Retaining and using experts

• Author: Don Bartell/Mary Catherine McMurray/Anne ImObersteg
• Pages: 183-198

6-1

CHAPTER 6

RETAINING AND

USING EXPERTS

I. GENERAL POINTS

§6:01 Hiring an Expert Is an Important Process

§6:02 Checklist for Selecting an Expert

II. EXPERTS FOR THE PROSECUTION

§6:10 Using the Expert Who Comes With the Case

§6:11 Using a Rebuttal Expert

§6:12 Using an Expert Other Than the Analyst

§6:13 Use a Good Expert

III. THE DEFENSE’S REVIEW OF THE PROSECUTION’S EXPERT CHOICE

§6:20 Determine Why the Expert Was Chosen

§6:21 Be Wary if the Expert Is Not the Analyst

§6:22 Effect of Crawford v. Washington on Hearsay Exceptions

§6:23 Application of Crawford to Blood Alcohol Tests

IV. DEFENSE EXPERTS

§6:30 Finding the Right Expert

§6:31 Educational Background

§6:32 Experience in the Field

§6:33 Professional Training

V. RETAINING THE EXPERT

§6:40 Finding the Expert

§6:41 Fee Agreements

§6:42 Formality of the Agreements

VI. PREPARING THE EXPERT FOR TRIAL

§6:50 Sending the Necessary Discovery

§6:51 Reviewing the Case

§6:52 The Golden Rule

RETAINING AND

USING EXPERTS

Attacking and Defending Drunk Driving Tests 6-2

RETAINING AND

USING EXPERTS

§6:53 General Trial Preparation

§6:54 Preparing for Cross-Examination

VII. ACCIDENT RECONSTRUCTION EXPERTS

§6:60 Accident Investigators vs. Accident Reconstructionists

§6:61 Requirements for a Proper Accident Reconstruction Theory

§6:62 Accident Reconstruction Software.

VIII. EFFECTIVE NON-VERBAL COMMUNICATION SKILLS FOR EXPERTS

A. Communication Skills Can Be Learned

§6:70 Skills That Make a Good Expert

§6:71 Nonverbal Attitudes: the Key to an Expert’s Persuasiveness

B. Show an Open Posture to Jurors

§6:80 Keep the Abdomen Open

§6:81 Show One’s Hand

§6:82 Address Jurors Heart To Heart

§6:83 Show a Relaxed Demeanor

C. Keep in Visual Control

§6:90 Maintain Steady Eye Contact

§6:91 Rehearse the Rough Spots

§6:92 Win Jurors, Not Arguments

D. Maintain a Balanced Stance

§6:100 Keep your Feet Steady

E. Control Your Leanings

§6:110 Lean Forward When Presenting

§6:111 Listen in Neutral

F. Take Up Personal Space

§6:120 Expand your Gestures

§6:121 Claim your Territory

§6:122 Guard Against Opposing Counsel’s Aggressiveness