The best expert witness is often the one with no expert
experience. In a recent case my expert, an academic, had spent most
of his career doing precisely the kind of analysis we needed—
without ever having made a profit from doing it. My opponent, by
contrast, used a "litigation consultant" who made more
than 90 percent of his income by testifying, almost always for the
same kind of client and almost always for the same side.
Guess whom the court in this bench trial found more credible?
After our 10-day trial ended, the court issued a 50- page opinion
in which it mentioned specifically that our expert had never
testified before and had no ties to the industry that hired him. We
won on every issue, in part because we won the battle of
experts.
