Insight

Should You Opt for a Career Expert Witness or a First Timer?

There are reasons to hire an expert with 30-plus years of experience, but don't underestimate the skills of a first timer.

Hiring an Inexperienced Expert Witness?
EQ

Erin Quinn-Kong

January 29, 2019 04:14 PM

An expert witness must be credible, knowledgeable, impartial, and articulate. But like with most things in life, there is no clear-cut answer to the question of choosing between an experienced expert witness and a first timer. “It depends entirely on the case,” says Zachary D. Silbersher of Kroub, Silbersher & Kolmykov PLLC, a patent-litigation boutique firm in New York City that he co-founded. “There are pros and cons to each.”

Silbersher says most litigators turn to career expert witnesses first. “You want someone with the best credentials possible, like a professor emeritus with 30-plus years of experience,” he says. “That way, it is as hard as possible for the other side to impeach the pedigree of the witness.”

Plus, someone who has experience as an expert witness knows how to speak technically yet eloquently at a deposition and at trial, so that people on the jury can understand them. “You'll run across experts that are extremely knowledgeable in their fields, but they've got to be able to turn that technical knowledge into something a non-expert understands,” says Braden Perry, a former federal enforcement attorney based in Kansas City who also serves as an expert witness in regulatory and financial litigation matters. “That's the biggest thing—being able to provide opinion to lay people in extremely complex issues.”

Silbersher agrees. “Sometimes, intelligent people are not that good at communicating thoughts to a lay person,” he says. “It’s one thing to speak to your industry peers about technical things, but it’s quite another to make a jury understand. A career expert witness can excel at that.”

But using a polished witness who has worked hundreds of cases can also have its drawbacks. “Juries don’t like to hear that a person is an expert witness, so it can look bad if someone is too practiced,” Silbersher says. But the worst-case scenario is that the opposing counsel can use a witness’s past testimonies against them. “There’s a record of what they have said in other cases, so the worst thing you can do is put an expert on the stand who says that x equals y, but the opposing counsel can then say, ‘But you said x doesn’t equal y in another case.’”

That isn’t an issue with a first-time witness. Silbersher believes litigators are often timid about hiring new witnesses when they shouldn’t be. “I think there can be too much emphasis on 30 years of experience,” he says. “There are articulate, passionate younger people who are very sharp and not as easily tarnished from other cases.”

A newbie witness can also become a must when the case requires someone with a very specific knowledge base. “We were working on a case with a semiconductor, and we had a hard time finding someone to speak specifically about it,” he says. “We needed a post-doc or grad student who had been studying it. So, in that case, a first-time witness was preferable and inevitable.”

And while new experts typically require more prep time, Silbersher says some people “just get it.”

Matthew Hoffman, the managing partner of RoundTable Financial Group in New Canaan, Connecticut, is one of those people. The alternative assets expert was consulting with GLG on a project in 2012 when a case came up that required someone with his background. “GLG hired me and guided me into this,” he says. He’s been an expert witness on two cases each year since and is working on his 12th case now.

Being an expert witness fits perfectly with Hoffman’s personality. “I’m very factual and black-and-white,” he says. “I don’t give too many opinions, and I view things as right and wrong. If there are gray areas, I probably lean one way or the other.”

Hoffman is also an experienced public speaker and lecturer who likes a challenge and has specialized expertise. “If a case is generic, you can go to a general expert witness,” he says. “But I work in a specialized, nuanced area of alternative investments. My opinion most likely won’t be reused; nothing I’ve worked on has been similar to another case.”

In the end, the most important thing is choosing an expert witness you trust to put in the work and propel your case forward, whether they are experienced on the stand or not. “Everyone has their first time being an expert witness,” Perry points out. “Frankly, it’s a matter of making sure you’re comfortable with them.”

---------------------

Erin Quinn-Kong is the former editor-in-chief of Austin Monthly and was previously an editor at Allure and Us Weekly. She writes for GLG, the platform that connects professionals with insight, and has written for a number of publications, including The Alcade, OpenTable.com, and Women’s Day. When she's not telling other people's stories, you can find her exploring Austin, Texas, with her husband and two young children.

Related Articles

The Growing Need for Expert Witnesses Across All Kinds of Litigation


by Erin Quinn-Kong

More lawsuits mean more opportunities for expert witnesses in all industries and specialties.

Expert Witnesses for All Kinds of Litigation

Who Gets the Nod When Deciding Between Expert Witnesses?


by Safra Ducreay

It’s not just a matter of experience—often you need to look deeper than what's on the resume.

How to Choose Between Expert Witnesses

The Science of Law


by Best Lawyers

“There are different types of evidence to show the nexus between the product and the particular outcome.”

Technical Knowledge Can Win a Case

An Interview With Courtney D. Scobie


by Best Lawyers

Ajamie attorney Courtney D. Scobie discusses her practice.

Courtney D. Scobie Q&A

How to Identify a Medical Expert for Trial


by Rose Ríos

Things to look for and things to avoid when choosing a medical expert for trial.

What Makes a Strong Medical Expert Witness

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky