19th Jan 25 1:22 pm
JamieAccording to the Colorado Bar Association, expert witnesses should understand that law is mostly based on “words and language.” An effective preparation strategy should focus on effective communication for expert witnesses, and this could make a considerable difference during a divorce trial. The accidental use of certain words may make expert testimony inadmissible. In contrast, an expert witness could be far more effective if they can express opinions with a solid understanding of legal concepts and standards. Spouses who plan to use expert witnesses may wish to review preparation strategies alongside experienced Colorado divorce lawyers. Consider contacting Colorado Divorce Law Group at (720) 593-6442 to continue this conversation in more detail.
In preparation for a divorce trial, spouses and their attorneys should make it clear to expert witnesses that they are not “triers of fact.” This responsibility lies solely with the judge, and expert witnesses are only supposed to offer “opinions.” These opinions may be based on clear scientific, medical, or technical principles – but they can never become outright “rulings” or “judgments.” Expert witnesses must therefore choose their words carefully, using phrases like “it is my opinion that […]” or “based on my analysis, I believe that […]”.
In addition, expert witnesses in Colorado should prepare to testify in a fair and completely unbiased manner. The effectiveness of this testimony depends on its objectiveness. The importance of objectivity is likely a familiar subject for scientists, medical professionals, and other experts. Many of them are required to take oaths or sign agreements to uphold ethical principles. Perhaps most notably, an expert should never be influenced by the compensation they receive in exchange for their testimony, and they should always answer questions truthfully.
The Colorado Bar also states that experts and attorneys who enlist their services should prioritize effective communication during the preparation stages. In particular, they should communicate clearly about the nature of their relationship in order to avoid conflicts or disputes. Experts and attorneys should also minimize the cost of these services as much as possible, and the details of this relationship should be in writing.
In some cases, attorneys may enlist the help of a medical professional who was not the treating physician of their client. For example, a spouse might have been evaluated by a psychologist for post-traumatic stress disorder (PTSD) after an alleged incident of domestic violence. During a later divorce trial, an attorney may enlist the help of a different psychologist to offer their opinion about whether the spouse developed PTSD.
In this case, the psychologist who initially evaluated the spouse for PTSD could be compelled to state their observations to the court. Often, attorneys choose specific medical experts to gain some kind of advantage. For example, one physician may follow a less strict definition of a certain medical condition, making a positive diagnosis more likely. Spouses who feel uncertain about using their treating physician as an expert witness may wish to contact Colorado Divorce Law Group for further guidance.
When communicating with expert witnesses during trial preparations, attorneys should make existing factual disputes clear. For example, it might be difficult to determine whether a spouse actually committed child abuse during the marriage. If a child psychologist needs to testify about whether a child shows signs of past abuse, they may be asked to “assume the truthfulness of a hypothetical set of facts,” according to the Colorado Bar.
In other words, they may state that if the child had indeed been abused during marriage, then it would likely explain certain observed symptoms. According to Stanford Medicine, these symptoms can include nightmares, bed-wetting, self-harm, PTSD, and poor school performance (to name but a few). Expert witnesses are entitled to know about factual disputes in a divorce trial before they testify, and attorneys should provide them with the relevant facts and records.
The Colorado Bar notes that attorneys and experts often communicate using different technical language. In some cases, the word used by an expert in their own field could have a different meaning in the legal world. Expert witnesses should therefore learn about the specific definitions of key legal terms during trial preparations, particularly if they use similar or identical terms in their own technical parlance. One example is causation, which has a different medical definition compared to the legal definition in Colorado. Another example is “reasonable probability,” which has a specific legal definition (over 50%). Spouses should know that if expert testimony is overly confusing to the court, a judge may exclude it – even if it is relevant.
During trial preparations, expert witnesses may need to learn which words to use – and which words to avoid. The Colorado bar states that when communicating their opinions, experts should use words like “probably” or “likely.” In contrast, even a single word like “guess” or “might,” could make the entire opinion too casual – and therefore inadmissible.
Expert witnesses should also avoid using overly complex language when testifying. Judges are well-versed on various issues, but they may exclude testimony with too much technical jargon. For example, a cryptocurrency expert may testify about a spouse who concealed assets during the marriage. They might use words like “airdrop,” “beacon chain,” and “cryptocurrency tumbler.” Instead, they could make this testimony more comprehensible by stating that the spouse “mixed crypto tokens together” to hide their origin.
While expert witnesses can certainly prove helpful during divorce trials, they often represent only one aspect of a larger strategy. Spouses approaching these trials may need to consider many other subjects, including documentary evidence, character witnesses, and more. Of course, there is also the possibility of avoiding a trial altogether via mediation or collaborative law. For a more comprehensive discussion of the entire process that lies ahead, spouses may wish to contact divorce lawyers in Colorado. During these consultations, spouses may have the opportunity to raise concerns and questions unique to their specific marriages. Consider contacting Colorado Divorce Law Group at (720) 593-6442 to continue the conversation.
