When expert witnesses laugh in court.
Автор: Mark Tottenham
Загружено: 2026-02-19
Просмотров: 7
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When an expert witness laughs in the witness box, it can undermine expert witness credibility and distract from the substance of the evidence.
This short video explains why this behaviour creates risk, and how it can be avoided — more at https://marktottenham.com.
In this edition of Expert Witness Red Flags, we examine how laughter or visible amusement during testimony may be interpreted by the court as a lack of seriousness, independence, or respect for the judicial process. Even when unintentional, such conduct can affect how an expert’s evidence is received, particularly where credibility, clarity, and impartiality are under close scrutiny.
Courts expect expert witnesses to assist objectively and with appropriate professional detachment. Behaviour that appears casual or jocular can introduce doubt about whether the expert understands their role or appreciates the gravity of the proceedings. In Graul v. Kansal (2022), the issue illustrates a broader, systemic risk: demeanour in the witness box can influence judicial confidence in expert evidence, irrespective of technical competence.
This video is intended for expert witnesses, solicitors, barristers, and legal teams who instruct experts. It highlights why courtroom presentation matters in practice, and how small behavioural lapses can carry disproportionate litigation risk.
Further guidance is available at https://marktottenham.com.
Professional updates and discussion can be found at / marktottenham .
Mark Tottenham is an experienced expert witness and keynote speaker on expert evidence and professional standards, and is available for speaking engagements.
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