Security Expert Witness
What does it mean to “qualify” as an expert witness?
The expert witness will be asked by the party that retained them about their expertise during pre-trial preparation. This consists of asking about their education, training, employment, certifications/licensure, specialties and more. Ultimately it is up to the judge if the expert qualifies and meets the requirements.
What are the two types of services provided by expert witnesses?
There are various kinds of expert witnesses in specialties such as medical, engineering and security. However, the scope services provided by an expert can fall into two types, consulting and testifying experts. Consulting experts provide interpretations and explanations related to the case. In some cases, the expert does not testify in court or in a deposition. The work is performed behind the scenes by providing litigation support to help the attorneys understand strengths and weaknesses in their case. Testimony in court and/or during a deposition is the second primary service provided by an expert witness. The testifying expert explains their findings to the jury.
What makes a good expert witness?
They are different characteristics that make an expert witness good. Below are some of the top characteristics:
Knowledge: A good expert witness needs to have expertise and knowledge in the field in which they are providing an opinion. There are many elements that comprise an expert’s knowledge base, including employment experience in the field, training, and formal & ongoing education to remain current in their area of expertise.
Certifications: One of the best indicators to ensure an expert is qualified is to require certifications from independent credentialing Boards in their area of expertise. These are essentially examinations administered by peers in the consultant’s field who are attesting to the expert’s knowledge base.
Objectivity: A good expert evaluates both the strengths and weaknesses of a case. The expert can testify to the standard of care and industry standards but should not present personal biases. It follows that a consultant or expert witness should not have any conflict of interest.
Effective Communication: In giving their testimony, experts need to be able to clearly inform the jury. A good expert witness should be assertive and project confidence in their opinions in cross-examination. An expert witness must also be aware of their non-verbal communication. For example, one study found that expert witnesses who maintained eye-contact with the jury & attorneys were viewed as more credible.
Trustworthiness & Confidence: Another characteristic that makes an expert witness good is trustworthiness. If the expert witness does not appear trustworthy, the jury may dismiss that testimony. A good expert witness should also be likable and confident. If an expert witness is not confident, the jury may doubt their testimony.
Consistent: A good expert witness should be consistent in their depositions even from previous cases they may have been an expert witness in. In addition, they should be consistent in their report, cross-examination, and testimony.
What are the duties of an expert witness?
An expert witness has various responsibilities. The main responsibility is to produce explanations and give personal opinions on a topic that the average person would not be knowledgeable in. They therefore need to educate the jurors in a way that is easy to understand. They also need to be competent in the area of the testimony. The primary duty of an expert witness is to the court, not to any party. Therefore, their testimony is unbiased and objective. The expert witness is expected to be honest in their written report and testimony. Information should not be ignored even if it contradicts the argument of the party that sought out the expert witness.
How does someone become an expert witness?
To become an expert witness, review your State’s and/or federal rules of evidence depending on the case. The Federal Rules of Evidence states that an expert witness is someone who has knowledge, skill, education, experience, or training in a specialized field. This is similar to the requirements of most state courts as well. However, different states vary in their requirements and admissibility of expert witness testimony. For example, some states require physician expert witnesses to be in the same specialty as the defendant. Other states may require the expert witness to have licensure in that state.
Some additional requirements from the Federal Rules of Evidence are to
- Reliably apply principles to the facts of the case
- Give testimony based on data and reliable methods
- Help the jury understand evidence
Free Consultation from Board Certified Security Witnesses:
At Strategic Security Management Consulting (SSMC), we provide quality security expert witness services relating to cases involving victims of criminal and workplace violence, negligent or inadequate security, negligent hiring & training of security personnel, and injuries resulting from excessive force used by security officers. SSMC is a full-service security consulting firm providing consultation to a wide range of businesses and industries including: hospitals & healthcare, nursing homes, hotels, casinos, bars & nightclubs, apartments & condominium complexes, schools, stores, malls, and parking areas. SSMC consultants represent both Plaintiffs and Defendants and have provided trial testimony in cases with jury verdicts awarding up to $13.5 Million in damages.
If you are looking for an expert witness, contact us through our contact form or call / text us at (407) 385-9167.
