A graduate of Charleston School of Law, Stephen Krzyston practices criminal defense and wrongful injury law at Cavanaugh & Thickens in South Carolina. Stephen Krzyston is responsible for managing all aspects of criminal cases at the firm, including legal research, client communication, and expert witness management.
As an attorney, you don’t want any surprises coming up when an expert witness is called. Because of this, it’s essential that you vet every expert witness carefully by conducting a thorough background check. This check should reveal any criminal history of your witness, along with any board sanctions, malpractice claims, litigation history, professional licenses, and subject matter expertise. Having this information in hand ensures your witness’ credibility won’t be challenged by the opposing side.
However, simply completing a background check isn’t enough to properly vet an expert witness. Instead of relying solely on this, take the extra time to look into prior testimony given by your expert witness. Check for any inconsistencies in their previous statements, such as remarks that contradict their current position on various topics. On top of that, pay close attention to discrepancies or gaps in your witness’ background. Any discrepancies or gaps in your expert’s history may be brought up by the opposing lawyer and used to discredit their testimony in court.
Finally, make sure your expert witness is not biased toward the defense or plaintiff in the case. This is particularly important if you are handling a product liability suit where your witness might be tied to the particular industry involved in the case. Even outside of this sector, bias in expert witnesses increases the chance that your witness will be challenged and discredited.
