If you fear the topic is just plain dry and you are struggling to make it interesting, find out why your expert went into the field and determine what it is they are particularly passionate about. Find a way to highlight their passion during their testimony. Most experts will light up when you ask about their passion, and hopefully the jury will light up in turn, or at least pay attention. Practice the expert’s testimony as many times as needed before trial. This way you will find out how your expert responds to questions and how much or how little schooling they need. Some experts are just innately good witnesses. Others have learned how to be good witnesses through experience and coaching by skilled trial attorneys. Most need some instruction. Some need a ton of instruction. They must not ramble on incessantly and they must not go off on tangents. They must be clear and concise and follow your lead. They must make the points you want them to make and they must explain the basis for their opinions. Encourage them to weave in stories and illustrative examples or analogies from everyone’s life experience to explain the concepts they are testifying about. Preparation for Direct Examination of Your Expert When you qualify your expert as an expert, subtly weave in an interesting fact or two about their background, just a brief reference, in passing, to personal tidbits that are of note, even if off topic. If opposing counsel objects to these, hopefully it will just perturb the jury because they wanted to hear about some fun personal stuff, like the fact that your expert is also an involved grandparent of twin toddlers, a rock climber, a falconer, a poet or an opera singer. These things make witnesses memorable. Always use demonstratives. Ask your expert to brainstorm and suggest some interesting visuals that will help educate the jury and illustrate their points. Perhaps your expert may be willing to build a 3-D model to help educate the jury or identify some images you can have blown up on old school foamcore board or projected via a slide show. Get your expert up and moving around the courtroom. Have them draw on butcher paper or point out key things on demonstrative exhibits. I like to hold up a demonstrative image while my expert testifies about it and points out things of note. This creates more of a connection between us, which keeps the jury interested. I like to have experts make lists of key points or elements of a concept on butcher paper mounted on an easel. If this testimony is particularly compelling, I use the expert’s own list in closing argument and sometimes even offer it into evidence. I reiterate this point because it is so important: do not let your expert ramble on and on or go off on tangents. It is your job to rein them in and refocus them on your main points when necessary. Nothing is more snooze-worthy than a rambling, pontificating expert. Do not let your expert focus on what they want to focus on unless it is one of your main points. Retaining and Using Experts continued from p. 41 “[D]o not let your expert ramble on and on or go off on tangents. It is your job to rein them in and refocus them on your main points when necessary. Nothing is more snooze-worthy than a rambling, pontificating expert.” 42 Trial Lawyer | Winter 2025
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