Expert Witness

Expert Witnessing

EXPERT WITNESS TESTIMONY:  THE "IFs" AND THE "THENs"-- A CONTESTABLE HYPOTHESIS* Michael Sean Quinn, Ph.D, J.D., Etc. 2630 Exposition Blvd  #115 Austin, Texas 78703 (o) 512-296-2594 (c) 512-656-0503 mquinn@msqlaw.com Almost all acceptable expert opinions...

The Logic of Expert Opinions and Testimony

Michael Sean Quinn, Ph.D, J.D., Etc. 2630 Exposition Blvd  #115 Austin, Texas 78703 (o) 512-296-2594 (c) 512-656-0503 mquinn@msqlaw.com EXPERT WITNESS TESTIMONY:  THE "IFs" AND THE "THENs"-- A CONTESTABLE HYPOTHESIS* Almost all acceptable expert opinions...

Texas Law & the Use of Expert Witnesses

The Texas Supreme Court recently decided on a very significant case on legal malpractice. The following is the major theme on the "surface" of that opinion. Elizondo v. Krist, ___ S.W.3d ___ [2013 WL 4608558] (Tex. Aug. 30, 2013) Some Fundamentals Virtually all legal...

“Madam. Are you certain today?” [Sketch I]

There is a species of questions with respect to which witnesses (including expert witnesses) must be extra-careful. The category questions certainty. Often the question takes a simple and explicit form. The witness has said something clearly and straightforwardly,...

Expert Witness: “Objection. Not Responsive” Whose Objection?

Here is what might be called: The Lawyer's (L's) Own Witness Problem An expert witness is giving a deposition. There are three lawyers in the room.  The expert witness is giving an opinion in the hire of P (or, presumably on behalf of P).  The three lawyers are (1)...

BIG DATA, BIG LAW FIRMS & BIG BULLSHIT

According to the Gartner IT Glossary: "Big Data"* is high-volume, high-velocity, and high-variety information assets that demand cost-effective, innovative forms of information processing for enhanced insight and decision making. This is more or less how the idea of...

Expert Witness: What Not to Do

Earlier in 2013, there was a legal malpractice case involving the FDIC and a group of lawyers representing a Florida bank. The issues involved standard of care and legal ethics. The FDIC's expert witness was Lawrence Fox, a heavy hitter when it comes to these issues. ...

Expert Witness Testimony: A Frequent Error

The other day, I testified in a case and made a standard mistake. Given the number of times I've testified over the years, you'd think I would have learned what not to do. I have forgiven myself by remembering how many expert witnesses have made exactly the same...

Deposition Witnesses and Leading Questions

More On Depositions I have discussed in at least one previous blog, how leading questions can be effective, not only in trials but also in depositions. I have suggested that litigating lawyers take courses in how to do this more and more adeptly, and then again and...

An expert witness, particularly in common law countries such as the United States, is a person whose opinion by virtue of education, training, certification, skills, or experience, is accepted by the judge as an expert. Expert witnesses may also deliver “expert evidence” within the area of their expertise. (Visit Expert Witness Testimony to learn more).

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Quinn Quotes

Variations can be small, or they can be large. No total variation can be both small and large at the same time. If one thing is totally a variation on another, then no part of the second will be something other than a variation on the first. (This is probably an analytic truth too, even in the post modern age, though the classical examples are easy: “All bachelors are unmarried male adults,” may not be.  This is another example of the influence of the power of social change.~Michael Sean Quinn, PhD, JD, CPCU, Etc.Tweet

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Michael Sean Quinn, PhD, JD, CPCU, Etc*., is available as an expert witness in insurance disputes and other litigation matters. Contact