An expert opinion is a specialized conclusion based on knowledge, training, or experience in a specific field. An expert may be called upon to testify in cases where his or her perspective would help a fact-finder understand an issue in the case. When forming an expert opinion, an expert must generally use reliable methods and data that are commonly relied upon by experts in the same field.
Unlike expert testimony, which must meet strict legal standards to be admitted in court, an expert’s opinions outside of the courtroom are less scrutinized. This can be problematic, as it can allow experts to base their opinions on information that would otherwise be inadmissible in a trial.
When determining whether an expert’s opinion is persuasive, consider the length of time the witness has been practicing in the field (experience), the credentials and continual education they have pursued to develop their expertise (education), and the confidence they exude when speaking about their subject matter. A confident, knowledgeable expert can make a lasting impression on the jury and set their minds at ease that they know what they’re talking about.
A good practice is to do your due diligence when evaluating an expert’s background and previous testimony by plugging their name into search engines. Transcripts of depositions and court filings are easily accessible through this method, and can provide insight into an expert’s prior work, including any previous expert testimony that may assist or hinder your case.