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How To Effectively Prepare If You Have Been Asked To Testify As A Forensic Psychiatry Expert Witness

16 September 2020 by Roy Morris

If you are asked to provide testimony as a forensic psychiatry expert witness, your purpose during the trial will be to lend special psychiatric information that is related to the legal case at hand. Even if you have ample qualifications to impart proficient knowledge, you may still feel anxious about what steps you should take to be fully ready for the courtroom. Here are some things to keep in mind as you prepare to testify at a trial as an expert witness. 

1) Be sure to get clarification of the exact issue that you have been asked to speak about at the trial.

When you testify as an expert witness, you will be expected to apply your professional experience and provide facts expressly related to the case. You must be certain that you fully understand what the particular issue is. Take the time to extensively analyze the case file to be well-informed about the specific legal matter. Failure to properly clarify this can lead to your testimony being ruled as inadmissible. Additionally, to successfully anticipate what you may be asked during cross-examination by the opposing team, be sure to evaluate what their expert has said about the case as well. Once you have a good handle on the situation, you should create a plan for how you will authoritatively communicate your expert opinion to the jury. Think about the words you will say, and practice how you'll effectively deliver that information to a layperson. Don't neglect to consider any possible weaknesses in your testimony that could be exploited.

2) Remember the best practices of providing credible testimony.

There are several things you can do to ensure that you present yourself as a confident and sincere expert. The time you have on the witness stand is precious, so you will need to be concise with your testimony. Do your best to stick to the relevant facts, and do not to stray from your communication plan. Use a clear and respectful tone, and give straightforward answers without technical jargon that may overwhelm the jury. Be mindful of your body language, ensuring that your arms are not crossed in a defensive manner. Most importantly, when the opposing counsel is speaking with you during cross-examination, remain calm, even if you are being asked tough questions. One of the best ways to maintain your composure is to be superbly organized when you enter the courtroom. Make sure that all of your files, notes, and other data are arranged in a way that is easy for you to refer to on demand. 

3) On the other hand, you should also make a list of behaviors to avoid while you are on the witness stand.  

You must take care to prevent some common pitfalls while you testify as well. Never use insulting terms or speak in a way that might be construed as condescending. Try not to give a lecture, even if the question requires a thorough explanation. Although you are an expert in a scientific field, it's important to steer away from overly complicated terms. You should also not avoid acknowledging questions that you don't know. If you truly are unsure about something, it's perfectly acceptable to admit that you do not have the answer. That said, don't be afraid to ask for clarification if an inquiry or point seems confusing before you respond. Ultimately, the biggest mistake you can make is appearing on the witness stand without rigorous preparation first.

As a psychiatric expert witness, it is vital that you take the time to meticulously prepare before giving your testimony. Using the tips above, you will be more than ready to contribute to the legal process in your own way.

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