In this episode…
Our guest, Mr. Richard Leisner, is a senior corporate and securities transactional attorney at Trenham Law and an expert witness in high-stakes business litigation and legal malpractice actions. He has been included in Tampa Magazine's Top Lawyers List and is a published author. Mr. Leisner holds a JD from the University of Pennsylvania.

During cross-examination, while getting into the rhythm of answering questions, the opposing counsel can trick you if you aren’t careful. Mr. Leisner recommends processing each question as it comes, making sure you fully understand it before answering—or asking for clarification when you don’t. Good lawyers will prepare experts for this tactic, but it is important to remain thoughtful, without slipping into automatic answering.

Check out the episode for our full discussion, including hourly engagements, tracking your opinions over time, and personal conflicts.

In this episode…
Our guest, Gregory Herman-Giddens, is a trust estate and tax attorney, president of the Trust Council law firm, and President of Trust Protector, LLC, which provides trust protector services domestically and abroad. Additionally, Mr. Herman-Giddens is an experienced expert witness and holds a JD from Tulane.

Most experts in the trusts field are attorneys as well, while the retaining attorney may not be a trusts expert, according to Mr. Herman-Giddens. This presents an opportunity for the expert to help “pick apart” the opposing side’s arguments in pleadings. Attorneys appreciate experts who leverage their expertise to find these opportunities in this manner.

Check out the entire episode for our discussion on billing, working in different states, and work-life balance.

In this episode…

Our guest, Jon Bond is the chief ‘tomorrowist’ at Tomorro LLC (stylized TOMORRO\\\), a virtual holding company that operates as a consultancy. With over 40 years of experience in direct marketing, Mr. Bond is a sought-after expert witness, specializing in misleading/deceptive marketing practices, telemarketing, and call centers.

Communicating with a jury is a lot like pitching in the advertising world. It is crucial to communicate your opinion in a way that is easily understood by the audience, in a concise but thorough manner. While most do not have Mr. Bond’s background, everyone has purchased a product or service based on advertising, and the parallel to jurors is intuitive.

Check out the entire episode for our discussion on expert expectations, storytelling, and more.

In this episode…

Our guest, Mr. Robert Borders is a longtime marketing consultant with Optimal Business Solutions, where he specializes in customer interactions and process efficiency in all aspects of direct marketing. He has assisted customers in a broad range of industries, ranging from entertainment to healthcare, and beyond. Mr. Borders is an experienced expert witness, with over 30 years of experience.

Experts have the opportunity to aid in the discovery process, because they possess industry experience “beyond the ken” of laypersons, according to Mr. Borders. Attorneys do not always know what they don’t know, and therefore, may have missed an opportunity to discover evidence that the case may turn on.

Our guest, Dr. Nasser Heyrani, is a Harvard Fellowship-trained, board-certified orthopedic surgeon. He is a published contributor to numerous academic studies, a speaker at national conferences on stem cell regenerative therapies for orthopedic injuries, and an expert witness. Dr. Heyrani holds an MD from UCLA.

In this episode . . .

Orthopedics, like other medical fields, is rapidly advancing, and it is impossible to absorb every study, journal, and technique. While keeping current is crucial, Dr. Heyrani notes that there is a great deal of pressure to publish, creating a situation where experts need to be selective when choosing the best sources for enhancing their knowledge.

Check out the full episode for our discussion on preliminary calls, changing technology, and breaking down complicated concepts for more understanding.

In this episode…

Our guest Glenn Bierman is the founder of Tycon Partners, a full-service management consulting advisory firm. He is an experienced expert witness with over 30 years of experience in a range of capital markets matters, both at trial and in alternative dispute resolution.

A picture is worth a thousand words, and Mr. Bierman, a former kindergarten teacher, observes that visual aids are a boon to laypersons, whether children or adults. He prepares his own visual aids to quickly present information in a digestible manner and has had success in doing so.

Check out the full episode for our discussion on experts in arbitration, billing, and double-checking your work.

In this episode…
Our guest, Johnathan Klane, is the Senior Safety Editor for Lab Manager Magazine, where he writes about risk, persuasion, story science, and more. He is an experienced expert witness and a Ph.D. candidate in Human and Social Dimensions of Science and Technology at Arizona State University.

According to Mr. Klane, humans have evolved to best understand and internalize data in the context of stories. Through this inane connection, expert witnesses can use storytelling to express their opinions to judges and juries more persuasively.

Check out the whole episode for our discussion on effective communication, including metaphors, anecdotes, and the role of levity in court.

In this episode…
Our guest, Dr. Charles Parekh, is the managing director of NERA Economic Consulting, where he lends his experience in economics to high-stakes litigation, arbitration, and regulatory settings. He has over 20 years of expert witness experience and holds a PhD in public finance from New York University.

The best engagements require that everyone is on the same page before getting started, which is why Dr. Parekh recommends carefully crafting engagement contracts. He cautions against working on contingencies, which can put experts in a financially tenuous position, as well as indemnity clauses, which may show a lack of good faith.

Check out the entire episode for our discussion on the changing expert witness landscape, working in trial teams, and academia vs experience.