Technical evidence is often crucial, especially in complex litigation cases where there are structural or manufacturing defects or where there are injuries caused by industrial accidents, and it is seldom understood by the average juror on trial. The engineering expert witness is employed by a legal team to provide an explanation as to how a bridge collapsed, how a machine malfunctioned or how a construction project did or did not meet safety regulations. This professional plays an important role in linking complicated science with the legal arena. But just having an engineering degree doesn’t make one a successful litigator. When selecting an expert, it’s crucial to consider certain attributes that set them apart, including their technical expertise and communication skills.
Uncompromised Technical Expertise and Credibility
A key attribute of any good expert witness is an expert’s knowledge of the particular sub-discipline of the body of knowledge that is pertinent to the case. Engineering is a wide-ranging subject and general knowledge is usually not enough for cross-examination. A commercial skyscraper HVAC failure suit requires a mechanical engineer who is knowledgeable in commercial thermodynamics more so than a civil or electrical engineer in general.
Attorneys should seek engineers with advanced degrees from reputable schools and professional engineer’s licenses. The number of peer-reviewed papers written or conference presentations made by experts also reinforces their expertise as thought leaders. During the court proceeding(s), it will be the opposing counsel’s job to find any flaws in the expert’s qualifications to discredit him. A clean academic and professional record is a barrier to such attacks and helps the judge and jury to see that the individual has a valid right to present himself. A clean academic and professional history provides a buffer against these attacks, and instantly establishes the credibility with the judge and jury.
The Art of Translating Complexity to Clarity
Brilliant analytical skills are not much use to an engineer if they can’t put them into words for a room full of non-engineers. The proper job of an expert witness is to make some very technical jargon into something that is easily understood to the layman, but not so easy that the science is twisted. The jury is made up of ordinary citizens who may not have a background in physics or calculus, so they will quickly tune out when the witness speaks in a language all his own, consisting of equations and acronyms used only in the industry.
The very best expert is really a instructor. They need to be able to communicate their ideas, using straightforward language, clear visual aids and logical narrative structure, when explaining more complex concepts, such as the process of metal fatigue or an electrical overload causing a fire. If an expert can get the juror to feel like a genius by helping him or her understand the failure, a strong bond of trust is created, which can help him or her tip the scales in that expert’s favor.
Objective Analysis and Unshakeable Demeanor
One of the most common mistakes of expert testimony is an appearance of bias. Whether retained by the plaintiff or the defendant, an engineering expert witness must remain unbiased and only base opinions on the facts presented in the case. If the witness is too enthusiastic to please the attorney or if he or she has to embellish the facts to fit a weak theory, one will soon lose the court’s trust. The best experts are the ones who will seek to do a thorough investigation, independently, and then be prepared to give a tough answer to the lawyers in the preparatory stages of the case.
This objectivity has to be matched with a never-faltering attitude in stressful situations. Cross examination may be a very aggressive and confrontational process in which cross-examining counsel tries to confuse, fluster or provoke the witness. The very best expert maintains a sense of calm, politeness and composure throughout this process. Even if their approach is questioned, they don’t get defensive; they stick to solid facts and sound engineering principles, and are confident and emotionally mature when they repeat their conclusions to the jury.
Conclusion
Choosing a particular engineering expert witness can be the deciding factor in a lawsuit. Legal teams can ensure the effective presentation of their technical evidence by focusing on team members who have a combination of technical expertise and strong communication skills that also have an objective and non-emotional approach. Finally, the ideal expert witness is not trying to win a case, but rather, is trying to teach the court. An engineer’s ability to simplify complex problems is crucial when forming a foundation for fair and just legal conclusions, and his/her staunch support of rigorous scientific analysis is essential for all facets of engineering.
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