Expert Witness In Litigation -  Lawrence Fennelly

Role, Expertise, And Experience As An Expert Witness

In this article, you can discover:

  • The extensive knowledge and experience as an expert witness
  • How previous roles as a prosecutor or member of law enforcement benefit defense attorneys
  • Testimony experience, the number of cases, and the ability to meet legal standards

What Is Your Role, Expertise, And Experience As An Expert Witness?

Regarding my role, expertise, and experience as an expert witness, I have extensive knowledge in my field. However, I tend to avoid discussing myself excessively. While it is true that I have authored 43 books and have been involved in numerous significant experiences, such as providing protection to Prince Charles during his coronation, I prefer to let my work and resume speak for themselves. In fact, during a case in Maine, an attorney remarked that my resume surpassed any others in the state. I have a vast amount of experience, including legal matters that we haven't even touched upon yet.

How Experience As A Former Prosecutor And A Former Member Of Law Enforcement Benefit Criminal Defense Attorneys?

Allow me to share an intriguing case from St. Louis, Missouri. Picture a bar where drug dealers occupy one side and their rival stands on the opposite side. The rival pulls out a gun, aiming at the drug dealer. However, at the exact moment the bullet is fired, a woman who was standing up to go to the bathroom gets hit. During the deposition, the opposing attorney asked me, "What will you say, Mr. Expert, when I bring in a witness who claims the gun was brought into the building by the rival?" In response, I advised the defense counsel to inform the witness of their Miranda rights, as they would be arrested for accessory to murder before leaving the courthouse.

The defense attorney acknowledged my advice, mentioning the witness's constitutional rights. This response significantly weakened the opposing case. In reference to your question, my background as a former prosecutor and member of law enforcement equips me with the knowledge of due process and the ability to navigate cases effectively.

How Many Criminal Cases Have You Testified In? What Types Of Cases?

Typically, attorneys inquire about the number and types of cases an expert witness has testified in for both plaintiffs and defendants. While some experts claim a 50/50 split, the reality is that the distribution can vary as cases settle, go to trial, or conclude. At present, I am involved in one defense case and approximately five or six plaintiff cases. However, it is important to note that simply stating a 50/50 split may be misleading. An experienced expert should possess the skills necessary to build a strong case for both the defense and the plaintiff.

How Do You Ensure That Your Testimony Meets The Legal Standards?

Generally, attorneys provide me with information about the rules and expectations regarding expert witness testimony in the jurisdiction where the case will be tried. This knowledge guides me in understanding any limitations on my testimony. I haven't encountered significant difficulties in answering questions, including during depositions.

It is crucial to consider that every case has two sides. Plaintiffs tend to focus on everything that went wrong and what should have been done differently, while the defense emphasizes positive aspects, such as adequate manpower at the scene and uncontrollable factors. When presenting testimony, whether it's for summary judgment, trial, or deposition, I ensure that all relevant facts are accurately and impartially conveyed to meet the legal standards required. For more information Role As An Expert Witness In Litigation, an initial consultation is your next best step.

Lawrence Fennelly (CPOI, CSSM)

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(617) 616-8742

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