Judd Robbins

Understanding the Fundamentals of Writing an Expert Witness Report



Posted: Saturday, November 06, 2010

by Judd Robbins
Presentation Dynamics

The expert report is a cornerstone of your contribution to the case. It is the main written piece of work, just as your testimony in deposition or court is the main verbal piece of work. Before writing your expert report, you will spend time researching, explaining, listening, and meeting. Everything you write down will become the subject of interrogation or discussion.

Realize that some attorneys may use your writings long after a case ends. Bright attorneys will frequently look to the records of your previous cases to see what you have said, how you have said it, and what errors you may have made. These writings will guide them to whether you may be an necessary witness for them to hire. Then again, they can research your previous statements to use against you. They may look at the way you wrote something, or if what you wrote previously relates to a current opinion that you're expressing in a new case. Be alert to whether a new case you've accepted leads to an opinion that differs from one you may have expressed in a previous case. An industrious attorney will probably learn any differences and call you on them.

Your expert report will need to meet legal standards. It should be organized, easy to read, professional, and reliable. Depending on the complexity of the case, you will have one or more opinions about the subject of the case. You should precede your opinions with your background and qualifications to explain who you are and why you are qualified to present those opinions.

Precisely express your opinions. Explicitly list the data you considered while coming to your opinions, and show which pieces of information directly support those opinions. explain exactly what steps you followed and/or what technical methodologies you used as the basis for the conclusions you reached. include required extra facts, such as your contact information and your fee schedule.
Judd Robbins has been an internationally recognized expert witness since 1986 in the US and in the UK. He has testified in State and Federal courts and has been featured as a testifying computer forensics expert on MSNBC, Court TV, and Tech TV. His cases range widely from intellectual property infringement to murder. He has been a best-selling author of more than 30 training and computer books and has created more than 25 training DVDs and videos. In 2010, his book "Expert Witness Training" was published by Presentation Dynamics. Robbins has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and consults in both computer and legal issues. Learn more about Mr. Robbins and his Expert Witness Training materials at www.juddrobbins.com

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