Effectively Using Expert Witnesses
Recording of a 90-minute CLE webinar with Q&A
Outline
- Selecting and retaining an expert
- Independent expert needed?
- Expert directories
- Retaining an expert
- Retention agreement
- Discovery issues
- Expert disclosure and report
- Rule 26
- Managing damaging reports
- Presenting expert testimony
- Deposition
- Timing – when do you call the expert?
- Basic rules of direct exam
- Expert’s background
- Use physical evidence
- Ethical issues in presenting expert testimony
Benefits
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?
Faculty

Jeffrey Fowler
Counsel
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
He is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice Group, and is a founding member of the firm's Document Retention and E-Discovery Practice. He is a firm leader on e-discovery and counsels clients on related topics, including litigation preparedness, legal hold obligations, e-data collection and production, and document retention policies.
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Christopher J. Garvey
Partner
Goodwin Procter
He concentrates his practice in the defense of complex litigation matters, including mass tort and toxic and... | Read More
He concentrates his practice in the defense of complex litigation matters, including mass tort and toxic and environmental exposure matters. He also counsels companies concerning product liability exposure, and in conducting product liability “due diligence” regarding such issues as successor liability and insurance coverage.
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