Have you ever testified in court? 7

[WARose]

As an expert witness? How did it go? Did the lawyer for the other side try to undermine you by asking all kinds of seemingly irrelevant stuff (like class rank, number of times you took the PE and so on)? I’ve heard tales about that. I’ve got a friend about to give a deposition and he is kind of nervous about it. (It’s his first time doing so.)

 

[MiketheEngineer]

YES 5 or 6 times at least - and like any profession there are always a$$holes. So - you might get one.

Just clam down, listen to the WHOLE question - DO NOT JUMP to ANY answer, take a deep breath after the question is asked and obviously answer with the truth - BUT don't embellish.

YES or NO - are usually the best answers.

If you don't COMPLETELY understand the question - ask that it be repeated or re-stated.

Another good answer - I DON'T KNOW - if you don't

Or that question doesn't make sense to me!!

You can control this as much as the lawyer. If you know what you are doing - most will respect you act accordingly.

I assume yoou have a lawyer on your side. You can ALWAYS ask to confer with him/her before answering.

He/She should "prep" you in what to expect. Not giving you the "answers" but what to expect and how to answer.

 

[WARose]

Thanks for the info Mike. I will pass this along to my buddy.

He told me he feels his testimony is a slam dunk so he worries that the best the “enemy” lawyer can do is try to undermine HIM by attacking his credentials. He’s got some outstanding ones (i.e. MS degree, PE & SE in several states)......but he feels it was such a “rocky road” for him to get there, it could be a point of attack. (I.e. he worked his way through both degrees, ergo he took a long time (and he didn’t set the woods on fire academically); I know he also took several attempts to get the SE I [I think it was a lot less for the SE II]. So he thinks he’s kind of weak in those areas.)

I think he’s just got butterflies.....and I couldn’t think what to tell him because I have never been in a court room myself.

 

[dik]

I've testified a bunch... and never had a problem... I'm slightly nervous for the first 30 seconds... then things just unfold... tell him not to worry and that he'll likely have the 'flies for the first minute or so... also, have a glass of water... good for a dry mouth and a chance to think...

Try not to answer with 'I don't know' unless you really don't know... undertake to provide an answer if a deposition (might depend on the jurisdiction) 'I don't know' is a bit unprofessional and not really 'expert like'.I have occasionally used, "I don't recall."... have even had one judge, in Ontario, make reference to my "cavalier application of the Ontario Building Code."...

I look forward to it... but, with a deposition, he may have an opportunity to 'undertake' to obtain information. Also less than 10% of depositions actually proceed to trial... maybe closer to 5%...

and, moreover, have fun...

Dik

 

[msquared48]

Been there. Done that several times too... I agree with all the above.

The dry mouth syndrome is very embarrasing.

Mike McCann
MMC Engineering

 

[Ron]

Yes...above responses are noteworthy. I've testified in trial (14 or 15 times) at circuit, state and federal levels. I've testified in about 40 depositions, the longest being 6 days. I've testified at arbitrations, mediations and public hearings.

Most attorneys are respectful of experts. After all, some of them have probably hired you on other projects and they can't afford to impune your integrity!

Others are a$$holes. I've had both. One thing to remember is to not let any attorney get under your skin. They will try. If they are successful, you'll look stupid. Don't engage such.

Remember...attorneys are wordsmiths...try to keep things on a technical, objective level. You can control a lot of your testimony. I agree with dik..."I don't know" is not a good answer. You can say "I have not evaluated that" or " that is beyond my scope of work" but to say that you "don't know" becomes a credibility issue. After all, you're hired as an "expert". True, you can't be an expert in everything, but within the context or your scope of work, you are an expert...act accordingly.

Do your homework. Prepare well for depositions and trials. Do not lie. Do not be an advocate for your client. As an engineering expert, your task is purely technical so keep it that way.

 

[cvg]

been there, done that also. spent 6 hours in mediation last week and it went quite well. 3 experts for the defendant and 4 for the plaintiff. we had more fireworks between the experts than with the mediator.

you can tell a lot by the appearance of the opposing attorney. if he comes in wearing cowboy boots, 3 piece suit and ponytail, expect the unexpected. Also, if he tries too hard to be friendly with you beforehand, he might be trying to loosen you up before hitting you with the curve ball.

 

[hokie66]

If an attorney asks about your class rank, etc., in a deposition, I'd ask about his. An abrasive attorney needs to be treated the same way. If in court, let your attorney and the judge control him.

 

[dik]

Dry mouth is just a ruse... never an embarassment... I play to the judge... not the lawyers... It's his court! I don't try to second guess anyone... can get into real trouble that way... The main purpose of the glass of water is just to provide a pause to gather your thoughts... I treat the whole thing as a 'game' sometimes you win, sometimes you don't... I also have a real academic 'bent' and think that it's my purpose in life to educate... I'm just a tekkie... tellin' my story...

Dik

 

[msquared48]

It's not a ruse for me dik. It's a fact...

Mike McCann
MMC Engineering

 

[hokie66]

WARose,
A deposition is not like testifying in court, although you are under oath. It probably won't be in a courtroom, and there won't be a judge present. If your friend needs a break, he just has to ask for it. No need to be daunted. If it is a slam dunk, the other side will come to that conclusion and he won't have to appear in court.

 

[dik]

Mike:
It's not a ruse... you're there to provide an expert opinion... and you do it in the best manner you can... not too technical, else you 'lose' the court, but, sufficient that they 'gain an understanding'...

Dik

 

[ajh1]

Our in-house counsel a number of years ago indicated the four best answers were: "YES.", "NO.", "I don't know." and "I don't remember."
Notice that each of these ends in a period. Don't go on to elaborate your answer unless the lawyer asks. The "I don't know" and "I don't remember." answers go better as a fact witness than an expert witness, but we do continually hear of engineers spouting off about things outside of their area of expertise. I had one on the other side (the expert) who basically admitted he wasn't sure he could generate a moment diagram for a continuous beam string with a tapered load on one of the spans.
The classic story I have is one of our engineers was deposed and the first question was "Can you state your name?" His response was "Yes.", which totally flustered the other attorney.
One thing I have noticed from reading the transcripts of my various depositions is that you say a lot more "uh"s, "ah"s, etc. than you realize when you are speaking. Stop and carefully think through your answer before starting so that you get the whole thought out clearly.
We had an expert on the other side one time who would listen to the question, stop and think about it, then write his answer on a piece of paper, study it, then read it back to the lawyer. Personally, I think that's a litle bit extreme, but if nothing else it probably drives the questioner nuts.

 

[dik]

In almost any trial I've been involved with, you are asked for an explanation or an opinion... that's why you are there...

Dik

 

[MiketheEngineer]

If his credentials are as good as stated - NO problem - whether it took him two years or 100 years to get them.

I have never been asked "How long did it take you". The only question was whether I was a registered PE in this state.

Which opens another can of worms.

If you are not registered in the state where you are testifying - things can get testy.

Some states or probably the other lawyer have challenged this and I believe in one or two cases "won". I think they even tried to disciple an engineer over this???!!

Like the laws of Physics and Engineering magically change once you cross a state line!!

Apparently they do when you enter Illinois!!!! Another story - another day

 

[WARose]

I’m going to pass along a link to this thread to my bud.....I’m sure he will appreciate the comments. Thanks.

MiketheEngineer, I think one of the main things he is worried about is the fact that he was primarily a B/C student as an undergrad......so he didn’t know what role if any that would play. Personally, I think he is worrying himself over nothing. But anyway.....

 

[MiketheEngineer]

NOBODY has EVER asked for my GPA!!! I am a Registered PE in the Great State of (pick one - including confusion). My credentials are as follows - bingo - that's it

If they ask -
1. None of your damn business
2. I don't remember - because honestly I don't' - it was over 30 years ago!!!! I, too had my share of fun at college which didn't help the grades much - but I also worked about 30 hours a week to pay for it. Passed the EIT and PE first time and make a 6 digit salary in Engineering!!!

And some lawyer, doctor, etc finished LAST in his class!!!

 

[dhengr]

I don’t think I’ve ever been asked about my exact grades in school. When asked I’d start with the highest degree or credential, you couldn’t have gotten that without your earlier work already having been vetted, and that pretty much ends the matter. The MS and the SE are pretty impressive in the first place, but real engineering experience quickly trumps those. It’s certainly good to be able to cite examples of your own work which are essentially the same as the court case problem; materials, codes, structure/building type, etc. Spend some prep. time with the attorney you are working with, take his/her guidance and direction, they’ll usually stop you if you start going astray; don’t let them put words in your mouth, explain why you can’t say that, but here’s what you can say on the matter and why. Your reputation for honesty and complete factual presentation (not advocacy) are your most valuable assets, don’t ever jeopardize those, you get too quickly discovered for what you really are when you do that. I’ve been involved in a number of cases where we had to use a court room for the depos., since nobody had a big enough conference room for all the attorneys and experts. I’ve also lost a couple of jobs because the other side had a PhD and I didn’t, then after a couple weeks the attorneys called me back in, and I sat at their side, and told them how to interpret what the other guy with the title and little experience was saying and how to ask him what we, or the court, needed.

Almost everyone is nervous for the first few minutes, less so with more experience and more so with the complexity of the case, or if you are being pushed out of your area of expertise, and you shouldn’t go there. The worst thing you can do is to dwell on this for days before the big day, you’ll drive yourself crazy. Obviously, you have to be quick on your feet and know your subject, but your mantra has to be ‘I know a lot more about it than they do, so bring it on.’ On your subject matter, you have to believe that you are the smartest guy in the court room, and you should be; and also, experts do have and can have differences of opinion, but they should be in relatively small degrees, and what sets you apart is that you have the best foundation, explanation, sequence of events to explain it; simple, clear, step by step, and to the point.

Do a good job of preparation, have reviewed the material well, it’s always impressive when you know the plans, reports or calcs., etc. so you can turn right to the correct page, but then spend a second studying the detail or calcs., reread the para. so you’re sure what it says, before you answer, don’t be rushed at this point. Again, you are the smarted guy in the room on the subject, and you are truly a teacher trying to help the Judge and the jury understand a fairly complex problem that most lay people have never given much thought to before. Simple explanations and examples that they can visualize in their minds-eye and from their own experience. For example a yardstick on the flat or on edge, starts to explain a beam much better than some elaborate equations that they have never held in their hand/head before; on end the yardstick works pretty well to start talking about columns and buckling, when compared with a 1' long 2x4. Again, they have actually seen these things, they get your point, and don’t think you are trying to give them a snow job. You don’t usually show all your cards in a depo. Answer the questions completely, but with no more detail than they force you to provide. Make them dig for what they want, don’t give it away, otherwise you are just providing them fodder they can try to twist against you later.

Sit up straight, be proud, project confidence, I didn’t say cooky or arrogant, speak slowly and clearly, and for God sake don’t use a bunch of acronyms, or big words, which half of us don’t even know. Endure yourself to the Judge and the jury by showing them that you are just a regular smart guy trying to explain the problem to them so that they can understand it. Don’t tell anyone I said this, and don’t be condescending, but you’re teaching at about a 9th or 10th grade level here, anyone on a jury should grasp your explanation, you do your case no favors by trying to impress with big words, etc., but by all means do speak well. Listen to the attorney’s question, but talk to the Judge and jury, they are the people you have to convince, not the other side’s attorney, by glaring at him/her. Real eye contact with the Judge and the jury, even more so, shows you are talking to them, trying to explain to them, and they respect you, and your presentation, for not leaving them out of the proceedings.

 

[msquared48]

As for the GPA, I agree that it is of no value when compared to a vast array of experience for the past 30 years. However, if you look young, be prepared for it and don't get flustered.

Any lawyer that asks that question is probably fresh out of law school anyway, and fair game to be made a fool of in court. You will not have to do it. He will do it to himself - just give him the rope...

Mike McCann
MMC Engineering

 

[dik]

Often the judge will stipulate the area of expertise... structures, timber, concrete, costing, CA, etc...

The last half dozen trials, I started recording the trial date, number, court, and area of qualification... and have used that in later trials as being qualified by judge ? as an expert in ?.

Have been involved in a few cases where the judge has accepted the qualifications of an expert tech... often in the area of microbiology, chemistry, etc... It's up to da judge...

Dik