Techniques for Writing Expert Witness Reports

As an expert witness, you’re retained to assist attorneys in understanding case facts, chronologies, and industry standards that impact case strategy.

Techniques for Writing Expert Witness Reports

ByCarolyn Casey, J.D.

|

Published on October 20, 2020

|

Updated onJune 22, 2022

Techniques for Writing Expert Witness Reports

If the hiring attorney intends to have you testify at the trial, they must also supply the opposition with a written expert report where you detail your testimony topics. The information presented in expert reports can have major sway in the outcome of a lawsuit and, as such, there a number of expert-writing best practices to keep in mind. Here, we’ll walk through the most important techniques to ensure a persuasive and thoughtfully composed expert report.

Know the Legal Standards

Expert reports are so fundamental to the legal process that federal law defines their contents. Federal Rule 26(a)(2)(B) requires that expert reports contain the expert opinions to be given at trial and the facts or data considered in forming them. The disclosed report must describe experts’ qualifications, prior expert witness engagements, and what their compensation is for the present case. Experts must sign their reports—essentially certifying their truth and accuracy.

Play Defense

When crafting a report, remember that it will be heavily interrogated by the opposition. Opposing counsel will scour the document to find ways to discredit your testimony. Expect to defend every conclusion you draw with well-reasoned rationale and industry-backed data. What’s more, opposing counsel will use the report for their own case strategy—looking for holes and weak spots to support their version of the matters at hand.

Let Logic Be Your Guide

At the heart of composing a persuasive expert report is setting out conclusions and opinions that are backed up with facts and research. A report could include the results of tests you conducted and explain the details of the methodology you used to arrive at those results. Similarly, if you are opining on the services of a professional in a specific industry, your report would refer to the relevant standard of care. You would spell out how you determined the individual did or did not comply with that standard.

Persuasive expert reports also avoid exaggerated statements. The document should be neutral and informative in tone. You also want to avoid any overstating conclusions—this is an invitation for opposing counsel to challenge you on these points while on the stand. Opposing counsel will attempt to point to any puffed-up conclusions as indicating unsound reasoning. With neutral logic and evidence guiding your writing, a sound expert report will surely follow.

Choose Active Prose

Many experts are comfortable and experienced in writing for academic, clinical, or professional audiences. When writing expert reports for courtroom appearances, however, your audience is a layperson jury and must be understood by individuals outside your field. Be sure to use the active voice in your writing—the passive voice can be clunky and harder to follow. For instance, you would write, “I conducted the tests” instead of “the tests were conducted.”

In crafting your language, also try to avoid wordiness. The overall report shouldn’t be stuffed with specialty jargon or SAT vocabulary. The goal is to summarize your opinion and its basis accurately and concisely. Keep your writing on-topic and free of unnecessary tangents. An overly wordy report will be less effective in persuading the opinions of your audience.

Ensure Jury-Friendly Writing

It’s likely that excerpts from your report will be read into the record during the trial. Also, you may be asked to comment on sections of it in front of the jury to draw their attention to certain ideas or concepts. As such, the report needs to be “jury-friendly.” This means using approachable, easily understandable language. Use the first person to convey that these are your findings and opinions as a highly credentialed, qualified expert. The jury wants to rely on you as an expert in understanding technical issues. Be their teacher and explain your ideas as you would to a classroom of students. Remain active and invested in the topic and refrain from using second or third-person language.

You’ll also want to be concise in reaching your ideas—aim for 20-word sentences. This length is simpler for readers to absorb, especially when covering technical or complex topics. As a general rule of thumb, try not to exceed 25 words. It’s also a good practice to read your writing out loud to check for clarity and flow. If a sentence sounds overly complicated when read aloud, edit it down to capture just one idea per sentence.

Get Creative

If the case subject matter involves particularly complex concepts, avoid using industry-specific vocabulary. If you need to use special terminology, define it using simpler language. You can also try using analogies. This can be particularly helpful in describing a technical process to a layperson jury. Look for everyday situations that are analogous to what you are trying to explain.

For example, say your job is to opine on whether a manufacturer complied with industrial emission control standards at a plant. A layperson jury may have trouble taking in technical explanations of the functioning of emission control systems, technologies, and tools. Perhaps using an analogy such as, “like the filters in your home’s heating system, the emission controls should have trapped and contained harmful particulates.” This might help a foreign concept click for jurors, giving them a familiar framework in which to absorb your opinions on highly technical topics.

About the author

Carolyn Casey, J.D.

Carolyn Casey, J.D.

Carolyn Casey is a seasoned professional with extensive experience in legal tech, e-discovery, and legal content creation. As Principal of WritMarketing, she combines her decade of Big Law experience with two decades in software leadership to provide strategic consulting in product strategy, content, and messaging for legal tech clients. Previously, Carolyn served as Legal Content Writer for Expert Institute, Sr. Director of Industry Relations at AccessData, and Director of Product Marketing at Zapproved, focusing on industry trends in forensic investigations, compliance, privacy, and e-discovery. Her career also includes roles at Iron Mountain as Head of Legal Product Management and Sr. Product Marketing Manager, where she led product and marketing strategies for legal services, and at Fios Inc as Sr. Marketing Manager, specializing in eDiscovery solutions.

Her early legal expertise was honed at Brobeck, Phleger & Harrison, where she developed legal strategies for mergers, acquisitions, and international finance matters. Carolyn's education includes a J.D. from American University Washington College of Law, where she was a Senior Editor for the International Law Journal and participated in a pioneering China Summer Law Program. She also holds an AB in Political Science with a minor in art history from Stanford University. Her diverse skill set encompasses research, creative writing, copy editing, and a deep understanding of legal product marketing and international legal trends.