Christine Funk, J.D.

Affidavits of merit, sometimes referred to as a certificate of merit, in the most general of terms, are affidavits signed by an expert in the field, attesting to the merit or merits of a claim.  Depending on the state, affidavits of merit may be required in medical malpractice claims, legal malpractice claims, and other claims

Posted on January 25, 2018 in Working with Experts

If you have a case involving expert witnesses or the potential for expert testimony, it is never too soon to consider challenging the opponent’s expert under Daubert.  There are both legal and strategic advantages to Daubert challenges. The Daubert Standard Generally As a preliminary matter, a brief explanation of the Daubert standard is in order. 

Posted on February 13, 2018 in FRE, Daubert, & Frye

If you have a case involving forensic science, it’s a good idea to hire a forensic expert witness. However, before you go out and hire the first forensic scientist you find in the relevant field, consider why you are hiring a forensic expert witness.  Reasons to hire a forensic expert include the following: Gathering background

Posted on February 15, 2018 in Working with Experts

When you are deposing the other side’s expert witness, preparation and consideration of strategy are essential components to success.  Areas of attack include: The integrity of the evidence A particular scientist’s work The conclusions of the scientist Competence of the scientist Challenges to the science itself The reliability of the laboratory in question Finding common

Posted on February 20, 2018 in Working with Experts

  If you are using an expert in your case, you may or may not, be required to disclose the witness. However, the rules for disclosure of expert witnesses differ depending on the type of expert you elect to retain. Because of this variation, it is a good idea to put some thought into what

Posted on February 27, 2018 in Working with Experts

As a general rule, it is up to the lawyers, not the experts, to determine what evidence must be presented in court to meet a specific jurisdiction’s admissibility standards.  That having been said, experts often want to know the requisite standard, as doing so allows them to better prepare for both direct and cross examination. 

Posted on March 13, 2018 in FRE, Daubert, & Frye

Locating, retaining, and employing effective expert witnesses can make or break a case.  As soon as it becomes evident a case will benefit from an expert witness, attorneys should start reaching out to colleagues looking for referrals.  It is rare for an attorney to conclude that they brought an expert witness in too soon. In

Posted on March 7, 2018 in Working with Experts

When an Expert Just Isn’t Right for Your Case When hiring an expert witness for litigation, it is important to remember that although you can buy an expert’s time and expertise, you cannot buy their opinion. Any expert worth their salt will not compromise their reputation or principles for the sake of achieving their attorney

Posted on March 22, 2018 in Working with Experts

The function of an independent medical exam is to independently evaluate the nature and extent of injuries or conditions, so as to adequately assess whether the treating physician’s conclusions about ability and disability are correct. However, independent medical exams are often treated by fact-finders with suspicion. As a preliminary matter, let’s begin by defining the

Posted on April 3, 2018 in Working with Experts

Cross examining expert witnesses can be daunting. After all, you are challenging someone who has made their career understanding the topic. You should spend a considerable amount of time preparing cross examination questions with your own expert’s help before attempting to challenge the others side’s expert. If you’ve selected a winning expert witness, then they

Posted on April 3, 2018 in Working with Experts