Failure Analysis in a Legal Setting: Effective Communication of Expert Opinions

The work of the failure analyst often involves the application of specialized knowledge, complicated test methods, and difficult to interpret results that are not easy to convey to a lay audience. A fundamental premise of most litigation is that those who render verdicts are not expected to be experts on the technical issues at hand. Rather, the “triers of fact” constitute a lay audience. Thus, the expert needs to communicate their expert opinion in such a way that a lay person can understand the opinion. To be effective, the opinion must also be convincing. Better understanding by the audience aids the process of being convincing. Thus, effective expert opinions will go beyond just asking the audience to “Trust me, I am an expert and I know what I am talking about.”

Communication of expert opinions is done throughout the litigation process. Steps along the way include oral reports, initial written reports, rebuttal written reports, deposition testimony, and trial testimony. At each point being effective and understood aids the litigation process in moving to resolution.

Techniques to achieve clear, understandable, and convincing presentation of expert opinions have been developed and will be discussed. These techniques apply to both written and oral communication. The reasonable person standard and its place in litigation will also be presented.