Working with Expert Witnesses in Philadelphia Criminal Trials

Working with Expert Witnesses in Philadelphia Criminal Trials

Selecting the right expert witness can make or break a criminal trial in Philadelphia. As an attorney, you want someone who is not only an expert in their field, but also understands legal procedure and can communicate effectively with a jury. This article provides tips on finding, preparing, and examining expert witnesses to strengthen your case.

Where to Look for Experts

Philadelphia has no shortage of potential expert witnesses, from local academics and medical professionals to national specialists willing to travel. Here are some good places to search:

• Local universities like University of Pennsylvania, Drexel, Temple, Thomas Jefferson, etc. Professors and researchers make great expert witnesses, especially if their work relates to the facts of your case.
• Medical facilities like Penn Medicine, Einstein Healthcare, and Children’s Hospital of Philadelphia. Doctors can analyze injuries, causes of death, or mental competence.
• Professional organizations related to everything from forensic science and pathology to financial auditing, economic analysis, and more.
• Expert witness referral services like the National Association of Certified Valuators and Analysts or the American College of Forensic Examiners.
• Specialized expert witness search databases where you can filter by location, expertise, credentials, testimony experience, and more.

Vetting and Selecting Your Expert

Once you’ve identified some candidates, vet them thoroughly before retention. Factors to consider include:

• Relevant education, training, certifications, and experience. Is their CV impressive? Do colleagues hold them in high regard?
• Previous expert testimony. Have they been qualified as experts before? How did they hold up under cross-examination?
• Ability to teach complex concepts simply. Can they explain technical matters for a lay jury to understand?
• Likeability and trustworthiness. Will their personality and communication style appeal to a jury?
• Professionalism and preparation. Do they understand legal process and the role of expert witnesses? Will they work collaboratively with you?
• Cost. Expert fees range widely, so weigh value against budget constraints carefully.

Ideally your expert has testified successfully many times before. If not, they need more preparation so they aren’t learning on the job at your client’s expense.

Preparing Your Expert to Testify

Even the most seasoned expert witness needs case-specific preparation to testify effectively. Key steps include:

• Providing background on your client, theory of the case, and role of the expert testimony in proving or disproving facts.
• Reviewing all materials the expert will rely on for their opinions, including documents, photographs, reports, test results, etc. Make sure their sources are ironclad.
• Writing an expert report that lays out credentials, summarizes case particulars, outlines the expert’s opinions, explains their methodology, lists what they reviewed, and attaches supporting documents.
• Anticipating cross-examination questions and preparing answers that reinforce the expert’s credibility and neutrality. Be ready to address any perceived bias, flaws in methodology, inconsistencies, or limits of expertise.
• Holding strategy sessions to refine report language, rehearse testimony, coordinate visual aids, simplify explanations, highlight strengths, and control damage from vulnerabilities.
• If needed, seeking pre-trial Daubert challenges or motions in limine to establish admissibility of expert testimony before trial.

Presenting Your Expert’s Testimony

At trial, introduce your expert properly and draw out opinions artfully so the testimony has maximum impact. Key tips:

• Qualify them by establishing credentials, training, and experience that directly relate to the matter at hand.
• Make sure they explicitly state their role as a neutral party there to assist the jury, not advocate for either side.
• Have them explain technical concepts simply, using everyday analogies and visual aids. Strike the right balance so testimony isn’t too basic or too advanced.
• Draw out not just conclusions but also step-by-step reasoning that supports them. Logical explanations are more convincing.
• Preemptively address weaknesses by having the expert explain them on direct exam, rather than leaving it to cross.
• Prepare to rehabilitate credibility on redirect if the expert gets flustered or contradicts themselves on cross.

Working closely with expert witnesses takes effort, but pays dividends if you select and prepare them thoroughly. Let me know if you need help finding the right expert or preparing them to testify in your next Philadelphia criminal trial!