Effectively Using Expert Witnesses

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, April 1, 2008

Course Materials


Attorneys involved in litigation at any stage must meet the challenge of finding, retaining, preparing and presenting expert testimony. Effective litigation preparation further requires analyzing and understanding your opponent's experts for depositions, trial and possible challenges.

Counsel's failure to either effectively manage their own experts' testimony or challenge opposing experts will prove a costly mistake, resulting in the admission of misleading or even damaging evidence and possibly an unfavorable outcome for the client.

Whether building experience in litigation practice as an associate, shifting from transactional to trial work, or simply seeking a refresher in dealing with expert witnesses, this teleconference will provide a solid foundation for polishing skills with expert witnesses and testimony.

Listen as our authoritative panel of litigation specialists examines selecting and retaining experts, preparing and presenting expert testimony, cross examining opposing counsel’s experts, and properly disclosing and filing expert reports under the Federal Rules.



  1. Selecting and retaining an expert
    1. Independent expert needed?
    2. Expert directories
    3. Retaining an expert
    4. Retention agreement
    5. Discovery issues
  2. Expert disclosure and report
    1. Rule 26
    2. Managing damaging reports
  3. Presenting expert testimony
    1. Deposition
    2. Timing – when do you call the expert?
    3. Basic rules of direct exam
    4. Expert’s background
    5. Use physical evidence
    6. Ethical issues in presenting expert testimony


The panel reviewed these and other key questions: 

  • What is the best—and worst—use of experts in litigation?
  • How can counsel minimize the impact of the expert's supposed lack of "independence"—and when is independence a critical factor?
  • When should expert testimony be challenged—and what are the most effective tactics?
  • What are the key ethical considerations in utilizing expert testimony?


Jeffrey Fowler
Jeffrey Fowler

O’Melveny & Myers

He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of...  |  Read More

Christopher J. Garvey
Christopher J. Garvey

Goodwin Procter

He concentrates his practice in the defense of complex litigation matters, including mass tort and toxic and...  |  Read More