“We become better together when we engage to learn different viewpoints” stated webinar moderator Marie-Petra Adams, Vice President of Client Success, during IMS Legal Strategies' Black History Month panel discussion. This powerful sentiment set the stage for an enlightening conversation about the experiences of Black expert witnesses in today’s legal world, which was co-moderated by IMS Director of Revenue Operations Ricketta Pointer, EdD and hosted by the IMS DEIB Committee.
With decades of combined expertise in forensic studies, life care planning, pharmaceutical market research, and environmental law, our four guest panelists shared insights into the unique challenges they face as Black expert witnesses—and how they navigate them with resilience, credibility, and professionalism. We are privileged to share their insights with our broader audience.
Breaking Barriers in the Courtroom
Expert witnesses play a pivotal role in shaping legal outcomes. Their testimony can validate claims, clarify complex issues, and ultimately impact judicial decisions. However, for Black experts, the path to being recognized as credible voices in their fields can come with heightened scrutiny and bias.
A Different Perspective
David Thomas, PhD, a retired police officer and professor of forensic studies, spoke about these barriers and his duality as both a Black man and a law enforcement professional. "At times, I'm stuck in the middle. The Black community expects me to uphold every virtue and value, and the law enforcement community does too. But my job is to present the objective truth." He explained that his approach to overcoming scrutiny is to remain steadfast in his commitment to impartiality, ensuring that his expertise is rooted in factual evidence rather than personal or societal expectations.
Charlotte Warmington, RN, CLCP, ACLS, LNCC, reinforced the importance of staying objective and professional in high-stakes litigation. “I work with both [plaintiff and defense] sides, so I have to stay within my wheelhouse and ensure my testimony remains reliable and defensible,” she explained.
Warmington highlighted one challenge she’s encountered in the courtroom: the way Black women are perceived as aggressive by society. “Attorneys have specifically hired me because of my calm demeanor. In this field, maintaining composure is essential. I credit my ability to stay level-headed to my background as a neonatal ICU nurse, where there’s no room for overreaction.”
By confidently standing by her expertise while avoiding any misperceptions of aggression, Warmington, like Dr. Thomas, effectively navigates societal biases that could otherwise undermine her testimony.
Expert Testimony in High-Stakes Litigation
One of the key takeaways from the discussion was the importance of expert witness preparation, emotional control, and report quality. Seasoned pharmaceutical industry leader and consultant Larry Reid shared six fundamental lessons for navigating high-stakes litigation as a Back expert witness.
Avoid engaging in unnecessary debates or reacting emotionally to opposing counsel’s provocations. Instead, concentrate on presenting clear, factual, and well-supported testimony that strengthens your recommendations.
- Listen to understand, not just to respond.
Many people instinctively listen to formulate a response or rebuttal, rather than genuinely understanding what is being asked. Expert witnesses must exercise patience and fully comprehend the nuances of each question before responding.
- Effectively educate litigation stakeholders and courtroom audiences with clarity.
An expert witness is, at their core, an educator. They translate complex information into accessible insights for attorneys, judges, and juries, all while maintaining an authoritative yet respectful tone that enhances their credibility.
- Break the rhythm of opposing counsel to control the narrative.
Attorneys may use rapid questioning or leading statements to trip up expert witnesses. Reid emphasized the importance of strategically pausing, carefully considering each response to avoid being manipulated into damaging testimony.
- Maintain exceptional quality in expert reports.
The written expert report is just as critical as oral testimony. It must be logically structured, evidence-based, and free from inconsistencies or ambiguities. A well-crafted report strengthens an expert’s position and makes it significantly more difficult for opposing counsel to discredit findings.
- Demonstrate superb control of emotions, especially under pressure.
Expert witnesses will inevitably face tough cross-examinations. Maintaining composure, staying professional, and responding with measured confidence ensures that credibility remains intact, and testimony remains effective.
Reid recounted an incident where opposing counsel attempted to undermine his credibility by playing back a video of his deposition, hoping to rattle him. Instead, he saw it as an opportunity to improve his delivery and strengthen his argument. "I realized I was breaking the questioner’s rhythm and remaining composed. It reinforced the importance of patience and focus."
Keith Matthews, JD, an environmental law expert, underscored the significance of being unassailable in one’s field. "You can’t challenge my credentials. In my specialty, I am a preeminent expert. There is no one who knows what I do better than me." His advice to aspiring Black experts? "Be the best at what you do. Preparation is key. If your work is bulletproof, no one can take that away from you."
Navigating Bias and the Role of Race in Expert Testimony
Race continues to play a role in how Black experts are perceived in the courtroom. Reid highlighted how Black males are often unfairly viewed as overly emotional, impatient, or intellectually inferior. "Opposing counsel will sometimes use these stereotypes to try to trigger your emotions," he explained. For Black experts, avoiding these traps requires careful emotional control, measured responses, and an unshakable focus on the facts.
Warmington has observed that attorneys sometimes retain her specifically for her ability to maintain composure in high-pressure situations, "I ensure that my professionalism and credibility speak louder than any bias I may encounter," she said. Her approach underscores that expertise and composure can be powerful tools in overcoming prejudices and shaping how Black experts are perceived in the courtroom.
Matthews broadened the discussion by addressing the complexities of professional identity in the legal field. "You have to ask yourself: Are you a Black lawyer or a lawyer who is Black? My race has nothing to do with my competence. I’m not a Black expert; I’m an expert at what I do. Regardless of my skin color, I’m going to provide trusted and reliable testimony, and that’s all that matters."
Mentorship Matters
Beyond individual success, the panelists emphasized the importance of mentorship and increasing representation. Dr. Thomas, who mentors Black law enforcement professionals, noted, "My phone rings daily with young officers and students seeking guidance. It's my responsibility to show them the way."
Charlotte Warmington takes a similar approach, welcoming all who seek her insight. "I don’t go looking for mentees, but I never turn people away. People are drawn to those who listen. If they reach out, I make time."
For Larry Reid, mentorship is a strategic process. "I assess eagerness, meet individuals where they are, and commit to helping them succeed. I tell them, ‘If we’re working together, I’ll never let you fail.’"
Keith Matthews offered a more hard-nosed perspective: "As a Black man, to be perceived as competent, you have to be seen as above competence. My advice to anyone I’m mentoring is to know what you’re doing and show up on time. Preparation is key. Don’t let people perceive you as incompetent."
Moving Forward on Merit Alone
The experiences shared during this panel discussion highlight the ongoing challenges Black expert witnesses face in the legal world. From navigating bias to maintaining credibility under heightened scrutiny, these professionals continue to set a high standard in their respective fields.
As the legal landscape evolves, the need for diverse, knowledgeable, and highly skilled expert witnesses remains critical. The insights from this discussion reinforce the importance of fostering an inclusive environment where expertise is recognized and valued based on merit, not perception.
Watch the Recorded Discussion
