A Reluctant Expert Witness “Confesses”

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Over the last 35 years or so, I’ve testified, at deposition or trial, about 200 times.
And so, I confess. My 10 “confessions,” though, do not reveal any startling secrets, but they do provide insight into how one (reluctant) expert views the job of expert witnessing after many years in the trenches.

Business Appraisal Review: A Helpful Tool in Litigation and Otherwise

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Over the years, I have been called upon to review the work of other appraisers and damages experts.  To a certain extent, the requirements for appraisal review come with the territory of being an expert witness.  Appraisers for a side in litigation are often asked to review the work of the opposing expert.  In the […]

Differing Expert Witness Valuation Conclusions

Differences May Not Be the Result of Advocacy

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Because of the large difference between the two appraisers, courts may assume that business valuation experts are being advocative. This judicial attitude is fairly widespread based on my experience, and accounts for many decisions where courts “split the valuation baby.” Perhaps, there’s more to the story. In this post, we discuss six sources of differences in valuation opinions between opposing experts.

Testifying as an Expert Witness with Impact

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When I began testifying, I looked for guidance, which I found in the booklet, “Testifying with Impact,” by a former professor and speech coach. Foremost, I learned the objective of testimony is not to read words or testify without notes, but to communicate thoughts, ideas, and knowledge. In this post, I reflect on the other simple but powerful lessons I learned from this booklet.

10 Ideas for Preparing for Expert Depositions

Getting Ready is a Key to Successful Depositions

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An expert deposition is a formal proceeding. I created this list of deposition preparation items from my own experience in having my deposition taken and in attending a number of depositions of other experts or parties to various matters. I hope you find it helpful.