Expert witnesses are invaluable in legal disputes leading to courtroom showdowns. That’s especially true when legal proceedings include a jury.
People who may not understand the complexities of the matters being discussed will need clear explanations that break things down to the heart of the matter. Lawsuits involving tech issues can be difficult for non-tech experts to understand. In fact, even people in the industry might struggle to make sense of the high-level details surrounding a tech squabble.
People who aren’t familiar with the lingo of the industry might be at a loss for words as tech terminology goes right over their heads. That’s one reason for expert witnesses.
If you’re called for jury duty for a case involving complex technology issues, your head might spin. Lawyers from both sides will use terms you don’t fully comprehend, but expert witnesses retained by either or both sides can help you do your job as a juror in these six ways.
1. Translating Complex Tech Concepts
Expert witness testimony is essential in explaining technical jargon so it’s clear and easily digestible.
If the men and women on the jury don’t understand what’s being discussed or what’s at stake, they won’t be able to make intelligent decisions. Jurors will have help making sense of complex concepts to ensure the integrity of the legal proceedings isn’t jeopardized.
2. Providing Context for Digital Evidence
Whether the issue is phishing, ransomware, botnets, malware, DDoS attacks, data breaches, source code, authentication, or something else, you’ll want to know what they mean. It’ll be hard to help render a fair verdict if you don’t understand what the lawyer or witnesses said.
Expert witnesses with tech-specific knowledge can explain how digital evidence was obtained, attest to whether or not the evidence is reliable, and explain what the evidence means.
3. Clarifying Industry Standards
Jurors hearing cases about data breaches, source code, cybersecurity, software development, or other areas in the tech industry must know about industry best practices and whether or not these industry best practices were followed or ignored.
Expert witnesses are uniquely qualified to explain the norm and if there were any deviations from what’s expected given the circumstances.
Understanding industry standards and what the parties did or didn’t do will help jurors understand what’s at stake. You’ll be more confident as a juror when expert witnesses clarify industry standards.
4. Evaluating Patents & Intellectual Property Disputes
Patent issues in the tech space can cause a lot of legal issues. Harvard Business Review previously reported that big tech businesses in the U.S. regularly violated smaller companies’ intellectual property. It added that the U.S. government had projected that Chinese businesses ignoring IP protections cost the American economy up to $600 billion annually.
Patents are a regular source of conflict and often lead to problems in the courtroom. When jurors are asked to decide who’s wrong in such cases, they need expert witnesses to explain software copyrights, patent validity, and if patents were violated.
5. Assessing Technical Fault or Liability
In court cases involving hacking or IT failures, expert witnesses can provide information that helps jurors figure out responsibility and if negligence factored into the matter.
6. Interpreting Digital Forensic Evidence
According to the National Institute of Justice, almost one in two jurors expect scientific evidence during court cases. Specifically, 46% of jurors anticipate scientific evidence in every case.
In criminal cases involving encrypted data, deleted digital documents, and hacked accounts, expert witnesses can explain in plain language what forensic tools disclose and what the findings mean.
When it comes to legal cases involving technology issues, expert witnesses can help. If you’re called for jury duty, the information you get from these professionals can make your job a little easier.
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