What makes an expert witness effective in the courtroom?

Barry Newton: It’s about communication. A forensic engineer has to learn to communicate technical things to a jury. The effectiveness of an expert witness is about their ability to accurately apply science to an incident and communicate the technical details in an understandable way. I try to work with all our investigators to excel in these skills.

Brad Forsyth: If your opinion is well considered and well substantiated, then your job is to convey that information clearly. In the courtroom, it’s more of a teaching perspective. We regularly provide technical training to both experts and entry-level personnel all around the world, and there’s a lot of overlap between training and testifying. It’s our job to make complex ideas accessible and easy to understand.

Barry Newton: Ultimately, attorneys are thinking about how the jury will receive our opinions. Brad got it right when he said, “Substantiate your opinion, then communicate it.”

What kind of foundation does WHA bring to litigation support?

Barry Newton: The qualification for an expert is about background, training, and experience. And WHA has that. We have direct, hands-on experience with hazardous fluids — oxygen, hydrogen, nitrous oxide, other fuel gases — that most experts only read about.

Brad Forsyth: Our testing and research inform our expert opinions. And we’ve developed and operated the systems that most experts only theorize about. WHA’s test capabilities are very unique and are used by industry routinely to help with their evaluation of hazards. WHA’s test background and experience are fundamental to our forensic investigations and scientific approach. That makes a difference in depositions and trials.

Barry Newton: WHA experts have also helped develop the very standards used in court from ASTM, ISO, NFPA, EIGA, CGA, and more. We’re not just applying the science; we’ve helped write the playbook.

What’s unique about failure analysis in the context of being an expert witness?

Brad Forsyth: The stakes are high. You’re helping clients understand what happened, while also positioning that understanding within a legal context. And the responsibility extends beyond the courtroom… You have to manage evidence, maintain the chain of custody, conduct accurate investigations, and prepare for scrutiny in depositions and trials.

Barry Newton: There are many subtle nuances to being a successful expert witness, but again, at its core, it’s about getting the science right and communicating the concepts. When you let the evidence guide the conclusions, and if you’re doing it right, it’ll hold up anywhere — even under cross-examination.

Brad Forsyth: Definitely. We’ve supported hundreds of investigations, and when you’ve done the work, the results speak for themselves.