Expert Witness Blog

In Cross-Examination Questions (and Answers) About Your Advertising, Rosalie Hamilton, the Expert's Expert on marketing writes:

 Answer questions honestly, and do not elaborate, except to further defuse the question.
 As with all deposition and courtroom questions, respond only to questions, not to statements; be comfortable with the silence and wait for a question.
 Don’t answer compound questions, or at least divide your response, with one answer to the first part of the question and a clearly separate answer to the second part.
 Don’t give credence to a line of questioning by trying to justify what doesn’t need to be justified. Your restraint will make the attorney look foolish to the jury.

Here are a few examples of questions you might encounter and suggestions of possible answers (Note: This is not a consecutive line of questioning):
Q: Do you advertise your expert witness services?
A: Yes, I do.
Q: Doesn’t that mean that you’re a hired gun?
A: No. (Don’t elaborate; make them explain, by your silence, what they mean by a hired gun. This you can then defuse. If the attorney continues that line of questioning, you can define “hired gun” for him as 'one who is willing to mold his opinion according to request,' which is not what you do).
Q: You’re available to testify for pay, and are willing to say whatever the attorney asks you to say; isn’t that correct? (compound question)
A: I am paid for my time and expertise in reviewing the case and to testify, if necessary, in deposition or court. What I say is my own opinion based on the facts of the case.
Q: I have a list of directories in which you advertise your services as an expert witness. You are hiring yourself out to testify for various attorneys, correct?
A: I list my services in directories so that attorneys know I am available for record review and testimony.
Q: You “promote” your expert witness services, isn’t that correct?
A: My resume and contact information are listed so that attorneys know I am available.
Q: Retaining counsel found you on one of these “directories,” isn’t that correct?
A: I don’t know.
Q: Your opinion is for sale, isn’t that so?
A: No, I base my opinion on the facts of the case and am paid for my time in reviewing the case and testifying about that opinion.

-- -- by Rosalie Hamilton, the Expert's Expert on marketing. She consults and coaches and provides full-service marketing for experts, including web site development. She is the author of The Expert Witness Marketing Book http://www.expertcommunications.com

In Cross-Examination Questions (and Answers) About Your Advertising, Rosalie Hamilton, the Expert's Expert on marketing writes:

Some experts are understandably wary of advertising. I see some forensic advertising that I consider objectionable, advertising that a skilled attorney could use to impeach an expert witness. On the other hand, the mere fact that one advertises is not objectionable. Advertising, in and of itself, is not the basis of being viewed as a “hired gun.” That results, instead, from the prostituting of oneself by manipulating the facts and opinions to provide a desired conclusion.

If you are concerned about how you will look when answering questions about marketing your expert services, remember that the attorney grilling you is probably listed in local, state, and national bar association publications; Martindale-Hubbell(c) attorney directory; local, state, and national legal magazines and newspapers; the Yellow Pages; and his child’s athletic booster directory. As was the judge when he practiced law as an attorney!

Do *not* take the questioning personally. Your responses to the questions, rather than the questions themselves, will determine the attitude of jurors and even judges toward you. Practice maintaining your poise and responses to emotion-loaded questions.

Successful experts say they let questions about their advertising “bother them all the way to the bank.” They have found that questions regarding advertising comprise only one of many issues on the cross-examination list and are not a problem when answered simply and truthfully.

Some time ago, I received the following inquiry regarding this issue:
"When lawyers start to beat up on me about the advertising, I'd like to have a few graceful and effective responses to defuse the issue. I realize that the expert's manner and tone in responding to questions of this type are critical and I have no problem in that sphere. I'm at a bit of a loss in terms of artfully phrasing the responses. Form is fine--could use some help with content. Could you advise?"

I am sharing my reply with you, our readers, because I think it addresses concerns common to many of you in expert consultant practices:
 Answer questions honestly, and do not elaborate, except to further defuse the question.
 As with all deposition and courtroom questions, respond only to questions, not to statements; be comfortable with the silence and wait for a question.
 Don’t answer compound questions, or at least divide your response, with one answer to the first part of the question and a clearly separate answer to the second part.
 Don’t give credence to a line of questioning by trying to justify what doesn’t need to be justified. Your restraint will make the attorney look foolish to the jury.

-- -- by Rosalie Hamilton, the Expert's Expert on marketing. She consults and coaches and provides full-service marketing for experts, including web site development. She is the author of The Expert Witness Marketing Book http://www.expertcommunications.com

In Litigants Are Not Your Clients, expert witness marketing consultant Rosalie Hamilton offers the caution that rarely does good come from doing "legal work" for a non-legal client.

In the future, if/when you get a call from an individual, simply inform him/her that you do medical-legal consulting work only for attorneys, and they should ask their attorney to call you. If no attorney, pass. Too much risk for the pay.

Read more: http://expertcommunications.blogspot.com/

At www.expertcommunications.com, expert witness marketing consultant Rosalie Hamilton asks: Do you want to know how to become an expert witness, or to get more clients and cases?

Ms. Hamilton is the leading authority on expert witness marketing and founder of Expert Communications. Her company provides customized marketing plans and consulting and coaching to individual experts and firms. Resources include training products, practice development, as well as one-on-one coaching on communication skills. From Rosalie:

Expert consultants are expert at their own professions; they are not expected to be experts at marketing.

The American Institute for Expert Witness Education’s Expert Witness Bootcamp is an intensive three-day clinic designed to develop and enhance the testifying and communication skills of professionals who serve as expert witnesses in the courtroom in a variety of industries including accounting, financial and valuation, marital dissolution, fraud investigation, medical, high technology, fire and others.

The AIEWE Bootcamp is not a program where attendees work on simulated case studies, but incorporates the attendee’s actual work product and engagements that are used to tailor and personalize the training.

Read more: http://www.nacva.com/CTI/CTIExpertWitnessBootcamp.asp

In BECOMING AN EXPERT WITNESS & DEVELOPING YOUR CURRICULUM VITA OR RÉSUMÉ, Hallie Bongar White & Jane Larrington of the The Southwest Center For Law And Policy offer a template for Writing A Curriculum Vita or Résumé. The Southwest Center For Law And Policy is a non-profit organization providing legal training and technical assistance for tribal law enforcement, courts, prosecutors, community health care professionals, victim advocates, social services, and community members. SWCLAP hosts the National Tribal Trial College.

Ms. White is an attorney and Executive Director of the Southwest Center for Law and Policy. Ms. Larrington is a reference librarian at the Thomas Jefferson School of Law and a staff attorney at the Southwest Center for Law and Policy.

Read more: http://www.swclap.org/pdfs/EXPERTWITNESS.pdf

Computer expert witness Judd Robbins, author of Expert Witness Training, Profit From Your Experience, writes: You're already a Professional. This book can enhance your reputation.

Two reviews from experts at Expert Communications:

"I just wanted to tell you that Judd Robbins' book, Expert Witness Training - Profit From Your Experience, is the best book on the topic I have read in over 20 years. It is concise and to the point, yet it covers a great many topics while still being readable. I highly recommend it."

"What a treasure of information! I was bowled over by how complete, thorough, and easy to understand this tactical book for expert witnesses is. I learned some things I did not know and got different viewpoints on the expert's role in the legal process. Consequently, I will be recommending that every client of mine purchase this book.Thanks. The Judd Robbins book was outstanding!"

Read more: http://expert-witnesses.net/book.html

In Your Competitive Advantage, leading authority on expert witness marketing and founder of Expert Communications Rosalie Hamilton writes:

A competitive advantage can be merely a perceived advantage. You can use this to your benefit. A large engineering firm may have many different specialties of engineers, along with its own testing facilities. Alternately, a sole practitioner engineer can promote himself as being more responsive to the attorney, more personally involved in each case, and possibly less costly. Learn to articulate your competitive advantage in a professional manner.

Read more: http://www.expertcommunications.com/

In Your Competitive Advantage, leading authority on expert witness marketing and founder of Expert Communications Rosalie Hamilton writes:

After objectively assessing your own strengths and weaknesses, determine your competitive advantage. Is your education or professional experience superior? If you are not a novice, have you handled a greater number of cases, or bigger or more successful cases, or have you worked with prestigious law firms? Do you present yourself more professionally or appear more credible? Are there exclusive dimensions to your expertise? What comprises your personal uniqueness and, therefore, your competitive edge?

Read more: http://www.expertcommunications.com/

In Who Said Experts Shouldn't Advertise?, leading authority on expert witness marketing and founder of Expert Communications Rosalie Hamilton writes:

In response to one of our recent emails to Expert News readers, we received an email saying, “I thought experts are not supposed to advertise, even through websites.”

I think you might find our dialogue of interest. I have edited the communication for length and confidentiality.
My emailed reply was:

....What experts need to be aware of is that their advertising, including their website, and their written articles, spoken presentations, and all other expression and utterances are available for scrutiny and potential criticism, so all of it needs to be professional and even conservative. An example of this caution would be to state on your website your areas of expertise and the services you perform for attorneys and the Court but not to state that you can help one side win or make other promises that bring your objectivity into question.

I hope this is helpful to you.

Read more: http://www.expertcommunications.com/

In Your Competitive Advantage, leading authority on expert witness marketing and founder of Expert Communications Rosalie Hamilton writes:

Who is your competition, and how do you compare? Considering that most cases requiring an expert witness involve at least two experts and our society shows no signs of becoming less litigious, competition should not be your primary concern in building an expert practice. You will learn valuable lessons, however, from analyzing the practices of two or three experts in your field. Study their professional qualifications, appearance, communication skills, and reputation among their peers, and note how they market themselves and the fees they charge.

Read more: http://www.expertcommunications.com/

In Who Said Experts Shouldn't Advertise?, leading authority on expert witness marketing and founder of Expert Communications Rosalie Hamilton writes:

In response to one of our recent emails to Expert News readers, we received an email saying, “I thought experts are not supposed to advertise, even through websites.”

I think you might find our dialogue of interest. I have edited the communication for length and confidentiality.
My emailed reply was:

XXX, I don't know where such an idea could have come from. I've only heard it from a couple of defense attorneys who of course don't want experts making themselves available for plaintiff lawyers as well as for defense (defense - including insurance - attorneys have no trouble finding experts; plaintiff attorneys have more difficulty, thus look for experts' advertising, as well as in other ways). Doctors and lawyers advertise; churches advertise; and so does every other product and service we use -- advertising is a fact of life.

Read more: http://www.expertcommunications.com/

In Peaks and Valleys for Expert Witnesses construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

“The worst part of a tight economy is a lack of funds to properly represent clients [President Carmen Roberto of the Ohio State Bar Association]. As a defense attorney he has had to forego hiring his own expert witness and relied on cross-examination of the prosecution’s witness. A possible upside is that tools like mediation, designed to ease court dockets, are being used now to save money.” (“Economy has ripple effect on lawyers,” J.D. Bruewer, October 5, 2010, www.limaohio.com.)

There you have it from the source: Attorneys do cut back on expenses in a bad economy and may even forego hiring an expert that they would otherwise have hired in a better economy. This equates to a lower retention rate for experts. That said, and with all due respect to Mr. Roberto, this is generally a big mistake in most cases. As Melvin Belli Sr. said, “The cost may be high to employ the expert, but it may be well higher not to employ one. Indeed, counsel who chooses to proceed without an expert may be flirting with malpractice.” (Melvin Belli Sr., Trial Magazine)

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation – earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com

In Peaks and Valleys for Expert Witnesses construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

One would initially think slower business might mean cost cutting on safety or reduced staffing causing overworking of employees, and higher productivity demands by management causing haste and a greater margin for error or bad judgment. Moreover, while some of this may occur, these are not the main reasons for a reduction in the retention of experts. When business slows, the incidents of product failure, construction accidents, personal injury, etc. slow with it. It comes down to simple math -- less opportunity equals fewer occurrences.

Experts who have been practicing for several years, through bad or slower than usual economies, report having experienced increased negotiation of expert fees. Attorneys and referral agencies will actively negotiate in an attempt to lower the expert’s hourly fee. “It’s not personal; it’s just business.”

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation – earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com

In Peaks and Valleys for Expert Witnesses construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

No matter which field of expertise you specialize in, as an expert witness you will experience peaks and valleys in the number of cases you are retained to opine on in a given year.

This may lead you to question your marketing efforts. And that is not, in and of itself, a bad idea. Your marketing plan should be reviewed every six months anyway. But your marketing program may not be the problem -- it may be the economy. Yes, even expert witness practices are subject to the effects of a bad economy.

Why, however? Let’s take a look at this question in depth. For most businesses, a bad economy or slow economy translates to lower sales and thus lower profits overall. Experts are not exempt from this common phenomenon.

When the economy slows, certain aspects of litigation do, in fact, increase. A case in point is the payment of debt. Business and individuals can have difficulty paying their debts in a bad or slow economy, sometimes resulting in litigation. As a consequence, some experts in the fields of forensic accounting and economics may actually see an increase in their retaining percentage.

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation – earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com

In Experts - How do you Advertise?, construction expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

The next topic was print advertising such as post cards, newsletters, ads in law journals and alike. To my surprise the vast majority of experts did not participate in this type of advertising. The main reasons given for this was cost and time. Many experts felt the return on their investment was too small. More importantly, they believed the time it took to compose the advertising, create artwork, label and mail advertising was simply too time-consuming. I for one participate in each and every form of advertising mentioned. A regular marketing plan to your target audience can pay huge dividends. Admittedly, I use and depend on a marketing professional for this purpose.

The discussion then turned into advertising your service. Many of the experts had a guarded view of advertising. The most common concern was how to answer questions by opposing counsel about expert advertising. I was reminded of a piece I read not long ago in which a professional in expert marketing - Rosalie Hamilton, the Expert's Expert on Marketing, http://www.expertcommunications.com/, said -

(Excerpt)
If you are concerned about how you will look when answering questions about marketing your expert services, remember that the attorney grilling you is probably listed in local, state, and national bar association publications; Martindale-Hubbell(c) attorney directory; local, state, and national legal magazines and newspapers; the Yellow Pages; and his child's athletic booster directory. As was the judge when he practiced law as an attorney!

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation.

Marketing expert witnesses may opine on marketing effectiveness, marketing research, marketing strategy, and more. At Expert Communications.com, Rosalie Hamilton provides methods for experts to find prospective attorneys, companies and insurers that need their expert consultant services. At ExpertCommunications.blogspot.com, attorney Elliott Wilcox, lead trial lawyer in nearly 200 jury trials and numerous non-jury trials, writes Tips for Testifying. Mr. Wilcox cautions that this is just a quick primer.

Don't get rushed. Get into the pattern of "Question - Pause - Answer." By ensuring that you pause after each question (regardless of the question's difficulty) you'll avoid getting pushed into rapidly answering the defense attorney's questions.

Talk to individual jurors, not "the jury." Make eye contact with individuals. Think "conversation," not "soliloquy."

Remember that you're always on stage. Maintain a serious composure before and after you testify. The jurors might see you as you drive into the courthouse, in the hallways as you wait to testify, or after you've finished testifying.

Read more: http://expertcommunications.blogspot.com/

In Experts - How do you Advertise?, construction expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Recently I had the opportunity to be involved in an in-depth discussion and survey of experts regarding the best forms of advertising. While hardly a scientific survey, the comments and results were extremely interesting.

Referral and listing services such as Forensis Group, TASA, JurisPro, HG Experts and others were mentioned. These services differ in how they charge experts. Some charge an annual fee to be listed in their database and some add a fee to the client who hires you through their service. The results were mixed. Approximately 70% of the experts favored services such as these. Some had very good experiences and some did not. For this expert the use of referral and listing services is a great form of exposure and an asset to my practice. These services receive thousands of hits or visits by attorneys looking for qualified experts. The cost is minimal compared to the amount of exposure and potential leads you can receive.

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation.

Marketing experts may consult on marketing effectiveness, marketing research, marketing strategy, and more. At Expert Communications.com, Rosalie Hamilton provides methods for experts to find attorneys, companies and insurers that need their expert consultant services. ExpertCommunications.blogspot.com writes:

Following Rosalie's June newsletter article, "How Much to Say in the Initial Inquiry Call," several experts sent me their own "initial call" procedures. Here is one so clear and comprehensive, I wanted to share it:

My retainer agreement not only lists the fees and scope of my work, but I also have a clause (in bold) that expressly forbids the attorney from disclosing me as an expert witness if the attorney has not retained me. This happened many times in my early career, and that is why I put it into my retainer agreement. The clause also states I will take action against the attorney if I am listed without being retained. This clause has stopped attorneys from listing me as expert without retaining me. In addition, I have proof that I sent them the retainer agreement, thus I know my clause has been read.

Read more: expertcommunications.blogspot.com.

Marketing expert witnesses may opine on marketing effectiveness, marketing research, marketing strategy, and more. At Expert Communications.com, Rosalie Hamilton provides methods for experts to find prospect attorneys, companies and insurers that need their expert consultant services. Here, an expert witness contributes to ExpertCommunications.blogspot.com:

I never, never offer an opinion of a case based on information given to me by the attorney. On the initial call, when asked my charges, and if I think I can help them, I simply reply that I cannot determine the cost until I have seen the documentation, and that I do not know what my final opinion will be until I have reviewed all documents and have performed my analysis. I do tell them I've done this for many years and I work quickly. By seeing my Rule 26, they can view the types of cases I have testified, and who the hiring attorney was. That lends to credibility.

Read more: expertcommunications.blogspot.com.