Our Expert Opinion Admissibility Checklist© gives you both a report of the law involved and also the 25 bulleted points you should cover in your preparation and examination of your own expert witness.
Fail to ask the expert to testify about items in the Admissibility Checklist, and you may find yourself in the hallway outside the courtroom trying to explain to the client why you no longer have a case to get to the jury. The ideas presented, in checklist format, will have a dollar value greater for you than the cost of buying this before your next deposition or trial testimony by an expert.
In recent years many lawyers have seen their cases collapse because their expert’s opinion was excluded from evidence. You do not want to be one of those lawyers! (Read the article “Expert Flunking the Gatekeeping Tests – the Consequences”. Written by the author of our checklist, the article has received notice, and been published elsewhere, as alerting both the lawyer and also the expert to the dangers of missing admissibility.)
The United States Supreme Court’s Daubert opinion states that when expert testimony is offered in federal courts, the trial judge must make at determination about admissibility — whether or not objection is made. Most states have adopted similar rules, either formally or by case opinion.
Now here is the real kicker, that can rise up when you do not expect it — if there is no foundation in the record, the trial court after the close of the evidence can reverse itself and can strike the expert’s opinion as having no foundation.
I repeat — a ruling as to the admissibility of expert testimony can come not only before or during the admission of evidence, but also during a motion for directed verdict or during a post-trial motion. You must always have the adequate foundation in the record, even if the trial court initially lets the opinion into evidence. You cannot gamble that the trial court (or an appeals court) will not strike the opinion after the close of the evidence and then grant a motion to dismiss your case or defense! You should always use a checklist on admissibility.
We show you the 25 points that you should consider having your expert explain during his testimony. Use them if you want the opinion to get into evidence, and stay in evidence.
Even if your state is not one of those which have adopted Daubert style requirements, using our bulleted 25 points in your expert’s testimony will make your expert more convincing to the jury.
Expert Opinion Admissibility Checklist© starts with a brisk report telling you the factors involved in the gatekeeping requirements. The gatekeeping requirements are what the court is thinking about to keep the gate closed to your expert’s opinion.
The report is important. You are not the only one who needs to read it. Also , give it to your expert to read. An expert witness should be prepared to withstand questioning under Frye standards or those applied under the Daubert test. Both the attorney and also the expert must understand Frye v. United States, Kumho Tire Company v. Patrick Carmichael, and Daubert v. Merrell Dow Pharmaceutical, as well as the qualifying standards used in the state court in which the expert is called upon for testimony. In addition, an expert should be familiar with Federal Rules of Evidence 702, 402, 703 and 706, or (if the expert testimony is in state court) the similar state court rules. An expert who is knowledgeable about and comfortable with the legal aspects of being an expert witness becomes a more effective and therefore more valuable expert.
The report and checklist can be used by you for both offense and defense. Use it to get your expert’s opinion into evidence; use it to keep your opposition’s opinions out.
IMPORTANT: Let me recap…
- Expert Opinion Admissibility Checklist© will show you the critical items to cover.
- Expert Opinion Admissibility Checklist© is an easy to use tool.
- Expert Opinion Admissibility Checklist© is what you need, to prepare for the deposition of your expert, or to take the deposition of the adverse expert.
- Expert Opinion Admissibility Checklist© is the difference between “being prepared” and just “being there”.
- Expert Opinion Admissibility Checklist© will keep you focused, not fumbling like an amateur.
- Expert Opinion Admissibility Checklist© Checklist is a very low investment with a high value return.
The fact is, just the FEELING of being prepared for one case alone must be worth $27. Expert Opinion Admissibility Checklist© lets you go forth to the deposition or trial in the confidence of preparation. Consider your small investment a little “emotional insurance policy”.
You get a great checklist, saving you lots of research time and making you and your expert prepared, for the introductory price of only $27.
Plus, you don’t have to worry about getting your money’s worth because if you are not delighted , you’re completely protected by my “100%, No Questions Asked, Money Back Guarantee!
This is your invitation to become a part of the small handful of attorneys who get to take advantage of this power tool.
All The Best,
Leonard Bucklin, Civil Trial Attorney
If Expert Opinion Admissibility Checklist© saves you just one case from collapsing – ever – it will have paid for itself many times over. Attorneys who are using my system right now are saving themselves worry every month.