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In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance bad faith expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:
Consultants and expert witnesses are more used to answering questions than asking them. When the phone rings, there may be an attorney or prospective client on the other end of the line. He or she poses questions to the consultant or expert, trying to gauge whether there is a good “fit” between the client’s needs and what the practitioner can offer in the way of experience and expertise.
After answering prospective clients’ questions, effective consultants and expert witnesses may have some queries of their own. In fact, they should. Here are 12 questions that can form the basis of an effective fact-gathering process which unearths aspects of a case to help the consultant and expert witness gauge the degree of fit.
(6) In what court or jurisdiction is this: State or Federal Court? This may impact the speed of the docket, the caliber of the judge in the case, and the amount of leeway you will have in offering expert opinion.
(7) Where are you in discovery? Have any depositions been taken? Have they been completed?
Has document production been finished or is it in progress? Is there any motion practice? Are you coming onto the scene at the beginning, middle or end-game of the pre-trial process?
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/.