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If you’ve been following us for a while, we’ve been talking a lot about expert witnesses in the medical field and their prospects as a physician side gig.
We’ve discussed what it is, what qualities you need, how to become one, and even where you can find a whole bunch of them. But we haven’t touched upon much on how to be an expert witness with strong credibility backing you up.
Having a vast reserve of knowledge regarding your expertise is essential when stepping in as an expert witness, yes. But I’d argue credibility is even more so.
The idea of being an expert witness is to be impartial in your opinions, which helps the jury come to a more concrete decision. And they can’t do that if you are proven to be unreliable or for having questionable motives towards the party you are testifying against.
So, how does one build credibility as an expert witness? There are a couple of factors that come into play here, so let’s get into it.
- What makes for a credible expert witness?
- The dynamic between an expert witness and the jury.
- Why is being impartial so necessary?
Read More:
Convincing The Jury Vs. Laying Out Facts
A common misconception about expert witnesses is that they have to work in a certain way that convinces the jury to take ‘their side’. When really, that couldn’t be farther from the truth.
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While it is true that a team brings on an expert witness specifically to help out in their case, an expert witness can’t be biased. They can’t present information in a way that feels like they are trying to gain favor for the party they represent.
An expert witness’s job is to be objective, impartial, ethical, have a firm grasp of the material, and lay the facts straight — no more, no less.
There can’t be any conflicts of interest here. An expert witness has to have no connections to the case or the people involved in it. They are third-party advisors, only having expertise in the subject matter that the case revolves around.
They are simply there to help jurors decide the verdict by using their knowledge on the topic at hand and communicating it patiently and thoroughly.
It’s also why you can’t add any ‘personal’ opinions in the testimony. The jury sees you as another asset to help them process the situation laid out in front of them more analytically.
And they can’t do that if the expert witness doesn’t appear credible and responsible with the material they are given. It’s why their reputation is so crucial when it comes to the success of a case. As we’ll discuss ahead, even the language you use can impact your credibility.
Building Credibility As An Expert Witness
That said, how does one build their credibility as an expert witness in the first place? You need some key qualities to cement your integrity as an expert in the field and the right person for the case.
Board-Certification
Education matters, and it isn’t hard to see why. Anyone who is deemed an expert on a specific topic usually has some kind of paperwork backing up their claims.
Whether it is a degree in a field related to it, published literature regarding the said subject, or even certification, the jury will take you more seriously if you have the qualifications for it.
The reason behind this is that most jury members tend to see a degree as superior to experience alone, as most jury members themselves have experience but not necessarily a postgraduate degree.
As a physician, it’s best to have some post-graduate specialization and get accredited as an expert witness.Academic Research and Publishing Papers
One of the most common ways lawyers find potential expert witnesses is by reading literary works related to their case and contacting the authors.
Having published articles and academic research under your belt helps pad up your resume as an expert.
The idea of writing an entire book dedicated to the subject matter of a litigation issue shows the jury that you know what you’re talking about, which attorneys can use to their benefit when presenting their case in the courtroom.
Society Leadership and Involvement
The jury tends to listen more to expert witnesses who are more involved with the medical fraternity around them.
You can do this by assuming a leadership role in your field of specialization. Think of sitting in on guideline committees, spearheading different conferences regarding your profession, and being vocal when it comes to the state of your expertise.
You appear more trustworthy to the public when others in your field acknowledge you as an authority figure in it. Besides, it only helps to grow your network.
Personally Research And Review The Data
Expert witnesses who don’t handle their data assessments tend to lose credibility as time passes.
Often, you’ll see them employ an assistant or an analyst to do the grunt work for them. And while that might make things more efficient for them, it also means they are not engaging with the subject matter themselves.
So, taking the time to sit down, read the materials, and do your own research can go a long way to show your reliability as a meticulous expert witness.
Being thoroughly prepared for the case you will discuss presents you as someone who has done their due diligence regarding the material given to them. Given that most cases don’t proceed to trial, your report writing skills must reflect your education, experience, and unmatched knowledge of the case.
Extraneous Experience
While I did say that the jury favors a degree over experience, that doesn’t mean they’ll feel comfortable listening to someone who has none.
Experience in both the field of expertise and as an expert witness is crucial when trying to build a resume as the latter. Your years of working give you merit above your peers, showing the jury that you have seniority in your specialization. So they would feel more assured listening to what you have to say.
Meanwhile, the more testimonies you have under your belt, the more inclined they will be to consider your words when coming up with a verdict.
Neutrality Is Key
It sounds like a given, but you’d be surprised how many cases are lost because the expert witnesses allow emotions to infiltrate their testimony.
Being impartial is one of the main core practices of being an expert witness. Bias in the courtroom and rising to the bait set up by the opposition showcase you as an unreliable witness during the case, leading the jury to also disregard your testimony.
That’s why it’s so important to stick to what is being asked of you regarding your expertise and no more. As an expert witness, you are bound to be non-discriminatory or non-accusatory. If newbie expert witnesses somehow find themselves in court without any training, they can muck up a testimony. This means your reputation goes down the drain, and it can become arduous, if not entirely impossible, to find well-paying gigs.
Stick To What Is Relevant
As an expert witness, you have to have a firm grasp of the knowledge you have. But it also matters how much of it you convey.
Sometimes, it’s easy to get lost when explaining things to the jury, which can lead to you giving out information that is seen as wasteful or unnecessary in light of the case being discussed. The jury would see that as someone who doesn’t have a command over their subject, ultimately leading them to disregard your word in general.
Confident, Concise And Composed
Language is one of the best ways to build up your capacity as an apparent expert witness, which is why it matters how you word things said in the courtroom.
Everything is being noticed, from your tone of voice to how you explain things. Juries have shown positive feedback towards expert witnesses who explain things thoroughly but concisely.
Instead of using complex medical jargon, it’s necessary to break things down so that someone from a non-medical background can still understand.
Visual aids, examples, and clear communication always help. What doesn’t help is if an expert witness is overconfident or too opinionated because that leads a jury to see them as arrogant and their testimony as suspicious.
Conclusion
As an expert witness, it isn’t your job to convince the jury of anything. That’s what the lawyer who brought you on has to cover. As an expert witness, you are there to explain to the jury the medical side of things and leave them to come up with their conclusions.
It’s why communication skills, expertise, and integrity as a witness are such highly sought after traits by lawyers searching for expert witnesses. Building those qualities up automatically helps build credibility and gets you recommended forward.
With so many doctors struggling to get a foot in the door, we’ve decided to launch a course to help you form an unbiased opinion, learn the legal ins and outs, get the hang of report writing, and so much more. Let us know what you’d like to see in the comments below, and stay tuned for more news!
