How to Make Expert Witnesses Interesting by Gretchen Mandekor, OTLA Guardian Some expert witnesses are just plain dry and boring. What can you do to spice up a vapid stuffed shirt’s testimony and make them interesting to the jury? It’s simple: do not retain them in the first place. Find a better expert witness. Expert selection is paramount. Once you have a desirable expert, preparation is key to ensuring your expert’s testimony is compelling and interesting. When you present the expert’s direct testimony, preparation is key. Upon cross examination and redirect, preparation is key. As in all things related to every aspect of trial, the key to success is preparation, preparation, preparation. Expert Selection The first step in making an expert witness interesting is to find a good expert. I am generally not a fan of expert witness vendors. I have had far better expert karma by doing my own research. The very best way to find a great expert is to ask around. Pick the brains of highly respected trial lawyers who actually try cases. Ask other experts in the field who they respect in their own fields or other related fields. I have found a number of excellent medical experts by asking my med mal attorney friend for names. I found the very best ER doctor witness by asking my favorite orthopedic surgeon if he knew of one who would do well in front of a jury. I found the best specialized warnings expert by picking my favorite human factors engineer’s brilliant brain. Do your own research and find a green expert who has never testified. I needed an expert in a riverbank erosion case once, and simply through internet research and calling around, I found a fluvial geomorphologist who was a professor at OSU and was willing to talk to me. I did not even know what type of expert I needed until I started researching erosion adjacent to rivers. This highly specialized scientist fit the bill perfectly and, serendipitously, he was personable to boot! Do not limit your inquiries to other lawyers or expert witnesses. Ask friends, family, acquaintances, neighbors, your accountant, veterinarian, housecleaner, pretty much anyone you connect with for any reason. You may be surprised who people around you are connected with. Just recently, my co-counsel found a kayaking instructor expert who is a friend and neighbor of his sister. Bring up your needs in conversation with people from all walks of your life. Find out who the people you know may know. The best expert witnesses are good teachers. The very best expert witnesses also have charisma and are engaging and interesting to listen to. They are passionate about their field of expertise and they are good at explaining it to people who know nothing about it in a concise, captivating way. They provide clear examples and analogies to illustrate complex concepts in their field in ways that anyone can understand. Overall Expert Preparation It is of the utmost importance to establish a solid relationship with your experts before calling them to the stand. Spend as much time as possible meeting with them face-to-face on as many occasions as possible before trial. Eat a meal together. My favorite thing to do is to have dinner with my expert at a nice restaurant the evening before calling them to the stand the next day. When people break bread together, it tends to create a bond. The more time you spend together and the more you connect, the more smoothly your direct examination and redirect will flow. When you have a personal connection, it will be subconsciously palpable to the jury and the testimony will pique their interest. They will pay more attention and enjoy the presentation of evidence, no matter how dry the topic may be. Because the topic will not be dry! You and your expert will make the topic interesting together. GRETCHEN MANDEKOR’S practice focuses on representing plaintiffs in personal injury lawsuits and the defense of legal malpractice matters. She frequently serves as a mediator and arbitrator in first and third-party personal injury cases. She is a member of OTLA Guardians. Mandekor is the owner of Mandekor Law Firm PC, 909 SW St Clair Avenue, Portland, OR 97205. She can be reached at [email protected] and 971-414-2664. See Retaining and Using Experts p. 42 41 Trial Lawyer | Winter 2025
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