Expert Witness Techniques By Connie Cannady March 19, 2014
An expert is one who knows more and more about less and less Nobel Laureate Nicholas Butler 2
Beginning Considerations Rate Case Details Complexities Timeframe Staff Capabilities Required Expertise or Testifying Experience Outside Consulting or Legal Needs Expert Witness Consideration and Techniques 3
Case Complexities Determine the reason(s) for the rate request Review the overall impact to the consumers Outline the issues covered by utility witnesses Understand prior precedent/orders with respect to the utility in question 4
Timeframe Prepare timeline for all project team members Develop coordination for information sharing Ensure data needs will be met RFI processes Information distribution Set testimony draft and review time table Be sure to consider sequence of information needs 5
In-House/Hired Current Staff Expertise Prior Testimony Prior Analytical Participation Prior Work Experience Outside Consultant/Legal Needs Specific Expertise Reputation Cost/Benefit 6
Attributes of an Expert Knowledgeable Confident Likeable Reasonable, rational, and objective Easy to understand and memorable Brings clarity to an issue 7
Effective Expert Witness Knowledgeable On the job training vs. formal education Confident Detailed analysis and thorough workpaper preparation and review Likable Take the roll of trying to convince, not dictate 8
Effective Expert Witness Reasonable, Rational, Objective Show that you understand and have considered the differing opinions on the issues Easy to Understand and Memorable Avoid jargon Spend time developing a logical progression of your argument Assume you audience does not have but a basic understanding of the issue 9
Presenting Credentials Written Limit Q&As on your education and experience Include Curriculum Vitae (CV) as an attachment Emphasize knowledge of issues in testimony Review everything in your CV Oral Anticipate cross examination Take no offense Be responsive 10
Written Testimony Present a summary of your testimony Take the reader down a logical path If critiquing opposition Provide specific reasons Discuss each reason If promoting alternative opinion/position Be sure to include necessary supporting data Use visual aids embedded in the text Attach workpapers, RFI responses, other industry data 11
Pre-Testifying Preparation Watch some of the hearings Particularly other witnesses discussing your issues Practice mock cross examination Issues Credential Weaknesses in your case Be familiar with all of your witnesses testimonies Review any additional data presented by utility Errata Motions concerning your testimony 12
Cross Examination Answer the question asked Be responsive Be respectful Avoid being: Combative Argumentative Dogmatic Use every opportunity to promote your case 13
Presentation Create a professional appearance Look cross-examiner in the eye Make eye contact with the ALJ to stress issues Stay relaxed Be aware of hands, feet, posture, facial expressions Listen and respond Only take what you need to the stand 14
Be Aware of the Pitfalls Prior testimony/reports and positions taken Weaknesses in the case Always keep your attorney informed Admit to errors when discovered File errata before testifying if possible Know the Commission precedent, including positions taken by the ALJ Do not speculate and avoid the hypothetical 15
Questions? Connie Cannady - Executive Consultant NewGen Strategies & Solutions LLC 1300 E. Lookout Dr. Ste. 100 Richardson, TX 75082 Amarillo Office: (806) 553-5427 Mobile: (214) 783-2029 Richardson Office: (972) 680-2000 Fax: (972) 680-2007 ccannady@newgenstrategies.net 16