Selecting the right expert witness can be a complex and high-stakes decision that directly affects a team’s litigation strategy. Attorneys often turn to seasoned professionals who are familiar with courtroom procedures, cross-examination tactics, and the demands of trial testimony as these experts are invaluable in many cases, offering the predictability and reassurance that comes with experience on the stand.
However, there are times when the most suitable expert is someone with specialized knowledge in an emerging field, even if they are new to testifying. Cases involving rapidly evolving and emerging industries, such as cryptocurrency or advanced robotics, often require expertise that veteran witnesses may not possess. While newer experts may need additional preparation, they can offer fresh insights and technical depth that can strengthen a case.
To explore the value of these emerging testifying experts, we spoke with several members of the DOAR team to gain insights on addressing client concerns, shifting perceptions, and how strategic preparation can turn fresh talent into indispensable litigation assets.
Addressing the Misconceptions Around New Experts
First, we spoke with Jeffrey Dorfman, DOAR’s Director of Business Development, to understand how first-time expert witnesses are perceived within the legal industry and how attorneys can maximize their potential.
Q: What are some common misconceptions about retaining first-time expert witnesses?
Dorfman: A common misconception about first-time expert witnesses is that they inherently lack credibility. Many attorneys assume that without prior testimony experience, these experts will be less persuasive on the stand. In reality, credibility is built on qualifications, clear communication, and the ability to remain composed during cross-examination—none requiring extensive courtroom experience. With proper preparation, including mock cross-examinations, first-time experts can perform just as effectively as their seasoned counterparts.
Another concern is that newer experts may struggle with breaking down complex concepts for a judge or jury. However, many have teaching or public speaking experience that equips them to explain technical information in an accessible way, which is sometimes even more effective than long-tenured experts. There’s also a belief that judges and juries inherently prefer experienced experts, but objectivity, clarity, and specialized knowledge often carry more weight than prior courtroom appearances.
Q: What feedback have you heard from judges regarding testimony from highly qualified professionals who are new to serving as expert witnesses compared to those who frequently are on the witness stand?
Dorfman: Judges often prioritize clarity and substance over a witness’s testimony experience. In fact, they have remarked that first-time expert witnesses sometimes provide more precise, straightforward testimony compared to seasoned experts who may resort to jargon or overly technical explanations. While some judges have observed moments of nervousness from first-time experts, they tend to focus on the substance and accuracy of the testimony rather than the witness’s comfort level on the stand.
Interestingly, judges can be skeptical of experts who testify too frequently, viewing them as “hired guns” rather than impartial professionals. First-time experts, by contrast, may come across as more objective and credible. Ultimately, judges care more about the expert’s qualifications, sound methodologies, and ability to withstand cross-examination than how often they have taken the stand.
Q: What strategies have you found effective for helping attorneys communicate to their clients the potential advantages of an expert who is new to testimony?
Dorfman: Emphasizing the expert’s objectivity is often key—positioning them as an impartial professional rather than a “hired gun” can enhance their credibility. Clients also respond well when the expert’s real-world industry experience is highlighted over courtroom experience, reinforcing the depth of their knowledge in the field.
Cost-effectiveness is another important consideration. First-time experts often provide equal or greater expertise at more reasonable rates compared to seasoned experts. Arranging mock direct and cross-examinations to ease concerns about courtroom performance can demonstrate the expert’s communication skills and ability to stay composed under pressure. Finally, reassuring clients about the preparation process—including practice sessions and a thorough review of case materials—can instill confidence that the expert will perform effectively on the stand. As a side note, engaging with a trial consulting company that offers witness preparation services can be worthwhile for experts alike.
Engaging New Experts
Next, we turned to DOAR Case Director and attorney Jeremy Scholem and his teammate, DOAR Case Manager and Ph.D. recipient Allyson Dixon, to share their perspectives on liaising with attorneys and new experts.
Q: How do you assess and validate the qualifications of first-time expert witnesses compared to those with extensive testifying experience?
Scholem: I approach this in two key ways. First, I shift my interviewing style to focus more on evaluating their potential rather than relying on a proven track record. This means not only rephrasing questions but also asking significantly more about their teaching and public speaking experience. I incorporate a mix of broad and targeted questions to gauge how well they listen, process information, and respond with clarity and discipline. Additionally, I seek out any available public speaking videos to assess their presentation skills and overall presence.
Dixon: For first-time experts, I focus primarily on their academic publication record, research experience, and ability to communicate complex concepts to non-experts clearly. Whenever possible, I review any available videos to observe their communication style and demeanor. Lecture recordings, especially from academic settings or conferences such as the National American Chemical Society Meeting, are particularly valuable for assessing their presentation skills and engagement with an audience.
Q: Are there certain types of cases that would be ideal for a new expert?
Scholem: Cases involving large groups of experts present an excellent opportunity to introduce new voices. Bringing in a fresh expert can break the monotony that sometimes arises when relying on a series of emeritus professors who may sound as though they’ve testified dozens of times. A new expert often brings a more dynamic presence and genuine energy that can resonate with judges and juries.
Dixon: New experts may be particularly well-suited for cases involving recent technologies or IP disputes since these areas create a more level playing field where even experienced experts have limited practical exposure to the subject matter.
Q: Can you describe a case where DOAR recommended a first-time expert for expert testimony? What was the feedback from the attorney(s) who retained the expert?
Scholem: One of my favorite success stories with a new expert involved a client seeking expertise in the surgical robotics field. We were working with several Columbia Engineering graduate students who were helping us research to build teams in their fields, and one happened to be completing a Ph.D. on the exact question the client needed an expert on. He started working directly with the client as a consulting expert, but they liked him so much that they decided to move forward with him as their main testifier. We received one of the most common pieces of feedback on first-time or relatively new experts – that their excitement and enthusiasm for a new type of challenge more than compensated for their limited experience on the stand.
Dixon: One great example is an expert who we recommended for a case involving containerization technologies like Docker and Kubernetes. Despite holding only a bachelor’s degree at the relevant patent priority dates, his deep, hands-on knowledge of the technology and engaging communication style made him a standout choice for the attorneys. During recent mock ITC trials, his enthusiasm and ability to simplify even the most complex technical concepts truly impressed the group. Not long after, we were contacted by attorneys eager to speak with him for a new matter! It was great to hear that one of our first-time experts had a lasting impact.
How DOAR Can Help Find the Best Expert for Your Case
At DOAR, we recognize the importance of both seasoned and newer experts. Our role is not just to identify top experts with the right credentials but also to find the next generation of leading testifying experts. Through rigorous vetting, we ensure that newer experts meet the same high standards of clarity, objectivity, and reliability that our clients expect. With our proven track record of success, we can help you broaden your expert pool and find the right fit to strengthen your strategy and achieve the best possible outcome.
Contact us for more information about our experts – both new and seasoned— and to learn about our expert teams in our areas of focus within life sciences, technology, and more.
