In an article appropriately entitled Expert Witness 'Drought' To Hit Lenders In 2008, specialists at a leading UK law firm foresaw a shortfall of "credible" expert witnesses to help defend sub-prime and impaired credit lenders in what was predicted to be rash of lawsuits in response to the continuing credit crisis. Interestingly enough this is indeed now happening in 2009. Expert witness search firms are stocking up, but consider moving quickly if you need an expert in this field.

Round Table Group's The Expert Advisor, a popular publication for lawyers by lawyers, has issued a "best of" compilation of several helpful articles. These articles are helpful for any attorney using expert witnesses. The first piece is a rare article on the median belling rates of expert witnesses in various fields. The second discusses how poorly selected experts can sometimes hurt more than help. The third is a piece on managing working relationships with retained expert witnesses.

An interview in the Metropolitan Corporate Counsel highlights the state of state court funding, or more appropriately, the lack of funding. The article points out that many state court systems are dealing with clogged dockets, a lack of judicial experience in business law and problems handling large e-discovery matters. Further, it is suggested that state court judges are spending less time scrutinizing the qualifications of expert witnesses, taking the position that such evaluation should be left up to juries. Seems like a good time to bulk up on "qualifications" questions during cross examination.

If discoverable documents are even inadvertently destroyed by your expert witness, there may be consequences. These four suggestions prevent administrative hassle, as well as the legal repercussions for spoliation. One such approach: Limit your experts' writing--and exercise caution when creating any documents.

Professor Joseph Sanders of the University of Houston Law Center wrote an excellent article discussing expert witness ethics. The article details the ethical standards that should attach to expert witnesses and methods those in the legal profession should use to encourage further ethical behavior. Professor Sanders also highlights "impediments" to an expert's ethical obligations and proposed changes to the legal system. It is definitely worth a read.

Yesterday's blog discussed the idea of a "mantra," a 1-3 sentence "elevator pitch" about who you are, and how do you crisply and succinctly describe your expertise.  Something that is practiced, rehearsed, mastered. 

As a law firm partner, you are expected to grow the practice, to bring in more clients, to build business development routines.  To accomplish this, the firm must "know who it is," just like yesterday's mantra exercise was about you knowing who you are.  So here we broaden the mantra, to describe your practice or firm and how it is different from others.

Geoffrey Moore, in his seminal book "Crossing the Chasm," has an "elevator pitch framework" that I especially like.  I have used this framework to craft Round Table Group's vision for connecting lawyers with expert witnesses in all fields.  I also use this framework to teach expert witnesses and business students in my New Entrepreneurs' Program class at the University of Chicago's Graham School and in my Business Frameworks class at the IIT Institute of Design.  The framework looks like this:

For (target customers)

Who are dissatisfied with  (the current market alternative)

Our product/service is a (product category)

That provides (key problem-solving capability)

Unlike (product alternative)

We have assembled (key product features)

Round Table Group's idea statement might be as follows, as an example:

For litigators

Who are dissatisfied with the current alternatives to finding expert witnesses: doing it themselves (too time consuming and inefficient), and outsourcing (few truly professional firms who can be counted on to deliver quality experts)

Round Table Group is an expert witness referral firm...

... That connects litigators with expert witnesses in all fields

Unlike the traditional, old fashioned, and unreliable methods for finding expert witnesses

We have assembled a team of professionals who locate, assess, and deliver the right expert witness at the right time by using rigorous methodologies, relationships with numerous firms, and proprietary databases.

Give it a try, and write a 6-sentence elevator pitch at this deeper level to describe how your practice or firm differs from the others; why you are uniquely qualified, above all others, or serve the cause of justice by making your expertise available to clients.

Russ W. Rosenzweig

Have a few rules and repeat them often. As the CEO of an expert witness referral firm, I found myself single-mindedly focused on the task of connecting as many lawyers as possible with the finest and best experts. Yet success did not come. Why? I did not make my intentions known; it was a quiet and personal endeavor. 

Then I started communicating more. I developed a mantra and repeated it often. When colleagues, clients, and experts asked me what I wanted, what I was thinking, I always had the same three answers: 1) that we will deliver expert resumes faster to our clients, 2) that more customers will engage the expert witnesses we present, 3) that our clients will be delighted with our service. Success followed: our expert witness referral firm was named to Inc. Magazine's "Inc. 500" (now called the Inc. 5000) list of the fastest growing private companies in the U.S. an unprecedented four times.

As a lawyer on a case, what is your mantra? Are there 2-3 key points that you are trying to make, to get across to the jury? It is so easy to be distracted in a trial; the attentions are drawn away from the crux of the matter by, for example, the wiles and caprices of the opposing attorneys. You must stay focused and consistent in the face of the trials and tribulations of a legal drama. Have a few rules, or key points, and repeat them often.

Cato the Elder, a Roman Emperor, took it up as his mission that Carthage must be destroyed.  Indeed, he would end every speech in the Roman Senate with the words, "And may Carthage be destroyed." Sometimes he would even conclude his regular, personal conversations with the phrase. Everyone knew what Cato stood for. Ronald Reagan was consistent in his mantra throughout his political career: government is too big, and Communism must be destroyed. At Round Table Group, our mission is to have every lawyer call us first whenever he needs an expert witness. Lately I've even been concluding my e-mail messages with this phrase: "And may every lawyer call Round Table Group when he needs an expert message." One mantra, repeated often.

Special thanks to expert witness extraordinaire Dr. Ernest Chiado for bringing clarity to this insight.

Russ W. Rosenzweig

There are countless Internet guides. However, The Lawyer's Guide for Fact Finding on the Internet is specifically tailored to those practicing law. The book details:

"Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, and trial preparation, as well as company and medical research, gathering competitive intelligence, finding expert witnesses, and fact checking of all kinds."

The impact an expert witness can have on the outcome of a trial cannot be understated. It is also readily apparent that the strategy behind the use of expert witnesses has become much more complex. Accordingly, Thomson West has a guide available, entitled Expert Witnesses in Civil Trials: Effective Preparation and Presentation, 2007-2008 Edition, to help a practitioner wade through the new rules and procedures. According to Thomson West, the guide "offers a logical and straightforward approach to the use of substantive, technical, strategic, and tactical considerations for successfully using expert witnesses in all types of civil litigation."