The jury has spoken. The gavel falls. Your side loses.
Now what?
Expert witnesses, it’s time to master the art of the professional bounce-back.
Trial testimony is intense and demanding for expert witnesses. If you can’t handle that reality, another line of work will suit you better. When a verdict doesn’t favor the side that hired you, it’s natural to feel disappointed or frustrated. However, maintain your perspective and professionalism in the face of negative outcomes. Poised professionalism is a requirement and a source of reassurance and confidence. Consider these strategies to bounce back from a trial loss and thrive in your role.
Bouncing Back
A first reaction may be disappointment or self-doubt when news of an adverse verdict hits. Acknowledge these feelings, but don’t dwell on them. Remember–your role as an expert witness is not to win or lose the case but to provide professional, impartial expertise. This perspective is key in reframing reactions to bad outcomes.
Trials are zero-sum games. In litigation, there is no second place, silver medals, or participation trophies for just showing up. Yes, it’s nice and fun to be on the winning team. However, as an expert, you are *not* a “team member.” Rather, you’re an objective analyst, a crucial part of the legal process, helping judges and juries understand industry standards as they apply to a case’s fact pattern.
Experienced experts often emphasize that a trial outcome doesn’t define an expert’s worth. The key is to present facts and professional opinions clearly and honestly, recognizing that the verdict itself is beyond the expert’s control.
Understand Your Limited Role
You’re one role-player in a larger drama with an ensemble cast. A trial’s outcome hinges on many factors outside your control, e.g., the case’s overall strength, the attorney’s performance, the credibility of other witnesses, the judge’s rulings and legal interpretations, and jury tendencies in certain venues.
Seasoned trial attorneys often point out that, while expert witnesses are essential in many cases, they’re just one piece of the puzzle. The verdict typically depends on a combination of factors that no single expert can control.
Focus on “Controllables”
While you can’t control a trial’s outcome, many aspects of your performance you can. Focus on these “controllables” before, during, and after trials:
1. Preparation: Know the case details and stay in your lane of expertise. Do your homework in the weeks (or months) before the trial!
2. Clarity: Present your testimony clearly and concisely so lay jurors can understand.
3. Professionalism: Keep your composure and professionalism, even under challenging cross-examination.
4. Responsiveness: Be attentive and concise during direct examination. Keep eye contact with jurors.
Focus on these factors, then feel confident you’ve fulfilled your role, regardless of the trial’s outcome.
Seek Constructive Feedback
Post-trial, especially one that ends unfavorably, seek feedback from the attorneys you worked with. This can yield insights on your performance and areas for potential improvement. Experts like Daniel Pink recommend not asking, “Can you give me constructive criticism?” Rather, he suggests asking, “Do you have any advice for me on how to improve my [fill in the blank] written work product, deposition testimony or trial testimony?”
In my experience, few experts make it a practice to ask attorneys for honest feedback after each trial. While it can be challenging to hear, this approach often helps improve their effectiveness.
Wait a few weeks after the trial, letting retaining counsel process the outcome. When seeking feedback, focus on specific performance aspects, such as the clarity of your explanations, on-the-stand demeanor, or the effectiveness of visual aids. A targeted approach yields more actionable insights than broad questions about why the case was lost.
Emotionally Detach from Outcomes
One of expert witnesses’ most challenging yet crucial skills is emotionally distancing themselves from a trial’s outcome. This doesn’t mean being indifferent. It means maintaining a professional buffer zone that lets you see the litigation process objectively.
Expert witnesses must remind themselves that their job is to present facts and professional opinions, not to advocate for a particular outcome. This mindset helps them stay focused and objective, regardless of a trial’s result.
Move On
After a trial loss, acknowledge the setback and move on to your next case. Ruminating and second-guessing outcomes can erode your confidence and future trial performance.
Remember, even the most experienced and respected expert witnesses have been on the losing side of cases. When expert witnesses gather, no one swaps tales about when they were on the losing side. The ability to learn from each experience and apply those lessons, however, sets successful experts apart. View every trial, regardless of outcome, as an opportunity to refine your skills. You might even learn more from cases lost than those which represented victories.
See The Big Picture
As you navigate an expert witness career, keep a balanced perspective on wins and losses. It’s not about batting averages! Build a professional reputation—not on individual case outcomes—but on
consistently demonstrating expertise, integrity, and professionalism.
Don’t take credit for wins or shoulder blame for losses. Instead, consistently deliver high-quality written work products, sound analysis, and coherent testimony. Your role is to help the jury and judge understand complex issues, not to determine the case’s outcome. It’s seductive but dangerous to view yourself as part of the trial team and appear as an advocate, not an objective evaluator of the case facts. You advocate for your opinions, not for the plaintiff or defendant. That distinction is important.
Closing
Rebounding from a loss as an expert witness requires emotional resilience, professional detachment, and a commitment to continuous improvement. By focusing on what you can control, seeking feedback, and maintaining perspective on your role in the legal process, you navigate the challenges of unfavorable outcomes, preserve your mental health, and
thrive in your role.
Your value as an expert witness lies not in the win-loss record of your cases but in your ability to provide clear, objective, and professional expertise to assist the triers of fact. Keep this focus and confidently approach each case, knowing you’re fulfilling a crucial role in the judicial system.
The jury or judge may deliver an unwelcome message. The gavel falls. The judge retires to her chambers. The jurors drive home. You sprint through Airport Terminal D to catch your connecting flight home. Your commitment to excellence, however, never wavers. Keep your chin up, your mind sharp, and your subject matter knowledge current. In the long run, it’s not case outcomes or “wins” that define you but the consistent quality of your contributions to the pursuit of truth.
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