D. and Amy Phenix, Ph.D. Overview. Credentials and Credibility Depositions Direct Testimony Cross-examination. Credentials and Credibility. Your CV and or Website Accuracy-update and proof Make sure CV and website match

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Improving Expert Witness Testimony Skills

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  1. Improving Expert Witness Testimony Skills By Cameron Page, J.D. and Amy Phenix, Ph.D.

  2. Overview • Credentials and Credibility • Depositions • Direct Testimony • Cross-examination

  3. Credentials and Credibility • Your CV and or Website • Accuracy-update and proof • Make sure CV and website match • Don’t inflate your experience • Don’t brag (winning cases, national expert, etc) • Only one CV for all cases

  4. Credentials and Credibility • Everything you do in and out of the courtroom will affect your credibility • Be consistent-reports, testimony, writing and publications, presentations • Be balanced and objective in opinions • Skeletons in the closet • Dress appropriately

  5. Preparation • Testimony/deposition agreement for fees, subpoena and scheduling • Trial ready file • Know the report and documents cold- identify significant testimony issue • Timeline • Consulting with counsel to develop direct and cross-examination questions • Motions in limine

  6. Depositions • Nature and Purpose of Deposition • Reversal of Goals • Expert’s Role • Opposing Attorney’s Role • Your Attorney’s Role

  7. Depositions • Typical attorney types and how they help you: The “Plodder” The “Gnat” The “Attacker”

  8. Depositions • To survive the deposition, you need to: 1) Be as prepared for the deposition as you will be for the trial; 2) Remain a calm and active listener; 3) Do not yield to attempts by the examiner to recast your opinion; 4) Testify in a style that is personally comfortable to you, i.e., be yourself

  9. Direct Examination • Conducted by attorney who called you as a witness or retained you • Carefully crafted questions to elicit information favorable to his client.

  10. Direct Examination • Preparation and organization • Be a great teacher-likable, human, honest, entertaining and perky • Do not advocate • Keep it simple • Summarize what you are going to tell them

  11. Direct Examination • Direct examination questions • Rehearse the questions • Don’t read off a script • Point out problems in the evaluation if any • Head off difficult issues in Direct (i.e., old age of offender) • Avoid long narratives (jurors have a 30 second attention span)

  12. Direct Examination • Don’t hedge “could, may, I suspect, it seems.” Use confident language “yes, absolutely, I strongly disagree or agree. ” • Cite psychological/scientific terms simply • Use visual aids and move around

  13. Direct Examination • Use numbered lists • There are two important considerations in making this diagnosis, first his history and second his current symptoms • Use analogies • Sit forward don’t touch your face, turn and talk to the jurors

  14. Practice Direct Examination • EXAMPLE #1: Direct examination on the use of the Static-99

  15. Cross-Examination • Opposing attorney asks questions • Goals: • to lessen the impact of testimony you gave on direct exam by discrediting/impeach you • Will use you to support her clients position • Will directly attack your opinion and methodology you used to make your opinion

  16. Effective Cross-Examination • Listen carefully • Clarify if you do not understand • Admit if you do not know the answer • Stay in your area of expertise • Never be defensive, argumentative or arrogent • You will be asked your fees

  17. Effective Cross-Examination Will • Attack credentials of the expert • Show bias-whore for the state/defense • Show unprofessional bias against the offender • Impeach you with prior inconsistent statements or opinions • Get the expert lost in the records

  18. Examples Cross-Examination • Example #1: Paraphilia Not Otherwise Specified, non-consenting persons

  19. Offensive Tactics with Opposing Counsel • Making you defensive or lose your cool • Direct away from your area of expertise • Bring back the facts of the case • Break the momentum of opposing counsel • Review documents carefully before answering. • Ask if you do not understand.

  20. Offensive Tactics with Opposing Counsel • Choose your battles • Challenge false statements (Do you agree…yes, yes, no) • Do not answer compound questions • Answering hypothetical's • Strike back diplomatically with a light touch.

  21. Offensive Tactics with Opposing Counsel • Interrupting expert and not let you finish • Chip away at your diagnoses • Risk assessment is not a science • Getting the expert lost in the data • Your did not interview or it was too short

  22. Contact Information • Amy Phenix, Ph.D. P.O Box 325, Cambria, CA. 93428 amy@amyphenix.com • Cameron Page, J.D. San Bernardino County District Attorney's Office 412 West Hospitality Lane, Suite 301 San Bernardino, CA 92415-0023 cpage@da.sbcounty.gov

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