Expert Witness

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Expert Witness

When a witness is called to give testimony in court, they are expected to state only the facts of the case that they have observed. The job of the court is to then pronounce its verdict in the given case. But sometimes, particularly in common-law countries such as the United States, Australia, and the United Kingdom, an expert witness is called to give an opinion on subject matter that is relevant to their area of expertise. The primary objective of having an expert testify via an explanation, observation, analysis, or description is to assist the court and the jury in appreciating and understanding certain complicated and technical issues, especially those that the court or jury members cannot be reasonably expected to readily comprehend.

“Expert” and “Expert Evidence”

Generally speaking, an expert is somebody who has developed extensive knowledge in a specific subject area and therefore possesses expertise in that subject. They might have acquired such knowledge or specialization in the subject matter through education, training, skill, or experience, but by definition, their level of knowledge should exceed that of a layperson.

Expert evidence is an expert’s opinion provided via testimony. Such opinion should be based on the expert’s independent analysis or observation and should be well founded and thorough enough for the judge or jury to be able to use it to reach a conclusion.

An expert’s testimony is generally admissible in court if it satisfies all the following requirements:

1

The expert’s specialized knowledge or skill would be significant in appreciating the facts at issue or in evaluating the evidence presented

2

The expert’s opinion is backed by sufficient facts and data

3

The expert has used reliable principles and methods in forming the opinion submitted to the court

4

The expert has properly applied such principles and methods to the facts of the case

The court could, however, reject an otherwise admissible opinion if it finds that the expert has not fulfilled all of their duties to the court, including remaining unbiased and independent in forming their opinion.

Any number of expert witnesses might be admissible in a case, depending on the complexity of the matter in question and the value of the dispute. The court could allow either party to obtain its own expert or order both parties to obtain a joint expert, depending on the circumstances of the case.

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The services of an expert witness can be used in a variety of cases and are often so crucial that the expert’s testimony can make or break a case. As a result, these days, many litigations become battles of the experts. Therefore, when choosing an expert to testify in a case, one must find a knowledgeable, objective, and well-reasoned individual, evaluate their credentials, and assess the admissibility of their testimony.

A variety of expert services are available from Blue Ocean Global Technology, including the following:

TESTIFYING EXPERT WITNESS

As the name suggests, an expert who might be called on in court to testify is called a testifying expert witness, or simply an expert witness. Disclosing the identity of a testifying expert witness is mandatory. Additionally, any reports they have prepared and signed, as well as any other documents they used to prepare their expert report, are “discoverable,” meaning that opposing counsel can examine them in their entirety. A testifying expert witness’s competency in a specific field relevant to the case must always be established via a thorough examination of their credentials because the opposing attorneys have the right to conduct a voir dire challenge of their qualifications, in an attempt to discredit their testimony.

NON-TESTIFYING EXPERT WITNESS

Anyone anticipating litigation or preparing for a trial may hire the services of a non-testifying expert witness to evaluate their case. These individuals are not typically called to testify in court; their job is limited to helping clients prepare their case. In most states, the identity of a non-testifying expert need not be disclosed, and any advice or opinions they provide are considered privileged.

EXPERT ADVISOR

The role of an expert advisor is different from that of a witness because the advisor’s loyalty lies with their client. The advisor aids the client in preparing their claim and is not expected to give evidence in court.

EXPERT CONSULTANT

An expert consultant essentially conducts research to supplement that of the attorneys in a case. They look for information and nuances of a particular case and provide their client with previous verdict reports.

Areas of Expertise

Blue Ocean Global Technology CEO and Co-Founder Sameer Somal qualifies as an expert witness in cases that require substantive and rigorous expertise in internet-related matters, thanks to his profound knowledge and extensive experience in this area. He is not a full-time expert witness but rather an entrepreneur who helps clients resolve internet-related problems and issues. Therefore, where appropriate, he applies his expertise to cases and situations for which he is a qualified fit. He can serve clients as an expert witness in the following areas:

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Internet

Having tremendous experience in digital, technological, and internet issues, Mr. Somal is qualified to provide expert testimony on all types of internet-based software systems and has done so for clients in the past. As an expert on internet applications and websites, he can offer vital testimony in cases involving data infringements, copyright disputes, surveillance over freedom of speech, cyberbullying, cyberstalking, sexual harassment, fraud and hacking cases, and other such issues.

Search Engine Optimization (SEO)

As CEO of a digital marketing company, Mr. Somal can leverage his knowledge of SEO and social media marketing. Having been involved in this field for more than 15 years, and because he is primarily an entrepreneur, he is constantly up-to-date with the latest developments in the industry.

Internet Defamation

Anyone who has been harassed or defamed on the internet and is considering filing a lawsuit, or who is already involved in litigation regarding an internet-related attack, can benefit from Mr. Somal’s services as a highly qualified, objective, and knowledgeable expert witness. With a wealth of experience in such matters, he can accurately and fairly measure the weight of harm done and calculate damages accordingly, taking into account the multitude of factors that can influence financial damages in an internet defamation case. He can provide nuanced, unbiased evidence by delving into the minute details of the case.

Digital Marketing

Mr. Somal’s experience as CEO and co-founder of a digital marketing company and his subsequent expertise qualify him to provide his expert opinion on complex online marketing concepts. He can assist a legal team with investigation analysis, expert witness testimony, and expert reports on issues related to digital marketing.

Online Reputation Management (ORM)

Having worked on numerous ORM cases, Mr. Somal has tremendous experience in evaluating and repairing the damage negative content posted online can cause to one’s reputation. He speaks widely on various digital reputation–related subjects and has been invited to present on the subject of reputation management at multiple industry events. His expertise and knowledge in ORM qualify him to testify on the topic and to explain the factors that make negative and defamatory online content so damaging to one’s reputation.

How Blue Ocean Global Technology Became a Trusted Expert Witnesses Firm?

For the past few years, Blue Ocean Global Technology has been assisting clients whose digital reputation was challenged or harmed to address and solve the resulting issues. We provide them with experts who work diligently on their cases and help resolve them. In 2015, we were approached by multiple law firms that were seeking expert witnesses for their cases. Our team was put to work, and those firms now cite our well-documented client expertise as a main reason they engage us. Many other firms have since employed our expertise as expert witnesses to assist them and their clients with online defamation cases.

We at Blue Ocean Global Technology have formed strong relationships with experts who possess knowledge and experience in particularly useful fields. Before they can serve as expert witnesses, they are asked to confirm their depth of knowledge on an issue or subject given that the court could ultimately rely on their statements to decide a case. That the expert witness knows the intricacies of the topic at hand is therefore essential.

A common misconception is that an expert witness supports only the party that appointed them, but this is not true. The expert’s priority is facilitating the delivery of justice. Sometimes, a party might enlist an expert with a strong reputation in their field, but that person’s scope of knowledge is not very broad. Such an appointment should be rejected because the expert’s lack of comprehensive knowledge might mean that cross-examination by the opposing party or testimony given by another expert witness more conversant in the topic could lead to humiliation. At Blue Ocean, we ensure that our experts are well recognized in their field and have the skill to put what they know to use in the courtroom.

We also ensure that our expert witnesses provide proof of their expertise via a CV and other supporting materials. Moreover, the expert witnesses must not have any ulterior motives or conflicts of interest in the cases to which they are appointed. For all these reasons, Blue Ocean Global Technology has become a trusted expert witness firm.

Considerations for Accepting an Expert Witness Engagement

Blue Ocean Global Technology has a meticulous process in place for scrutinizing candidates to be expert witnesses. Our most important consideration is that the person be comfortable testifying at trial or in a deposition and with giving their expert opinion on the matter before the court. In some circumstances, the personal life of the potential expert witness is examined by the court, so they should be ready to consent to that as well. The scope of the expert witness’s work could expand beyond the court to include on-site investigative visits or report writing. What is also important to us is that the person interested in serving as an expert witness be honest about their level of comfort with what is required for court proceedings. This honesty is beneficial to all involved. If these vital criteria are not fulfilled, we do not proceed any farther. We are thoughtful about the individuals with whom we engage and take all the necessary steps to ensure they are the perfect fit for the requested role.

The Responsibilities of an Expert Witness

  • Sits in on the trial stage of the case to better understand the intricacies

    The expert sits in on the trial stage of the case to better understand the intricacies involved and provide assistance as needed.

  • Might consult with counsel

    The expert might also consult with counsel as to the different propositions and whether they are related to the expert’s domain of understanding.

  • Explains their qualifications to serve as an expert in their field for the court

    During the trial, the expert explains their qualifications to serve as an expert in their field for the court. The court then proceeds with the case, and the expert provides their opinion, based on their understanding of the facts of the case.

  • Answers questions under oath

    Before the trial begins, the expert might be deposed by opposing counsel. If so, the expert answers questions under oath, and a transcript of the deposition is made by the court recorder.

  • Evaluating exhibits that are to be presented during the trial stage of the case

    The expert also assists counsel in evaluating any exhibits that are to be presented during the trial stage of the case. Additionally, they examine the opposing party’s documents and exhibits.

  • Reviewing official documents and conducting independent research

    If the expert agrees with the attorneys’ conclusions, they begin working on the case, reviewing official documents and conducting independent research. The expert witness meets with the attorneys to discuss and decide on a course of action, including possible interrogation or cross-examination, or the performance of key tests.

  • Participating with attorneys

    Expert witnesses become involved in cases with the assistance of the participating attorneys. They review the case to which they have been assigned to confirm whether they agree with the attorneys’ conclusions. If not, the expert cannot move forward with the case in an efficient manner.

  • Assist the court

    A primary responsibility of our expert witnesses is to assist the court. The expert witness is called to testify before the court not because of any prior involvement in the case or litigation but because of the knowledge, expertise, and/or skill they have related to the issue, so as to inform and support the court.

The Difference Between an Expert Opinion and a Lay Opinion

An expert’s opinion is based on knowledge, experience, and/or skill, whereas a layperson’s opinion is based on the circumstances of the case, information acquired or events observed.

Expert Opinion

Rule 702 of the Federal Rules of Evidence states, A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

  • 1 The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
  • 2 The testimony is based on sufficient facts or data;
  • 3 The testimony is the product of reliable principles and methods; and
  • 4 The expert has reliably applied the principles and methods to the facts of the case.

Lay Opinion

Rule 701 defines a lay opinion as being that of a person who is not an expert. It restricts the scope of the lay opinion to one that is

  • 1 Rationally based on the witness’s perception;
  • 2 Helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
  • 3 Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Clearly, the primary difference between the two types of opinion is the requirement of “personal knowledge” in lay opinions. Personal knowledge is defined broadly by the court as the result of observation of an event or situation.

The importance of categorizing witness opinions as expert or lay is important because it affects the disclosure obligation. The expert witness must be more cautious in their approach than a layperson because a greater judicial examination is expected from their testimony.

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