Expert Witness Blog

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.

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:

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. [editor's note: see other experts' experiences on being designated without permission in this past discussion.]

Read more: http://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. 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:

When a new attorney calls me and tells me general information about a case he has, I listen politely, I take notes to protect myself, and then I offer to send the attorney a copy of my CV, my Rule 26 disclosure, and a standard copy of my retainer agreement. Since the attorney calling always wants to know what my rates are, I simply tell them I will forward the retainer agreement, and all costs are fully disclosed. I then email all the documents to the "new" attorney.

Read more: expertcommunications.blogspot.com.

In EXPERT PAY DISCUSSION, Rosalie Hamilton, Legal Marketing Strategist for Expert Consultants, writes:

My recommendation is to use an agreement that lays out simply and clearly, at a minimum, your rates for review, deposition, court appearance, travel time, and expenses, as well as your required retainer. I also recommend that you include a cancellation policy so you are not left holding an empty bag along with an empty waiting room or office when deposition or court appearances are postponed or cancelled. There should be signature lines for you and the client and dates for both signatures.

In your engagement agreement, you can also choose to spell out your expected payment schedule and other details. You can specify additional elements as venue in case of disagreement, although some experts do not wish to bring up the negative.

Your engagement agreement can be called a Fee Schedule, Litigation Consulting Agreement or Contract, or it can be part of an engagement letter (see examples of engagement agreements in The Expert Witness Marketing Book).

Read more: expertcommunications.com.

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

(12) How did you find me? The answer can be valuable “intel” about your marketing and where you get the most bang for your promotional buck. Did the lawyer find you through a paid ad, a directory, an Internet listing, a Google search, by word of mouth? How? Keep track of how you get referrals. Consider beefing up your investment in those media. This question helps you fine tune your business development efforts, though chances are you may want to have fishing lines in each of these marketing “ponds” to maximize the odds of getting calls.

This is not an exhaustive list, and some of these questions may be unnecessary, depending on what the prospective client covers in the initial discussions. Other consultants and experts may adapt this template to the needs of a particular case. Getting these questions out in the open and getting straight answers can help the expert make a fully informed decision about accepting a case and determining the appropriate pricing approach.

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, risk management expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:
(11) When is it likely that expert depositions would be taken? Have dates been set? If not, would my deposition likely be taken in the next 30 days? Sixty days? Ninety days? This can be handy to know in terms of your own preparation, especially in conjunction with the amount of documents or materials you may need to review on a given case. A compressed time frame may also impact your fee structure, based on the idea that rush jobs cost more and merit premium pricing. Ask if the court has entered a scheduling order and, if so, determine the deadlines for depositions.

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 How to Write a Medical Malpractice Expert Witness Report, attorney Vivian Pearson explains:

Your medical malpractice expert witness report should be targeted to your attorney's specifications. Before you begin to prepare your report, know what he or she is expecting in terms or length, formatting, font, and amount of details to include. To ensure that you meet your attorney's guidelines and ensure you are paid on time, give your attorney a draft of the report to review before you put it in final form.
7. Disclose your fees. In some jurisdictions, you may be asked to disclose pay or other compensation you received in exchange for your report.

8. Sign and date the report. You will need to sign your name and certify that all of the information listed in your medical malpractice expert witness report is accurate to the best of your knowledge. You may be required to execute your signature in the presence of a notary public.

Read more: How to Write a Medical Malpractice Expert Witness Report | eHow.com http://www.ehow.com/how_5166512_write-malpractice-expert-witness-report.html#ixzz18ttAuscQ

In How to Write a Medical Malpractice Expert Witness Report, attorney Vivian Pearson explains:

Your medical malpractice expert witness report should be targeted to your attorney's specifications. Before you begin to prepare your report, know what he or she is expecting in terms or length, formatting, font, and amount of details to include. To ensure that you meet your attorney's guidelines and ensure you are paid on time, give your attorney a draft of the report to review before you put it in final form.

5. Give an objective medical assessment of the situation. To ensure that your report is valuable, discuss the medical issues accurately and in-depth, but avoid using medical jargon or overly-technical language that the attorneys and other parties to the case may not understand.

6. Explain how the medical evidence backs up your opinion using specific information about the case. Make sure that you have concrete medical facts to back up conclusions you make about the legal ramifications of the malpractice action.

In How to Write a Medical Malpractice Expert Witness Report, attorney Vivian Pearson explains:

Your medical malpractice expert witness report should be targeted to your attorney's specifications. Before you begin to prepare your report, know what he or she is expecting in terms or length, formatting, font, and amount of details to include. To ensure that you meet your attorney's guidelines and ensure you are paid on time, give your attorney a draft of the report to review before you put it in final form.

3. Describe the education and experience that makes you qualified to be an expert witness in the case. You will need to begin your report by discussing what degrees you hold, how long you have been working in the medical field, and for how many cases you have served as an expert witness.

4. Provide a description of your knowledge of the case. Discuss whether you obtained your information on the case through third-party documentation or whether you interviewed the doctors or patient in person.

Read more: How to Write a Medical Malpractice Expert Witness Report | eHow.com http://www.ehow.com/how_5166512_write-malpractice-expert-witness-report.html#ixzz18tpA0v3S

In How to Write a Medical Malpractice Expert Witness Report, attorney Vivian Pearson explains:

Your medical malpractice expert witness report should be targeted to your attorney's specifications. Before you begin to prepare your report, know what he or she is expecting in terms or length, formatting, font, and amount of details to include. To ensure that you meet your attorney's guidelines and ensure you are paid on time, give your attorney a draft of the report to review before you put it in final form.

1. Ask the attorney you are working for to help you define the scope of your report. Most jurisdictions have written rules that define what you may include in your medical malpractice expert witness report. Before you begin to work on the report, get a written set of guidelines.

2. Understand the purpose of your report. To write an effective report, make sure you have a clear understand of what the attorney hopes to accomplish with your report and make you are prepared to discuss all of the issues relevant to the case.

Read more: How to Write a Medical Malpractice Expert Witness Report | eHow.com http://www.ehow.com/how_5166512_write-malpractice-expert-witness-report.html#ixzz18tp5aILC

In Your Competitive Advantage, expert witness marketing consultant 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?

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.

In Your Competitive Advantage, expert witness marketing consultant 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.

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.