Using Discretion

The importance of knowing what to say — and what not to say.

1 MIN READ

An expert witness is generally the type of person who enjoys sharing knowledge to create some kind of good, whether it be to win a case or educate others.

However, this instinct can create a problem in certain cases. At the beginning of a job, for instance, experts should only share enough of their interpretation of the case so that the attorneys can get a sense of his or her qualifications.

Do not render an opinion or give too much information. For one thing, if the expert becomes too close to the case, he or she can’t get hired by the other side, should the first client decline. And if the attorney believes they’ve received enough information from the potential witness to help guide the case, they may feel they don’t need to pay for the services.

This truism also holds when an expert is testifying in court. Though an expert witness is not supposed to be an advocate for the client, a good one also won’t help the other side build a case.

Leave it up to the attorneys to ask the questions and don’t volunteer extra information.

About the Author

Rebecca Robledo

Rebecca Robledo is deputy editor of Pool & Spa News and Aquatics International. She is an award-winning trade journalist with more than 25 years experience reporting on and editing content for the pool, spa and aquatics industries. She specializes in technical, complex or detail-oriented subject matter with an emphasis in design and construction, as well as legal and regulatory issues. For this coverage and editing, she has received numerous awards, including four Jesse H. Neal Awards, considered by many to be the “Pulitzer Prize of Trade Journalism.”