02/09/2026
What makes a good expert witness?
It's a risk! Putting someone into a case comes with risk. Will they present evidence in a way that strongly supports your case? Will they withstand cross-examination?
In this field, reputation is everything, and legal teams put themselves on the line when selecting expert witnesses.
I get it. I've seen expert witnesses make or break cases many times. With how much importance it carries, what is it that makes the perfect expert witness?
For me, this is what it comes down to:
1. Everything backed by evidence.
The assessment you choose? Why this one and not another? How is it valid and reliable, and how does it support the opinion you formed? The way you interpreted the results. Your recommendations. The claims you make. All of it. You need to have the strongest evidence-based record of proven research for everything you do and say. You must reference it and be prepared to explain it in detail. A lot of being an expert witness is about critically analyzing research and gathering it in an undeniable way. Justification comes from evidence-based evaluation.
2. Imagining you are the opposing counsel.
How would you discredit yourself? Find the gaps in your own work. How would you argue against your findings? What research goes against your claims? And then, you fill those gaps. You identify and strengthen any weaknesses so you are prepared to answer the difficult questions with strength and confidence.
3. Checking. Checking. And more checking.
We all witnessed a psychiatrist fall to pieces on the stand over a misplaced comma in a recent trial. Fact-checking, grammar checking, check everything!
4. The language you use and the knowledge you have.
Be prepared to verbalize your knowledge. "I don't recall" or "to the best of my knowledge" is weak. It's your job as an expert to know all angles and to answer all questions related to your work, claims, and area of expertise. Research, prepare, and know your stuff. Prepare your language to verbalize your claims: "There is a clear explanation found in repetitive research conducted over...".
I value the legal network I'm building here at Thoughtful Movement. Together we can produce higher-quality work! Be sure to follow us on LinkedIn.
Please comment: What are the top things that expert witnesses should or should not do?