Billy L. Akin – December 6, 2013
Credibility…..a vital ingredient of an expert witness. How about “likability”? Is this trait involved in the effectiveness of presenting testimony?
Hastening to my conclusion, I think likability is crucial. Does this overall perception of another human not make a difference? When “your honor” puts on the robe and citizens enter the jury box, they retain the same human perception of others. Take the test yourself. As an attorney, you have a strong sensitivity for solid facts and conclusive proof. However, does not a likable personality affect your perception of information being given you?
A fellow-member of the CPCU Society’s Coverage, Litigators, Educators and Witness Interest Group, Kevin Quinley, recently authored a thoughtful article on this subject. This was published in one of our Society of Charter Property Casualty Underwriters’ newsletters. With Kevin’s permission, I share a few of his thoughts:
“An expert witness’s effectiveness flows from many factors: subject matter expertise, communication skills, and emotional self-control in stressful situations. Often overlooked is the witness’s connection with jurors. Consider whether the expert witness seems to be approachable or arrogant. If jurors like the expert witness, they will be more open to accepting his or her credibility and options.”
To me, this trait of likability must not, cannot, replace cold hard preparation and presentation of facts and sincere opinions. One would be challenged to define the term “likability”, however, it is one of those traits that “you know it when you see it”.
Kevin continues,
“When two qualified experts have equally supported but opposite opinions, time and time again jurors will favor the better witness, the witness whom they feel more comfortable supporting. Abundant credentials plus meager likability produce an expert witness who comes off as arrogant, aloof, and detached. A surfeit of likability but little credibility produces a cringe-inducing lightweight. Superb expert witnesses combine rock-solid credentials, credibility, and a pleasing package of appearance, communication skills, and demeanor.”
Given his years of experience, not to mention his professional designations of CPCU, AIC, ARM, ARe, AIM, and RPA, I highly respect Kevin’s thoughts. If you would like a copy of his article, let me know. Professionalism demands that an expert witness, and engaging attorney, be concerned with likability as well as credibility, of any expert witness. Think about it.
via How Likable Should an Expert Witness Be? | Insurance Expert Witness Blog.