Expert Witnesses - Additional Resources
Contents:
I. Finding Experts and Information About Experts:
| Lexis & Westlaw | General Sources | Free Databases | Other Fee Databases |
II. How to Select & Use Experts and the Law on Expert Testimony
| Books & databases | Web Pages | Videos |
Finding Experts and Information About Experts
Researching Experts, Camtasia Presentation by David Dilenschneider, LexisNexis
LexisNexis and Westlaw Databases
If cost is not a consideration, you may want to start with a comprehensive search on Lexis or Westlaw, such as:
- Westlaw Profiler - PROFILER-EW : Profiler includes links to related jury verdict summaries, expert testimony and Andrews Litigation Reporters. Links to the Expert Evaluator report, which lists cases the expert was involved in, depositions or affidavits and statistics on cases the expert was involved in. Profiler also links to Expert Comparison reports and Expert Challenge reports
- Westlaw - Litigation Tab, click on Dockets, Trial Filings and Jury Verdicts; go to the Experts heading for a list of resources. Includes the Profiler databases mentioned above, as well as directories, filings and resume databases and Expert Witness Checklists. All can be searched at once.
- Westlaw - Litigation Tab, under Workflow toolkit, select Case Evaluator. Input damages range, jurisdiction and type of injury and get a chart of experts who have testified in that type of case. May have to go to another database on Westlaw to pull up the actual jury verdict reports.
- LexisNexis - Expert Analyzer - Not part of the law school plan. Creates comprehensive reports on experts, including cases, jury verdicts, directory information, news articles, etc.
- Lexis - Total Litigator tab>Gather Intel> Use the template to locate sources. Among the databases that can be searched are expert witness directories, jury verdict databases, cases, expert witness transcripts, daubert tracker and expert witness filings. Allows for some combined searching.
Individual Databases on Lexis and Westlaw:
- Westlaw - Directory>Litigation>Expert Witnesses -- databases for expert filings, jury verdicts, cases, directories and treatises. Search these in combination by typing the database identifiers into the Search These Databases box, separated by commas.
- Lexis Daubert Tracker - Finds cases where an expert’s qualifications or methodology was challenged or where “gatekeeping authority” (case or rule of evidence) is cited. Fills in missing information about the expert.
- Lexis - Legal > Area of Law - by Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts > Jury Verdicts & Experts>Combined Jury Verdicts, Settlements and Expert Directories. EXPRT
- Lexis Federal & State Expert Witness Filings Combined: Litigation Practice & Procedure> Find Briefs, Motions, Pleadings & Jury Verdicts > Jury Verdicts & Experts> Federal and State Expert Witness Filings, Combined - Motions and Pleadings re expert witnesses.
- Lexis - Legal > Area of Law - by Topic > Litigation Practice & Procedure
- Lexis - Research Task Tab >Federal Litigation>Investigation>Expert Investigation
General Sources
- Newspaper databases - Lexis (ALLNWS or other) and Westlaw (ALLNEWS or other) , America's Newspapers: Newsbank and many more available to CSU students. Also available via the Cleveland Public Library.
- Case law database searches (mostly appellate level cases) Lexis, Westlaw and other sources
- Jury Verdicts search (trial court level, mostly bodily injury cases) - see the Jury Verdict section of the Library's Torts and Personal Injury Resource Guide.
- General Internet Searches (Google, Clusty) or Legal Search Engines
- Search library catalogs or article databases to find the author of a book or article on a particular subject. The author may make a great expert.
Free Web Databases
- Integrity in Science Database - indicates a scientist's ties to industry.
Free expert directories abound on the web. Sometimes they also include court reporters, investigators and other services of interest to attorneys.
- ALMExperts Database - usually provides a resume and profile for the expert, in addition to basic contact information.
- Jurispro Expert Witness Directory - contains profiles, contact information, background, CV and possibly references.
- Expertlaw.com - A search engine and a topical directory. CVs and web pages may be provided.
- Experts.com - Find an experts in a specific field and/or location.
- Legal Directories– provides contact information for experts, court reporters, investigators and other services.
- Expertwitness.com Directory- contains contact information for expert witnesses.
- Findlaw Market Center Expert Witnesses - - has contact information and a description of services.
- A.M. Best's Expert Witness Directory - “The Expert Service Providers Section is the ideal reference for locating thoroughly investigated professional experts in various fields including engineering specialists, construction consultants, special investigators, court reporters, accident reconstruction specialists, consultants, document examiners, and more.”
- AMA Doctor Finder - search by geographic area and specialty, or by physician name. Doctor’s contact information, specialties, medical school and residency training information.
- American Association of Legal Nurse Consultants: provides contact information and areas of expertise.
Fee Databases (besides Lexis and Westlaw)
- The Idex Defense Network - a subscription database on the web which contains information on prior cases where the expert has testified or has been deposed. Often, the full text of the trial testimony or deposition is available. If transcripts are not available, contact information to other members of the Idex Defense Network is provided, and the member may be willing to pass along the transcript.
- Technical Advisory Services for Attorneys will locate expert witnesses for attorneys for a fee. The fee is charged when the expert begins work.
- Daubert Tracker - Finds cases where an expert’s qualifications or methodology was challenged or where “gatekeeping authority” (case or rule of evidence) is cited. Fills in missing information about the expert. Contains copies of the relevant motions and briefs. Available via LexisNexis, and is on the law school plan.
For more ideas on how to find an expert witness, see Finding and Researching Expert Witnesses on the Web by Jim Robinson. Although this article was published in 2002, it still has many useful suggestions.
Using Expert Witnesses
Books on expert witnesses in general can be found on the Atrium level, KF8961. For books on medical experts, see KF8964 and for psychological experts, see KF8965. Books on examining witnesses generally, not just expert witnesses, may have sections regarding expert witnesses - KF8950.
Also see Evidence Law Resource Guide - as many of the bigger sets on evidence law will have substantial chapters about the law of evidence pertaining to expert witnesses. The Scientific Evidence Resource Guide may also be helpful.
On Lexis, find treatises via the Total Litigator tab>Gather Intel> Access Analytical Materials.
Books and Electronic Resources
- Expert Witness Checklists - via Westlaw - EXPWITC - Text material and references to other sources regarding how to use experts with various specialties (everything from construction experts to medical experts) at various stages of litigation. Checklists on selection, use and admissibility of expert testimony.
- Cecil C. Kuhne, A Litigator's Guide to Expert Witnesses KF8961 .K84 2006 (ABA publication) - The law concerning expert witnesses; How-to select, present and object to expert witnesses.
- Attacking adverse experts / Stephen D. Easton KF8961 .E27 2008 (ABA publication)
- The Methods of Attacking Scientific Evidence / Edward J. Imwinkelried (Lexis - ATKSCI ) KF8961 .I45 2004
- Scientific Evidence / Paul C. Giannelli, Edward J. Imwinkelried ( Lexis - SCIEVD ) KF8961 .G53 2007 (2 volume set) - Covers rules and precedents relating to admissibility, constitutional limitations, discovery, expert testimony, laboratory reports, and chain of custody. Explains in clear terms the latest forensic techniques and scientific concepts used in collecting and evaluating evidence.
- Reference Manual On Scientific Evidence - Published by the Federal Judicial Center. Explains scientific concepts for different types of evidence, such as statistics, DNA evidence, toxicology and more. A summary of Daubert and the US Supreme Court trilogy of cases regarding expert testimony.
- Modern Scientific Evidence: The Law and Science of Expert Testimony - Five Volume Set. KF8961 .M63Westlaw - MODSCIEVID. "...provides attorneys and judges with the necessary legal and scientific background for dealing with scientific evidence and expert witnesses."
- McElhaney's Trial Notebook / James W. McElhaney [Chicago] : Section of Litigation, American Bar Association, c2005 4th ed KF8915.Z9 M25 2005 - A well respected tome full of quick, practical hints.
- Expert Evidence in Criminal Law: the Scientific Approach / Alan D. Gold. Irwin Law, c2003. K5485 .G64 2003
- Experts in Civil Cases: an Inside View / Fred Prichard. LFB Scholarly Pub., c2005. KF8968.25 .P75 2005
- Electric Law Library - Expert Witness & Consultant's Reading Room- articles on the effective use of expert witnesses
- Daubert on the Web - Information on resolving "Daubert" challenges, over 800 federal appellate decisions, federal appellate decisions by expert field, selected state decisions, blog and discussion forum.
- ExpertLaw.com - Using Expert Witnesses, Tips for Attorneys - links to more articles on the left hand side
- Selecting and Preparing the Expert Witness [videorecording] / [authors, David Sonenshein, John Chesney, and Anthony Bocchino] [Notre Dame, Ind. ] : National Institute for Trial Advocacy, c2006 KF8961 .S45 2005
- Ethics and expert witnesses [videorecording] / by Patrick Emery Longan Macon, GA : Mercer Center for Legal Ethics and Professionalism, c2003 KF8961 .L65 2003
- Persuasive expert testimony [videorecording] : DVD with text / National Institute for Trial Advocacy Notre Dame, Ind. : National Institute for Trial Advocacy, [c1990] KF8961.Z9 M35 1990
- The Expert medical witness [videorecording] / [presented by] the American Bar Association Consortium for Professional Education and the National Institute for Trial Advocacy ; moderator: Irving Younger
St. Paul, MN. : National Institute for Trial Advocacy, 1986
KF8920 .M37 no.9
***** Also in this series of tapes, attorney and accountant expert witnesses. - Examining the economic expert [videorecording] / [presented by] The American Bar Association Consortium for Professional Education and The National Institute for Trial Advocacy ; Producer, Liz Williamson ; Director, G. Hayden Brown
[St. Paul, Minn.] : National Institute for Trial Advocacy, 1986 KF8915 .W56 1986
***Also in this series of tapes, examining a medical expert - Discovery from and about expert witnesses [videorecording] / [presented by] the American Bar Association Consortium for Professional Education and the National Institute for Trial Advocacy; with James W. McElhaney
St. Paul, Minn. : NITA and ABA, c1985
KF9084 .N42
- Art of advocacy skills in action series : cross examination of non-medical experts [videorecording] New York : Matthew Bender, c1982 KF8920 .A72
- Cross examination of medical experts [videorecording.] New York : M. Bender, 1982 KF8920 .C75 1992
SA
2008
Links Checked, SA, 5/7/2009