I replied: With 43+ years as a full time Marketing professional, 35+ teacher/senior lecturer in Business Strategies, Global Business Strategies, Marketing and Advertising and the 12 years as a Marketing and advertising expert let me take a stab at "What is an Expert Witness?" and "Why are they so critical for a case?"
- One with specialized knowledge of a particular subject, who can defend one’s opinion(s) with reliable information and research. Someone with experience, education and training in a particular subject matter who can help the judge and/or jury decide a case.
- Some of these attributes are experience, knowledge, training and ongoing education, research, data and/or ability to articulate this knowledge to the legal/court system. Another way of looking at the subject: Professionals, who know their subject areas well, know how to communicate their knowledge, experience and expertise to others in everyday language and words.
BTW I have a part of this posted on my website to help at http://LondreMarketing.com and http://LondreMarketing.blogspot.com/
I have been a Marketing and Advertising expert for 12 years. I worked full-time in Marketing and advertising and taught Marketing one, two or three nights a week at USC/LMU/Pepperdine and CSUN and others. I have been a guest speaker hundreds of times.
How is an expert witness also a good teacher? It's a witness who, by possessing special knowledge, skill, training, or experience, is qualified to provide testimony in matters that exceed the common knowledge of ordinary people. At the heart or center of it, an expert witness is a teacher.
If you think about the qualities that make a good teacher, those are the qualities that are required to be a good expert. A good teacher has extensive knowledge of their subject matter. A good teacher is organized, with the subjects and material presented. The lecture, exhibits and PowerPoint presentations are presented in a logical manner. A good teacher is prepared and understands the work that was done, and is ready to answer questions asked by students, or in the case a judge, jury or arbiter.
A good teacher is always (we hope) patient, calm, thoughtful, and respectful.
Want more? If you do...the expert witness cases I have been involved in have been related to: Marketing; advertising; breach of contract; business practices; business and professions code compliance and violations, including unfair competition, unlawful, or unfair, or fraudulent business activities; contracts, sponsorships; false advertising; trade libel; media; trademark infringement; intellectual property; patents; usage of models; advertising agencies; trade secrets; client business practices; unfair advertising; deceptive advertising; violations of Lanham Act; unjust enrichment; trademarks at issue; comparative advertising/promotion; licensing; packaging; the value of advertising and media campaigns.
Cases included contracts between partners, board directors, partners, founders, advertising agencies, clients, advertisers, suppliers, distributors, production firms and media.
For more, go to ideas, concepts and Marketing solutions at: LondreMarketing.com and look under “Articles and Resources” and the 9P’s/Nine P’s ©2007. Specifically you will find them detailed at 9P’s/Nine P’s.
I own a copyright for this concept, the Nine P’s/9 P's ©2007, which augments the Marketing Mix (Product, Price, Promotion and Place) and 4P’s by the American Marketing Association, Neil Borden and Jerome McCarthy in the study and practices of Marketing. It helps identify marketing problems in a number of areas and helps develop marketing’s objectives, strategies, tactics and solutions. If the customer is the center of all Marketing, why are the "People," the customers or potential customers missing in the equation? They are part of the Nine P's, right after "Planning." I consult and teach using the concepts and practices of the Nine P's/9P's of Marketing.
In the study and practice of Marketing, Marketing and Brand Managers develop plans, strategies and tactics. The Nine P’s include these important components:
- Planning
- People (Segmentation and Targeting)
- Product
- Place (Distribution): The company’s activities that make the product available, using distribution and trade channels, roles, coverage, assortments, locations, inventory and transportation characteristics and alternatives. Offering the right product at the right PLACE, at the right time, at the right price. Please consider, develop and review store and non-store, e-commerce and “brick and mortar” factors, considerations, objectives, strategies and tactics, including “Partners.”
- Price
- Promotion
- Partners/Alliances
- Presentation
- Passion