CONVEYING AN UNDERSTANDING OF TECHNICAL DETAILS TO ALL
“What good is an expert if they cannot provide their testimony
in a manner that others can understand?”
– Anonymous
Rule 702 of the Federal Rules of Evidence states the following regarding testimony by expert witnesses:
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
The expert's scientific, technical, or other specialized knowledge will help the trier of fact (the jury) to understand the evidence or to determine a fact in issue;
The testimony is based on sufficient facts or data;
The testimony is the product of reliable principles and methods; and
The expert has reliably applied the principles and methods to the facts of the case.
The overarching aim of Rule 702 is to establish the relevance and reliability of the expert's opinion. On every litigation matter, Gordon & Gordon Engineering upholds these four requirements with the first held paramount.
We understand how adults tolerate and process new technical information
Research by Hartley & Davies on attention span increases from the beginning of the lecture to ten minutes into the lecture and then decreases after that point.
Marton and Säljö describe two differences in the processing of information during a lecture.
- Some process the material as little as possible, simply trying to remember the words being said and doing little beyond this.
- Others try to see the implications of what is being said, relating what is being said to other information either in the lecture or in their own experience, and try to understand what the lecturer intends.
Our approach to expert witness testimony
Wielding our professional and academic experience as adjunct professors and technical lecturers, and industry leaders, Gordon & Gordon Engineering believes that the effective and expressive communication is as important as our sound engineering work performed on your case.
We have experience through a combination of a deep understanding of the technical facts of your case and these pedagogical challenges of the jury.
We have demonstrated the ability to command the jury's attention through relevant and dynamic testimony, rich with analogies and careful explanation of otherwise obscure material.
Our approach to testimony breaks that passive, non-thinking, distractible, information-receiving role historically observed during monotonous presentation of facts and opinion that bore juries and provide little to no retention during deliberation of the facts.
Our goal is to have each juror better understand your position being litigated that is thoughtfully grounded in engineering facts, data, reliable principles, and methods. We want that deep understanding brought into the deliberation room and we understand our obligation to the court to be as objective as possible.
We maintain honesty and professionalism throughout the process and will fully discuss with our client under privilege both the favorable and the unfavorable aspects of the case to avoid any surprises during testimony.
The Bottom Line
Gordon & Gordon provides sound expertise in a concise and relevant manner that grabs the attention of the jury, keeps them engaged throughout the testimony for better recollection during deliberation, and navigate cross-examinations without surprises.
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