Today, expert witnesses are in great demand. Effective Expert Testimony presents an invaluable guidebook for litigators who want to shape the testimony of their expert witnesses. David M. Malone and Paul J. Zwier, who combine over fifty years of courtroom and classroom experience, examine the rules of evidence and ethics that govern the relationship of experts to lawyers, juries, and courts. The result is a book that will interest experienced attorneys and law students alike. Effective Expert Testimony takes readers from the initial decision to hire an expert to the search for the right expert all the way through the various pretrial and trial activities for which experts and attorneys must be prepared. The book emphasizes many opportunities for persuasion when conducting direct examination of the expert, and underscores the work that is required to control the expert compared to the lay witness-on cross-examination. The authors look in detail both at the careful steps that must be undertaken in deposing experts and at the tools available for cross-examining the expert. According to Malone and Zwier, to present and to oppose experts effectively the attorney must develop and use a number of skills: attention to detail, patient follow-up, careful organization, and dealing with ego. Throughout the book, the authors emphasize the need to treat the expert―consulting and testifying―as an integral part of the trial team. The shape of the case, as determined by the complaint, answer, and early discovery, reflects the attorney's judgment and the expert's knowledge. The authors stress that attorneys must understand the Supreme Court's recent Daubert trilogy so they can help, or even direct, the court in its gatekeeping function of keeping unreliable expert testimony out of the record. This third edition includes new material on changes in the Federal Rules of Civil Procedure regarding discovery of communications between counsel and expert; changes in the ethics rules regarding experts; and major changes regarding experts and the Confrontation Clause in criminal cases. This edition also includes new Supreme Court decisions applying Daubert and Kumho Tire and includes a new chapter on cross-examining expert in an international commercial arbitration.
A number of attorneys have read Effective Expert Testmony and this is what they have to say:
Michael R. Feagley, trial lawyer and partner with Mayer, Brown & Platt in Chicago, Illinois, says that Effective Expert Testimony is "... in the same class with Dennis Suplee's The Deposition Handbook and Thomas Mauet's Trial Techniques." He also says that "Malone and Zwier provide excellent analyses of the practical effects of applicable rules of procedure and evidence, and a first-rate discussion of Daubert and its progeny. I will recommend that our litigators put it on their office library shelves."
Donna R. Davis, of the Davis Law Firm in Knoxville, Tennessee, has this to say about the book: "Effective Expert Testimony is a great resource for fast answers to frequently asked questions regarding expert witnesses. Well-written, easy to read, and filled with useful information, this book is a great addition to any lawyer's library."
Michael H. Ginsberg, of Jones, Day, Reavis & Pogue, Pittsburgh, Pennsylvania, says: "Effective Expert Testimony is a valuable treatise on working with, presenting, and cross-examining expert witnesses. In a remarkable, thorough discussion of the variety of issues and concerns attorneys face in dealing with experts, Zwier and Malone provide useful insights, techniques, and solutions. For the experienced trial lawyer, Effective Expert Testimony will hit home as over and over the reader will say, 'That's what I do; now I understand why.' For the novice, Effective Expert Testimony will sharply reduce the learning curve by providing a road map to this important and difficult piece of trial practice. In addition, Effective Expert Testimony is written in a manner that makes it accessible for the non-lawyer. Because it is so accessible, it should be required reading for every expert who plans to testify in court."
Fred H. Bartlit, Jr., of Bartlit, Beck, Herman, Palenchar & Scott, Chicago, Illinois, says: "These days almost every case involves multiple experts. But the ins and outs of working with experts has received relatively little attention. This book fills that gap. It provides an important service for all trial lawyers who are working with expert witnesses. Zwier and Malone also provide good practical advice on the expert's trial presentation, particularly on the use of exhibits and fruitful approaches to cross-examination. The discussion of Daubert and Kumho highlight the new concerns that lawyers must keep in mind throughout the expert engagement."
