How to Testify as an Expert Witness

At the 35th Annual ACFE Global Fraud Conference, "Testifying as an Expert Witness," presented by Tasha Soroosh, Deputy District Attorney IV at the Orange County District Attorney’s Office provided invaluable insights into the intricacies of courtroom testimony for fraud examiners, emphasizing the importance of preparation, professionalism and effective communication. 

Soroosh began by highlighting the critical role of testimony in the lifecycle of a fraud investigation. She noted, "There is no point in investigating a case if you can’t follow it through with testimony on the stand." This underscores the necessity for fraud investigators to be adept not only at uncovering fraud but also at convincingly presenting their findings in court. 

One of the key learning objectives of the session was tailoring fraud investigations to withstand the scrutiny of courtroom testimony. Soroosh stressed the importance of meticulous documentation, as cases can take years to go to trial. "Write quality reports," she advised, pointing out that comprehensive, well-documented reports are essential as they form the basis of testimony years later. 

Preparation: The Backbone of an Effective Testimony 

Preparation was a central theme throughout Soroosh's presentation. She provided a detailed roadmap for both self-preparation and collaboration with attorneys. This included visiting courthouses, reading prior transcripts and observing colleagues testify. "You can’t prepare too early, or too much," she emphasized, advising fraud examiners to begin preparation as soon as an investigation hints at a possible case. 

A significant part of preparation involves understanding one's qualifications and being able to communicate them effectively. Soroosh advised attendees to maintain an up-to-date CV, detailing their education, employment, training, publications and prior testimony experiences. This not only establishes credibility but also ensures the examiner is well-prepared to assert their expertise on the stand. 

Soroosh provided practical tips to enhance the effectiveness of testimony. These included: 

• Know Your Case: Thoroughly review reports, materials and exhibits. Knowing the facts of the case inside and out is crucial. If a detail is forgotten, it i’s acceptable to ask to refer to the report to refresh your memory. 

• Engage in Mock Trials: Participating in or observing mock trials can provide valuable insights and help examiners gain confidence in their testimony skills. 

• Communication with Attorneys: Regular meetings with the attorney handling the case are essential. Discussing potential questions and highlighting any weaknesses in the case beforehand can prevent surprises during testimony. 

Dos and Don'ts in the Courtroom 

Soroosh also delved into courtroom etiquette and the dos and don'ts of testifying. Maintaining a professional appearance, being mindful of body language, and avoiding distracting mannerisms were some of the points she highlighted. She also emphasized the importance of concise and clear communication, advising against using qualifiers like "I think" or "I guess,”," which can undermine the strength of the testimony. 

Moreover, Soroosh discussed the importance of listening carefully to questions and ensuring they are fully understood before answering. If uncertain, it i's better to ask for a question to be repeated or rephrased. This prevents misunderstandings and ensures accurate responses. 

Cross-examinations can be particularly challenging, and Soroosh provided strategies to handle them effectively. Staying calm, professional and consistent in demeanor is vital. She recommended techniques such as pausing before answering to allow for objections and breaking the rhythm of rapid-fire questions by taking a moment to breathe or sip water. 

Soroosh concluded her session by reinforcing the significance of preparation, continuous learning and professional growth. She encouraged attendees to pursue continuing education, participate in professional societies such as the ACFE and engage in teaching and seminars. These activities not only enhance one's expertise but also contribute to becoming a more effective witness.