https://eurekasoft.com/expert-witness


https://eurekasoft.com/expert-witness


https://www.americanbar.org/groups/gpsolo/resources/ereport/archive/law-firm-future-improving-communication-legal-setting/


https://www.americanbar.org/groups/gpsolo/resources/ereport/archive/law-firm-future-improving-communication-legal-setting/

What’s the Point of Hiring an Expert Witness?
If you find yourself in the middle of an intellectual property dispute, you might
speculate about the value of hiring an expert witness. Together with your lawyer,
you may decide that an expert witness could strongly contribute to your case.
But what exactly do expert witnesses contribute and
how can you use one to your advantage?
What Is an Expert Witness?
Let's start with a basic description of expert witnesses
and how they function. As the name suggests, an
expert witness is an expert in their field, and they're utilized as a witness in a legal
context. Unlike eyewitnesses, who are used because they've directly seen or
otherwise sensed a crime in process, expert witnesses provide testimony based
on their knowledge and experience in a given field.
In many cases, expert witnesses can help establish facts, make new findings,
direct legal proceedings and litigation, and ultimately support the client they were
hired to support. When looking for an expert witness in your case, you'll need to
consider at least the following:
· Qualifications. Courts, lawyers, and clients should look for expert witnesses
with true qualifications. People with advanced degrees, impressive credentials,
high-ranking titles, and other indications of expertise are going to have a
significant advantage over their counterparts. Try to be as objective as possible,
as the court will likely do the same.
· Past experience. You'll also need to consider the past experience that this
person has. Obviously, you need someone with experience in the field for which
you're hiring them. But what exactly have they done in this field? How long have
they done it?
· Communication skills. Communication is vital in the legal field. Ideally, you'll
be able to find an expert witness with excellent communication skills. This will
make it easier to work with them as you pursue litigation, but more importantly,
this will make them more credible and more trustworthy in the eyes of the court.
· Potential conflicts of interest. It's also important to consider potential
conflicts of interest. It's unethical to work with an expert witness who has a conflict
of interest in your case, and their testimony could be dismissed upon discovery of
this fact.
How Do Expert Witnesses Help?
How exactly do expert witnesses help your intellectual property dispute?
· Education. They can start by providing background information and education
to you and your lawyer. Competent lawyers often talk to experts so they can better
understand the subject matter at hand and build a better case.

https://www.pmi.org/learning/library/avoiding-courtroom-battle-experts-3402

· Research. Your expert witness may also assist with some research. If there's
a topic of interest in your field, directly relevant to the dispute, your expert witness
may be in a superior position to research and better understand it.
· Perspective. Expert witnesses are meant to provide neutral, third-party
perspectives to validate certain claims or shed light on areas that otherwise
wouldn't be explored. In the realm of intellectual property disputes, expert
witnesses are in a privileged position to determine whether a given creation is
original, common, or an actual infringement of intellectual property rights.
· Gathering evidence. Expert witnesses assist in gathering evidence in many
cases as well. For example, an expert witness in software development can pick
apart a piece of software, examine the source code, and identify key
commonalities between different pieces of software.
· Testimony and negotiations. If you're familiar with expert witnesses, you
probably know that they provide testimony in court. This can be very powerful and
persuasive, but most cases are resolved outside of court. Accordingly, the more
prevalent responsibility of expert witnesses is assisting in settlement negotiations
– and they’re very valuable in this application.
Are Expert Witnesses Always Necessary?
Are expert witnesses always necessary in the context of an intellectual property
dispute? The short answer is no. Some cases are simple, straightforward, and
uncontested, with a clear path to resolution from the very start.
However, it's important to remember that hiring an expert witness can be both an
offensive and defensive move. Your expert can support you in building a better
case against the defendant, but they can also be an excellent countermeasure to
expert witnesses they've already hired: sometimes, a court case can boil down to
a “battle of experts,” in which both sides have hired an expert witness who
supports their side.
Ultimately, you should focus on hiring a good lawyer and trusting their advice.
Your lawyer will help you figure out whether or not you need an expert witness for
your intellectual property dispute, and they can help you in choosing one as well.
Such complicated legal matters are always a headache, but with the right expert
witness at your side, you can resolve the matter faster and in a way that's more
likely to end in your favor.