Legal Experience Matters: Five Things I’ve Learned as an Expert Witness
I’ve been in the coffee and tea industry for four decades. But again and again in my work as an expert witness and consultant for coffee burn and hot beverage spill lawsuits, I realize that being a subject matter expert isn’t enough. Legal experience matters. A lot.
To speak powerfully to the court—in a deposition, on the witness stand or providing background information—and truly bolster the defense, communication skills and demeanor must match your expertise.
Why is legal experience important?
Along with “knowing their stuff,” in order to be effective an expert witness needs to be able to speak the language of the courts and understand the processes behind the scenes.
A skilled, professional, experienced expert witness can help you
- Increase chances of winning your case or receiving a favorable settlement
- Resolve a case more quickly
- Avoid trial
- Reduce monetary losses
- Preserve your brand’s reputation
- Bring you peace of mind that your defense is as strong as possible
As an award-winning coffee industry leader for 40 years, I’ve had the privilege and opportunity to consult as an expert witness on more than 60 cases, and testify in four that went to trial—each of which was won by the defense, who had hired me to support them. Each case increases my knowledge of the legal system and the particular landscape of hot beverage spill litigation.
Here are the big lessons I’ve learned that make me an asset to your defense.
Five lessons I’ve learned from decades as an expert witness and consultant
Every case is different, but some things are always true
Every case that I consult on brings new variables and new details that make it unique. Details change, technology evolves, as does the law itself, with each case serving as precedent for those that come after. And every spill burn represents a real person who was seriously injured—I’ve never become callous to this reality. But the realities of brewing and serving coffee safely tend to hold. In fact, in order to reduce the incidence of spill burns in the first place, I wrote two comprehensive reference books that outline the main issues in spill burn prevention and coffee burn litigation, and created a safety poster designed to make it simple for businesses that serve hot beverages to reinforce best practices for safe serving.
Exploring and explaining how these basic tenets weave through the individual details of every distinct case remains the heart of what I do as a consultant and expert witness.
The case is made long before trial
Many people think that an expert witness’s job is primarily performed on the stand. But that’s pretty far from the truth. The case preparation phase builds the case and sets the stage, and in the vast majority of cases, a strong case leads to dismissal or settlement before we go to trial.
Many lawyers, even experienced ones, are new to hot beverage spill litigation. I am able to educate them on the intricacies of brewing and serving hot beverages, and to build a strong case by shaping their questions and suggesting what to ask at the deposition stage, for witnesses and even other experts. This builds a strong case—and at trial should it come to that.
A calm presence helps you avoid landmines
Opposing counsel are invested in trying to discredit or confuse an expert and get them to contradict previous testimony. Remaining calm under pressure, and knowing how to listen for—and respond to—these questions, are learned skills that require patience and decisiveness. Knowing when to admit that you don’t know the answer to a question can be a powerful form of answering a question well.
Know who your audience is
It’s easy to fall into the trap of assuming you are in conversation with the lawyers who are questioning you. But truly, at every stage your audience is the judge and jury. The case’s fate rests in their hands. Speaking to this audience requires breaking down technical and industry-specific concepts into layman’s terms and clearly outlining the issues at stake in a way they can understand.
Working for “the facts” means not choosing sides
While I typically work for the defense in hot beverage spill cases, I don’t pigeonhole myself in this role. Whether broadly for all cases, or in any individual case, I don’t work “for the defense”: I represent the facts of hot beverages and work for my client. If I am hired for the defense’s case, it is because the facts support their case.
Coffee is my life—and it’s expanded my horizons
Over 40 years as a professional in the business of coffee and tea—as a pioneer and now industry leader, I enjoy looking back on the journey. Along with literal journeys around the world, my career and experience have taken me on a journey into the landscape of legal experience.
I believe that my decades of expertise, along with the lessons I’ve learned and skills I’ve applied consulting on scores of hot beverage spill burn cases, make me a valuable asset if your business is facing hot beverage spill burn litigation. Contact me today to discuss your case.
