Expert Reports: They May Backfire

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0 height="100%"><tr> <td valign="top" width=160 BGCOLOR="#333333" TEXT="#F7F7FF" background="03cdedc2ddualp.png"> <div> <A HREF="index.htm" TARGET="_top" TITLE="Dr. Wade Silverman, Ph.D"><U><B>Dr. Wade Silverman, Ph.D</B></U></A></div> <bR> <div> <A HREF="id8.htm" TARGET="_top" TITLE="Contact Us"><U><B>Contact Us</B></U></A></div> <bR> <div> <A HREF="id147.htm" TARGET="_top" TITLE="FAQs"><U><B>FAQs</B></U></A></div> <bR> <div> <A HREF="id16.htm" TARGET="_top" TITLE="About Dr. Silverman"><U><B>About Dr. Silverman</B></U></A></div> <bR> <div> <A HREF="id146.htm" TARGET="_top" TITLE="Great links"><U><B>Great links</B></U></A></div> <bR> <div> <A HREF="id3.htm" TARGET="_top" TITLE="The Mind Reader© archive"><U><B>The Mind Reader© archive</B></U></A></div> </td> <td valign="top" BGCOLOR="#FFFFFF" TEXT="#080000" background="03d64643.png"> <div> <FONT SIZE="5" COLOR="#666633" FACE="Times New Roman" ><B>Dr. Wade Silverman, Ph.D</B></FONT>    |     <FONT SIZE="2" COLOR="#0000BF" FACE="Times New Roman" ><A HREF="index.htm" TARGET="_top" TITLE="Dr. Wade Silverman, Ph.D"><U>home</U></A></FONT></div> <div>                                                   </div> <div> Expert Reports: They May Backfire</div> <bR> <div> When counsel asks an expert to write a written report, it is usually with much ambivalence. On the one hand, the lawyer has to risk the detailing of negative findings regarding his or her case. He or she will be giving to the opposing side the product of all the hard work he or she and the expert have painstakingly done. In addition, the expert's report may prove unyielding and incapable of illuminating the main theme of the case. On the positive side, judges expect reports and the expert usually is viewed as an articulate spokesperson for the case. Why else would he or she have accepted the case?</div> <div> In a recent article in <U>Law & Human Behavior</U>, it was analyzed that written expert witness statements are useful in persuading jurors as to the merits of the case. The authors conducted a study using mock jurors to determine whether the presence and timing of written statements affected jury awards. Written statements did indeed help the jurors to better understand the testimony. They were also more effective in differentiating the relative worthiness of the plaintiff's claims. The best time to present the statements to the jurors is early in the case-in-chief when the jurors expect the party to present its best argument.</div> <div> Ultimately, the authors suggest that these expert statements be kept relatively short, approximately four pages, and relied upon only in cases in which the evidence is complex. Common sense also suggests that jargon should be eliminated. In summary, although a lawyer may question whether it is worth the expense and the potential pitfalls to even prepare and submit an expert's written report, a brief, relevant, and well written statement is particularly useful in complex cases.</div> <bR> </td> </tr></table></body>