Expert Witness Blog

Market analysis expert Rosalie Hamilton offers tips on expert witness marketing at http://expertcommunications.blogspot.com/.

I frequently read advice and reactions from attorneys and judges regarding expert witnesses. It is rare, however, to hear it from a juror's perspective. Here are one juror's comments after a recent seven day trial:

Expert Witness for Plaintiff [EWP] was not board certified and claimed the reason he wasn't was that it was too expensive.

EWP was flown into [city X] from [several states away]. This was suspect , as we do have a leading medical center here; surely they could have found an ontological hematologist from [city X]. Would have set better with [city X] jury for sure!

EWP' s attitude -- I'm right and everyone else is wrong -- was simply not digestible by this jury. It just didn't wash. There not standard of protocol for this treatment, so there can be no absolutes.

EWP did not address the jury, but plaintiff's lawyer.

EWP was not cool or calm.

The Expert Witness for the Defense [EWD] was excellent. Spoke directly to the jury, was board certified...EWD was careful to state, that for this patient, this situation, the doctor made right decisions. Plaintiff's lawyer was able to get EWD to agree to many things, but EWD kept clarifying with, "I agree to this, but not for this patient in this situation."

Marketing effectiveness expert Rosalie Hamilton offers tips on expert witness marketing at http://expertcommunications.blogspot.com/.

Commentary for expert consultants to the legal industry and the methods to find prospect attorneys, companies and insurers that need their expert consultant services. Current trends in billing habits, legislation, advertising and business development for doctors, engineers, CPAs, criminalists, professors, scientists, investigators, legal nurse consultants, etc. Discussion of the ins and outs of professionals working within the weird world of attorneys, courts and litigation.

In

Manners Matter for Expert Witnesses,

Experts should not let their tempers show no matter how bad the behavior of the questioning attorney. If the expert maintains his or her composure and the cross-examining attorney does not, it can only negatively impact the other side. Some of the the worst expert testimony I saw was due to argumentative or defensive testimony by the expert on cross-examination.

I will add from a marketing perspective that word gets around among attorneys. If you are known as composed and well-mannered, you are more likely to be referred and recommended to other attorneys.

(Unfortunately, this article is not available online but I highly recommend you read the entire article if possible. Judge Polos has valuable advice on several areas of expert witnessing).

Read more: expertcommunicationsblogspot.com.

In Hostile Opposing Counsel Expert Communications.com writes:

This all brings to mind a deposition I had in which the opposing counsel made a very big deal of the fact I had not brought exactly some financial data on my expert practice he had requested (I had brought something equivalent and in fact more responsive to his concerns). He then proceeded to politely but persistently ask me the same question over and over, in different ways but always the same question. My answer was critical to his case, and I answered politely but firmly each time. He never got what he wanted, and politely made sure I knew he was not happy about this. I thought he was a bit of a jerk.

Several months later he called me and asked me to work with him on a case. He introduced me to his partners as an expert who "is really good". It was only then that I realized he had been "trying me on for size" in that first deposition. Since that time he and his partners have become regular clients. I have come to understand he is in fact a pretty nice guy, and a well respected attorney. Learning how lawyers play the game is one of the many things I enjoy about my expert practice.

In Hostile Opposing Counsel Expert Communications.com writes:

If the attorney spends most of the deposition attacking how much money you make as an expert witness or how you testify more for one side or the other, or is extremely obnoxious and aggressive, just remain cool and calm. You have already won the case and that attorney knows it all too well. His only hope is to get you crack and say or do something stupid. Like you said, these tactics are primarily in depositions where they can't be "seen". These kinds of tactics are rarely used in front of a jury because the jury would see them for what they are. In addition, while you can't always depend on it, judges may limit some of these theatrics as your client attorney may object to the witness being abused.

In Hostile Opposing Counsel Expert Communications.com writes:

I have been doing expert witness work for 25 years. Attorneys basically have two tactics. They can either attack your opinions or attack you personally. If the whole deposition is about attacking you personally, you know you have won! If you the attorney could attack your objective opinions, he would certainly do so. If he refrains from attacking your objective opinions, he knows you are completely accurate. Therefore, since he can't directly dispute your opinions, he can only attempt to discredit you and therefore, by implication, your opinions.

In Be a Better Expert Witness, marketing expert Rosalie Hamilton asks "What proactive steps will you take to be a better and more in-demand expert consultant?

Developing your practice and becoming a more effective expert consultant requires that you perform an honest assessment of yourself and your practice. Based on what you determine to be areas that need improvement, steps to take could include: honing your skills at case review, opinion report writing, testifying in deposition and court, and marketing your practice.

If you are new to providing services to attorneys and have not read The Expert Witness Handbook by Dan Poynter, an expert witness, this book would be a good choice. It presents an overview, along with practical, time-tested advice and examples.

If you are more seasoned in this work, you need The A to Z Guide to Expert Witnessing. It is not as easy a read as Poynter's book but is truly comprehensive, a complete reference source for your practice, and a must-have for your library.

The most important book for an expert's skill set is Writing and Defending Your Expert Report. If your credentials qualify you for legal case consulting, then the next and most important line of attack is your opinion report, and your permission to testify and credibility in doing so depend upon your ability to produce an effective and defensible report.

Last, I wrote The Expert Witness Marketing Book as an outline for experts to use to professionally, safely, and successfully market their services. Whether they do their own marketing, have a marketing director, or use us as their marketing department, experts say they dog-ear the pages because they re-read it and refer back to it so often.

Read more: ExpertCommunications.com.

In Publicity and Credibility Through Writing, marketing strategy expert Rosalie Hamilton writes:

When your expertise is publicized in articles and books, it does not look like advertising, it does not feel like advertising, but, delightfully, it works like advertising. Publicity is, in fact, the best promotional avenue after networking. Even better - it is usually free.

Appearing in publications as a writer confers credibility and authority upon the author. Your profession may even demand that you have peer-reviewed, published works. One tangible benefit from writing is that attorneys search the Internet for publications related to the subjects of their cases in order to find related, qualified expert witnesses. Being a published author can create additional publicity in the form of media interviews, book signings, and book reviews. While writing requires a tremendous effort, the benefits of being published definitely make the effort worthwhile.

Legal Periodicals

Many legal newspapers, magazines and journals will accept articles from non-attorneys on a subject that will benefit their readers.

Trade Journals

Being published engenders instant respect from your peers, who know how challenging it is to write anything of substance. If an attorney consults trade journals to find experts, you will stand out.

Mainstream Publications

Reporters and editors seek out experts to comment on current news items. They maintain a large card file of people who can provide a "sound bite" spontaneously for print or air. Even one successful contact could provide valuable public exposure and enhance your credibility as an expert in your field.

Opinion Pages, Letters to Editors, Book Reviews

Keep in mind that these reach the general consumer rather than targeting the legal community. They are, however, free forums and, in many cases, widely read.

Note:Remember to identify yourself and list your contact information on any writing you submit for publication.

In My Favorite Top 10 Strategies and Tactics Used by Expert Witnesses in Deposition and Trial Testimony, computers expert witness Judd Robbins writes:

Expert Witness Tactic #7: Whenever you attempt to answer a list-related question, end your answer with: "that's all I can recall at this moment." This permits you to bring up additional list items later.

Expert Witness Tactic #8: Answer questions as simply as possible. Yes or No is excellent, whenever possible. Stop as soon as you answer the question that was asked. Then just wait for the next question.

Expert Witness Tactic #9: Remember that you do not need absolute conclusions. You only need to express your best opinion, based on the most probable scenario, and to a reasonable degree of scientific or medical certainty.

Expert Witness Tactic #10: People realize that nobody knows everything, not even experts. What you do know, you should answer confidently. What you do not know, you should admit readily.

In My Favorite Top 10 Strategies and Tactics Used by Expert Witnesses in Deposition and Trial Testimony, computers expert witness Judd Robbins writes:

Expert Witness Tactic #4: If you are the expert for the plaintiff, consider all the possibilities. Prepare to explain why you may have chosen one or only a subset of the possibilities as the basis for your opinion.

Expert Witness Tactic #5: Listen. Listen. Listen ... to exactly what an attorney asks you. If you do not hear the question fully, or if you do not understand the question completely, how can you possibly answer it effectively and correctly?

Expert Witness Tactic #6: If you are the defendant's expert, you should list other possibilities that the plaintiff's expert should have considered, and why.

Visit http://www.expert-witnesses.net to learn more about each of these tips and other expert witness advice, and get a jump start on your competition by discovering how to earn additional income as an expert witness in your specialty area.

In My Favorite Top 10 Strategies and Tactics Used by Expert Witnesses in Deposition and Trial Testimony, intellectual property expert witness Judd Robbins writes:

Expert Witness Tactic #1: Understanding the Daubert Supreme Court case and the implications on your performance as an expert will increase the likelihood that attorneys will hire you and that your eventual opinions and testimony will be legally acceptable.

Expert Witness Tactic #2: You can contribute to each case by providing your attorney with analyses of the facts, regardless of whether your findings seem helpful or not to the side that hired you.

Expert Witness Tactic #3: Never say 'never' and always avoid 'always' in your opinions.

Marketing expert Rosalie Hamilton offers this article on her website: Keeping Your Small Business Going After Surgery, by Dr. Jean Murray.

I wanted to tell you about my experience and give you some suggestions for getting through with your health and your business intact.

3. Get help. I turned over all my bookkeeping to my brother-in-law, who works cheap and who is a QuickBooks wizard. And I loaded my VA up with tasks. Of course, you may not have a VA or a brother-in-law, but you’d be surprised how friends and family will pitch in if you ask.

4. Focus on the essentials. Don’t spend time on items that aren’t necessary right now.

5. Don’t overestimate. The biggest shock I had was how bad I felt for so long, partly because of the drugs I was taking for pain, but just in general too. I had difficulty concentrating on work for very long, and I spent a lot of time sleeping and watching TV (and I NEVER watch TV!).

It has only been in the last week that I have been able to sit for any time in a chair. I do as much as I can every day, and that’s all. I have been able to keep up with my work, but just barely. If I had tried to do more, the stress would have not been helpful.

6. Think long-term. I learned I could make it through surgery and keep my business going. No, it’s not expanding, but that’s OK.

For more, see expertcommunications.com.

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Marketing expert Rosalie Hamilton offers this article on her website: Keeping Your Small Business Going After Surgery, by Dr. Jean Murray.

I wanted to tell you about my experience and give you some suggestions for getting through with your health and your business intact.

1. Plan and work ahead. This sounds obvious, but it takes some doing. For my freelance writing, I write content that includes a blog and articles every week. I worked hard before surgery to get ahead at least 5 days, so I didn’t have to worry about writing from my hospital bed. With other writing jobs, I anticipated what had to be done and did as much as I could beforehand. Sure, it made double work in some cases, but it helped a lot not to have to worry about things not getting done.

2. Communicate with everyone. I sent out emails to clients, editors, vendors, everyone I could think of. People are incredibly understanding if you let them know what is going on. It’s much better to inform people you won’t be able to communicate than to leave them wondering what happened to you.

For more, see expertcommunications.com.

Marketing expert Rosalie Hamilton has this to say on expert witness retainers:

You should NOT empty your waiting room, re-arrange appointments, etc., to schedule deposition or courtroom time UNTIL you receive a check for the full, estimated time. Then, if they postpone or cancel, you can refund money on a sliding scale (see Fee Schedule and related info in The Expert Witnessing Marketing Book) based on how easy/difficult it is and based on the date of postponement/cancellation, how easy is it is for you to restore your local work schedule.

I hear this over and over, and experts should not experience loss of income due to dates being moved by the courts and the attorneys.

For more, see expertcommunications.com.

In Are You Ready to Be An Expert Witness? computer expert witness Judd Robbins writes: "The fact is, judges and juries aren't fond of 'professional' expert witnesses, who go from trial to trial as their primary means of support. But they do like working professionals who have an expertise in their fields, who maintain their day jobs, but who also know and understand the legal process."

Robbins advises professionals who want to get into the expert witness field that they need to become familiar with the three primary ways expert witnesses work with attorneys:

(3 of 3) Opinions -- In some cases, you will then use the information from the assessment stage to form an opinion, and then you will be called upon to deliver that opinion in court on the witness stand or in a recorded deposition. In many more instances, however, your work will take place entirely behind the scenes as an expert who never testifies.

Robbins is the author of Expert Witness Training (www.expert-witnesses.net). Excerpted from marketwire.com.

In When the Phone Rings ... Twelve Questions for Prospective Expert Witness Assignments, risk management expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:

(10) How voluminous are the materials that need to be reviewed? It may matter to you whether the answer is 200 pages or six bankers’ boxes. Again, consider the deadline for submitting expert reports in conjunction with the estimated amount of material to be reviewed. The relationship between these two may impact your interest and ability to take the case, especially if you are stretched thin juggling other commitments. Extensive document review under a tight time frame may impact your willingness to take the case, your ability to devote the needed time to it, and the pricing level you quote for the engagement.

Kevin M. Quinley is a leading authority on insurance issues, including risk management, claims, bad faith, coverages and litigation management. He is the author of more than 600 articles and 10 books. You can reach him through http://www.insuranceexpertnetwork.com/.

In Are You Ready to Be An Expert Witness? intellectual property expert witness Judd Robbins writes: "The fact is, judges and juries aren't fond of 'professional' expert witnesses, who go from trial to trial as their primary means of support. But they do like working professionals who have an expertise in their fields, who maintain their day jobs, but who also know and understand the legal process."

Robbins advises professionals who want to get into the expert witness field that they need to become familiar with the three primary ways expert witnesses work with attorneys:

(2 of 3) Assessment -- Attorneys will sometimes hire you to assess the technical merits of either or both side's claims. Your job is to make an objective assessment about the potential strengths or weaknesses of those claims, giving your client the ability to use that information to either prove their case or disprove their opponent's case.

Robbins is the author of Expert Witness Training (www.expert-witnesses.net). Excerpted from marketwire.com.

In Are You Ready to Be An Expert Witness? computer expert witness Judd Robbins writes: "The fact is, judges and juries aren't fond of 'professional' expert witnesses, who go from trial to trial as their primary means of support. But they do like working professionals who have an expertise in their fields, who maintain their day jobs, but who also know and understand the legal process."

Robbins advises professionals who want to get into the expert witness field that they need to become familiar with the three primary ways expert witnesses work with attorneys:

(1 of 3) Investigation -- As an expert witness, you study the technical details of materials, accidents or other events. You might run tests, create reconstructions, or research books and journals for writings on the same subject matter as your case. Your primary role in the beginning stage of an investigation is to learn the technical facts of the case and to explain to your retaining attorney the application of those facts.

Robbins is the author of Expert Witness Training (www.expert-witnesses.net). Excerpted from marketwire.com.

In When the Phone Rings ... Twelve Questions for Prospective Expert Witness Assignments, insurance claims expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:

(9) Is there a trial date yet? If so, when? This also gives you a sense of the expected pace and timeline of the case. This can be highly relevant, especially if you are in a busy phase and juggling many engagements. You may have conflicting trial dates on other cases, or be
scheduled for a deposition or attending a conference for which you have pre-registered. An
imminent trial date may portend, “Fire Drill!” A futuristic or unset trial date may suggest that you will have ample time to analyze and digest the requisite materials without a crisis atmosphere. Some people thrive on crises; others have a hard time functioning effectively in this atmosphere. The proximity of the trial date may suggest the degree of “juggling” you may or may not have to do with other assignments and obligations.

Kevin M. Quinley is a leading authority on insurance issues, including risk management, claims, bad faith, coverages and litigation management. He is the author of more than 600 articles and 10 books. You can reach him through http://www.insuranceexpertnetwork.com/.

In When the Phone Rings ... Twelve Questions for Prospective Expert Witness Assignments, insurance bad faith expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:

(8) Is this a rebuttal report? Has the other side disclosed its experts? If you are being asked to provide a rebuttal report, odds are that there is already an opposing expert who has weighed in on the issue for which your view is being sought. There may be situations that present not an outright conflict, but a potentially awkward situation. If the opposing expert is a good friend, business colleague, mentor, etc., you may be uncomfortable in opposing him or her. You may want to know the identity of the opposing expert before agreeing to take the case. Maybe the person has some business tie to you. Maybe she is a friend or mentor. Perhaps he is an industry guru whom you do not feel comfortable contradicting. Maybe he is a buffoon and you relish the chance to go head-to-head. It’s best to know up front before saying yes or no to the engagement.

Kevin M. Quinley is a leading authority on insurance issues, including risk management, claims, bad faith, coverages and litigation management. He is the author of more than 600 articles and 10 books. You can reach him through http://www.insuranceexpertnetwork.com/.