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What All Experts Have In Common: A Five-Step Analytic Approach To Dealing With Expert Testimony
By James S. McKay
The title of this article is perhaps a bit presumptuous and almost certainly misleading. After all, professing to know “what all experts have in common” sounds as though I have developed some universal truths about the nature of life or something. Worse yet, it might make it seem as though the subject of experts is simple and can be easily mastered, a view which I can assure you from personal experience is both wrong and dangerous to you and your clients. The truth is, we should never underestimate the ability of an expert, who usually knows more about his/her field than we do, to shove it down our throats, thus making us look bad and hastening our clients’ demise.
But I chose the title intentionally because I suspect that many attorneys, like me, did not major in science or any other technical field, and have considerable ignorance, aversion, and possibly downright fear whenever the subjects of science or experts are mentioned. For that reason, I wanted to emphasize that, contrary to
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