Expert Witness Guide: “Don’t Look at Me, I Already Know the Answer”

In this challenging setup, I relied heavily on the foundational tips I have previously shared, specifically the LUCAS Approach and Wigmore’s Rule. These methodologies provide a crucial framework for maintaining composure and ensuring your testimony is clear and credible. However, this particular experience underscored another, more physical aspect of being an expert witness: the importance of body language and audience engagement.

The physical arrangement of the courtroom proved difficult for witnesses. It is imperative that an expert witness looks at the jury while explaining complex concepts because the jurors are the most important deciders in the trial. Research and experience have consistently shown that if you do not face the people you are addressing when you talk, you come across as less credible and trustworthy. Furthermore, watching the jury while you speak provides invaluable real-time feedback on your effectiveness. You can observe if they are:

• Understanding your points
• Engaged and paying attention
• Yawning or becoming distracted
• Responding positively to your explanations

You cannot and should not face the jury for every single answer, especially in a physically awkward setup where constant swiveling would appear unnatural and distracting. My strategy was to face the lawyer who was asking the question directly. For short, factual responses like “Yes” or “No,” I would remain facing the lawyer. However, when a question required a detailed explanation or the presentation of a key scientific concept, I would deliberately turn my body and focus my attention entirely on the jury, addressing them directly.

Participants in the Mock Court (l to r), Honorable Michael G. Emery, Peter Cho, James Wigmore and Linda Matthews

When my one-hour session concluded, the organizers provided a critique. One organizer was particularly excited and affirmed that my conduct on the stand was exactly what he wanted to see from an expert witness. He was highly complimentary of my testimony and specifically highlighted this technique. His key complaint was that he constantly has to remind his own expert witnesses to face the jury when answering questions, often telling them, “Don’t look at me, I already know the answer.”

His point was powerful: the lawyer posing the questions is already familiar with the facts and the science. The individuals who need to be educated and persuaded are the members of the jury. This feedback perfectly encapsulates the core lesson for any expert witness aiming to maximize their impact.

The practical advice from the mock trial is grounded in a deep well of professional experience. With a career spanning over 29 years at Toronto’s Centre of Forensic Sciences and testimony provided in more than 700 criminal cases across Canada, along with numerous civil proceedings, the perspective offered comes from real-world application. This background ensures that the guidance is not just theoretical but proven under the pressure of actual litigation. Our services as an expert witness are built on this foundation of extensive courtroom experience and a commitment to clear, effective communication.

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Another essential expert witness tip is to direct your communication and focus your attention on the jury during the trial, not the lawyer who is asking the questions. Remembering the phrase, “Don’t look at me, I already know the answer,” can serve as a simple mental checklist to ensure you are connecting with the true audience. This practice, combined with rigorous scientific analysis and proven testimony techniques, ensures that your role as an expert witness is performed with maximum effectiveness and credibility, ultimately helping the trier of fact understand the critical evidence in your case.