In this episode...
What makes expert witnessing feel like intellectual sport? Thad McIlroy, veteran AI, marketing, and social media expert witness, reveals the strategic art of testimony that's kept him engaged through three decades of complex cases.
McIlroy, describes the fascinating contrast between expert witnessing's formal structure and its underlying competitive nature—"the ultimate jousting" with words as weapons. For an accomplished author who's published or contributed to over 18 books and 500 articles, this verbal sparring represents the perfect intersection of intellectual challenge and professional application.
The conversation explores AI's double-edged role in expert witnessing. While acknowledging the technology's "hallucination problem" and potential pitfalls, McElroy advocates exploring its positive applications, particularly for research. This balanced perspective offers practical wisdom for experts navigating new technologies without compromising their testimony's integrity. His approach to AI mirrors his broader philosophy: identify risks clearly, then focus on beneficial applications with appropriate safeguards.
Beyond technical aspects, McIlroy shares candid insights about the expert-attorney relationship. He emphasizes establishing clear financial terms (always require retainers), maintaining professional boundaries while building rapport over multi-year cases, and recognizing when attorneys cut corners on crucial preparation. His practical advice about handling aggressive opposing counsel and thorough deposition preparation reveals the interpersonal dynamics that can make or break expert testimony.
For anyone considering expert witnessing or looking to enhance their practice, McIlroy offers compelling reasons to embrace this challenging role, practical strategies for success, and a realistic picture of both rewards and challenges. His journey demonstrates how specialized knowledge combined with strategic communication creates testimony that withstands scrutiny and serves the legal process effectively.
Listen and discover why after three decades, this expert witness still approaches each case with the same meticulous preparation and professional standards that have defined his distinguished career.