Six Considerations for Selecting an Expert Witness: eDiscovery Best Practices

In the last article I covered from Forensic Discovery, they discussed the Federal Rule that governs the use of expert witnesses in Federal cases and discussed a couple of examples of where the use of an expert witness was instrumental in a case (including one of their own examples available here). Their most recent article discusses six considerations for selecting an expert witness.

Their article Here’s What You Need to Look for in an Expert Witness covers those six considerations for selecting an expert witness. Here’s one of them:

Communication Skills: Some of the biggest experts about a technical subject are just not cut out to be expert witnesses. One of the differences between those who can be good expert witnesses and those who can’t is good communication skills. A good expert witness understands how to explain highly technical topics in a way that non-technical people (like many lawyers and judges) can understand. Again, examples of thought leadership in articles and blog posts convey their ability to communicate these topics in written form (which they may need to do when preparing a declaration or affidavit) and the questions you ask will convey their ability to verbally communicate effectively as well. If you can’t fully understand their answers, the judge or jury may not either.

eDiscovery Assistant

Want to find out the other five of the six considerations for selecting an expert witness? Check out their article here to find out the rest! Maybe try to guess them before checking out the article and see how many you can guess – that could make it even more fun! 🙂

So, what do you think? When do you use an expert witness to support your position in discovery disputes? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: Forensic Discovery is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.


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