Patience in Educational Marketing
Like all marketing, writing an expert witness article is not an instant gratifier. Although it has happened, do not expect your phone to immediately start ringing once your article appears. Writing an article does trigger the law of reciprocity. If you give the attorney something of value, the attorney will want to give you a call when the need arises. Your investment of your time to create a well-written article may pay off in a lucrative case retention.
Write an Article to Improve Your Expert Witness Marketing – Part 8
Your expert witness article should be geared to the attorney who would possibly hire you. In writing for your target market, remember, attorneys are generally impatient, and want usable information that is easy to digest. Therefore, the scope of the article should be narrow with a clear focus, written in a straightforward and clear manner. The style should be as non-technical as possible. Short paragraphs and sentences are usually preferred. Short subheads should be used to break the copy in longer articles.
Prior to submission, have someone competent proof read your article. No matter how much knowledge you have, the article will be rejected if it is poorly written. Indeed, if writing is not your forte’, consider having a co-writer (or even a ghost writer) help to convey your knowledge about the subject matter.
Write an Article to Improve Your Expert Witness Marketing – Part 7
Prior to submitting your expert witness article, learn what types of articles are generally accepted by editor. Request a copy of the publication be sent to you, and read the articles that were previously published. You might want to call and speak to the editor directly before submitting your article. Ask the editor what he or she looks for when reviewing submitted articles. This will aid in writing your article in a format and style that is most acceptable to the editor.
Know the formatting guidelines for submission. Many bar association’s websites contain detailed format guidelines for articles. For example, the Texas Bar Journal requires all articles be double spaced. In contrast, The Wyoming Lawyer wants single spaced articles using 12-point Times font. Some publications want the articles submitted on paper – others request it electronically. A few minutes of research will prevent your article from being rejected for formatting reasons.
Write an Article to Improve Your Expert Witness Marketing – Part 6
When writing your expert witness article, be aware of themes and publication calendars. For example, the Defense Research Institute traditionally uses “product liability” as its theme for its December issue of the “For the Defense.” Experts with an article in this magazine would have their information circulated to over 30,000 defense attorneys.
Your article could also be published on legal websites. For example, the Law Librarians Research Exchange (www.llrx.com) accepts articles and sends out emails to legal professionals about those articles. Another idea is to identify attorneys in your subject area (by looking up their practice area on the Internet), and sending to them your article along with your contact information, with a note stating simply: “This article may be of interest to you. Please contact me if I can ever be of service to you.”
Write an Article to Improve Your Expert Witness Marketing – Part 5
There is a wide array of publications that might publish your expert witness article. Nationally, some examples include “Trial Magazine,” “The National Law Journal,” “The ABA Journal,” and “Lawyer’s Weekly.” On the state level, there are legal magazines such as “Nevada Lawyer,” “Minnesota Lawyer,” and “New York Law Journal.” In addition, virtually every state bar association has a legal newspaper or magazine. For example, you could reach attorneys in California through the “California Bar Journal” or trial attorneys on the East Coast through the New York Trial Lawyers Association’s “Bill of Particulars.” Most state bar associations also have “sections” (such as litigation, real estate, tax, and employment, to name a few) that have newsletters or legal publication where your article could be published. Also, there are literally hundreds of “specialty” bar associations, such as the “National Association of Environmental Law Societies” and “Criminal Bar Association.” Searching on the Internet for a bar association related to your expertise could lead you directly to your target market.
Write an Article to Improve Your Expert Witness Marketing – Part 4
Another approach is to write your article on how to cross examine the opposing expert in your field. Many such articles are published in legal magazines. In this type of article, you could give advice on the following questions:
• What questions should be asked that will open doors to more information, or close doors on the opposing expert’s opinion on a particular issue?
• How can an attorney ferret out information from an opposing expert? What may an opposing expert be hiding?
Write an Article to Improve Your Expert Witness Marketing – Part 3
Writing an article is one of the best educational marketing tools available to you as an expert witness. In deciding what topic about which to write, answer questions such as these in your article:
• What are the key issues in your field, and how should an expert be able to address them?
• What should an attorney know when they have a case in this area?
Medical Malpractice and Juries
University of Missouri-Columbia law professor Phillip G. Peters, who examined 17 years of medical malpractice cases, is about to publish his findings in a law review article entitled “Doctors & Juries.” In it, he looked at various studies where independent expert witnesses reviewed cases. He found that juries agree with these independent experts over 80% of the time, suggesting that juries are not that far off the mark. However, looking at this statistic the other way, physicians would be alarmed to find out that there is up to a 20% chance that they will be found liable in a case that lacks merit in the eyes of independent experts. Overall, juries are so reluctant to hold physicians liable that they render defense verdicts in half of the cases that independent medical experts think plaintiff should win.
Professor Peters concludes that his research shows that it is very difficult for plaintiffs to win a medical malpractice case at trial. This would largely explain why so many medical malpractice cases are settled outside of court.
Plaintiff Magazine to have an Expert Witness Issue
A new magazine called “Plaintiff magazine” will debut this summer. Published by the same company that issues “The Advocate” magazine, the target market will be plaintiff attorneys in Northern California.
The magazine has announced that its March 2008 issue will focus on expert witnesses.
As stated by the publishers of Plaintiff:
Expert Witness Testifies Toddler was Struck with ‘substantial’ force, expert testifies
Dr. Andreas A. Theodorou, a pediatric expert witness, testified that the 2005 death of a 16-month-old child likely stemmed from a deliberate violent injury. Emily Mays died in Aug. 24, 2005, while in foster care. Her injuries included a subdural hematoma, or bleeding on the brain. The foster parents told authorities that Emily hit her head when she fell against a changing table in their home.
As reported in the Tuscon Citizen, the expert witness testified:
“The force it takes for a subdural hematoma is substantial, like falling several stories, being flung to a wall or a high-speed auto accident. It’s not caused by rolling off a changing table or by a linear fall of a few feet.”