Mark Chicu is a Senior Advisor at Cornerstone Research. An experienced antitrust and industrial organization economist, Dr. Chicu formerly served as an Acting Assistant Chief in the Antitrust Division of the U.S. Department of Justice (DOJ).
In this article, Dr. Chicu discusses the essential elements of effective expert testimony in complex antitrust litigation, drawing on his expertise as a consultant, former government economist, and expert witness.
Introduction
I’ve learned that preparing for expert testimony requires meticulous attention to detail and a deep understanding of the case at hand. As I join Cornerstone Research, I’ve reflected on some key takeaways from my experience as a consultant, expert witness, and former DOJ economist, with a focus on best practices for expert witnesses in complex litigation.
Preparation Is Key
When preparing for deposition or trial testimony, practice with counsel can be extremely helpful. It’s especially important to understand the boundaries of your opinion and what you are and are not saying in your report. Role-playing with talented attorneys can also help you anticipate challenging questions and can assist in crafting compelling narratives. Staying calm and on message is critical, and thorough preparation can make a real difference.
Effective Communication Is Central to the Expert Role
In the expert witness role, the goal isn’t just to explain complex economic concepts, but to help the judge or jury understand and relate to the information being presented. Being attentive to the evidence that is likely to resonate with them enables you to communicate key points clearly.
The Details Matter
Working across various industries, including agriculture, airlines, and professional sports, has taught me that the details matter. Having a deep understanding of a given industry can reduce the learning curve, but it’s also important to approach each set of facts with an open mind. Every transaction or examination of alleged conduct presents unique challenges, requiring you to identify and anticipate key concerns and to frequently deal with novel situations.
Effective Collaboration with Attorneys Drives Results
Economists play a vital role in litigation and regulatory strategies, and alignment with attorneys on strategy, evidence, and objectives can be a major contributor to success. Early, regular, and transparent communication drives the best possible results. Working closely with attorneys facilitates effective integration of economic analyses into litigation or regulatory strategies.
Conclusion
Throughout my experience, I have found that thorough preparation, clear communication, and a command of case-specific details, combined with close collaboration with attorneys, are essential to delivering high-quality testimony and support.
By bringing these elements together, expert witnesses can provide valuable insights that help clients navigate complex litigation and achieve successful outcomes.
The views expressed herein are solely those of the authors and do not necessarily represent the views of Cornerstone Research.
