Christine Funk, J.D.

When offering the testimony of an expert witness, trial attorneys often make the mistake of presenting experts as they would any other witness. But experts aren’t just like any other witness.

Posted on July 26, 2018 in Working with Experts

As both medical and recreational marijuana become legal in an increasing number of jurisdictions, the issue of driving while impaired by the use of marijuana becomes more prevalent.  Marijuana laws vary by state for both the legality of use of the drug, as well as the legality of driving while having an amount of the

Posted on August 2, 2018 in Litigation Monitor & Working with Experts

If you’ve never hired an expert before, or if you don’t work with experts regularly, there are some things about working with experts that may not have occurred to you yet. Often times, lawyers find themselves so overwhelmed by the subject matter the expert will be testifying about, they forget about some of the finer

Posted on August 21, 2018 in Uncategorized

“Proximate cause,” on its face, seems like a pretty straight forward concept. In medical malpractice lawsuits, the question of proximate cause, and whether the plaintiff can provide the jury with the necessary facts to support proximate cause, is critical. In order to establish proximate cause, the question, “What event, (or, as is often the case

Posted on September 13, 2018 in Working with Experts

Cross examination of an expert can feel like a daunting task. Not only are you asking direct, pointed questions, sometimes specifically designed to discredit or call into question a witness’ opinion, you are doing so to someone who’s expertise in a given area far exceeds your own. Even with a month of undivided preparation time,

Posted on September 20, 2018 in Working with Experts

A properly retained expert witness is hired to employ their training, education, and experience to review data and draw conclusions about the evidence at hand. But hiring an expert is not tantamount to purchasing their opinion. An expert should not be retained for the purpose of affirming the opinion of one side or the other.

Posted on October 2, 2018 in Working with Experts

Different lawyers have different views on the pros and cons of video depositions. However, there are a number of benefits lawyers should consider when evaluating whether to use video during a deposition. Below are ten reasons why videotaping a deposition may be in your client’s best interests. 1) Videos Make Exhibit References Easier To Follow

Posted on October 16, 2018 in Working with Experts

In some jurisdictions, the attorneys do not have a choice about whether or not to allow jurors to ask questions of expert witnesses.  In other jurisdictions, it is permissible but judges are not required to allow it.  States that allow jurors to ask questions under certain circumstances include: Arizona Arkansas Florida Georgia Indiana Iowa Kentucky

Posted on October 25, 2018 in Working with Experts

Expert witnesses are so frequently relied on in civil, and even criminal, litigation. But how does an attorney navigate the complicated waters of working with an expert witness, balancing when and whether to share information from the client? Can a client’s confidences be shared with an expert without losing the attorney-client privilege? Where does the

Posted on November 8, 2018 in Working with Experts

Recently, a San Francisco jury found in favor of Dewayne Johnson, against Roundup maker, Monsanto. After a month-long trial, the jury awarded the 46-year-old former groundskeeper $289 million in damages as compensation for his terminal cancer diagnosis. This award included past and future economic losses, as well as punitive damages. The jury determined that Monsanto’s

Posted on November 13, 2018 in News