Things to Consider About Expert Witnessing in Adventure Sports

April 20, 2023 11:31 am18 commentsViews: 589

It sounds easy, but there are some very important points to remember about expert witnessing and those are as mentioned below:

Experts are sometimes hired to provide junk opinions and even fraudulent testimony. Once an expert has a reputation as a ‘hired gun”, his value becomes limited.

The goal of the opposing side is to destroy the expert’s credibility. An expert may be severely rebutted by the other side’s attorneys, resulting in severe damage to a reputation. Old climbing partners or river mates can find themselves witnessing for opposite sides and aggresively criticizing each other.

An expert must have enough confidence in his or her own knowledge and experience to be able to maintain a position during aggressive questioning under oath.

Perjury by an expert is a crime, punishable by imprisonment and fines. If the expert has to testify, the case can be won or lost depending on how articulate he or she is in court. An expert must be able to speak to the judge and jury convincingly and with authority to simply and clearly make a point.

An expert must be able to work from memory. Most lawyers will tell their experts to avoid taking notes because notes end up in court. The legal system moves like cold molasses. An expert can be involved in a case for years.

Going Pro in an adventure sport is difficult but with a little serious effort it can be accomplished. Readers can refer to Going Pro in Adventure Sports for an overview of professional options.

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