In a recent online interview, "Getting Started as an Expert Witness," expert witness training specialist Steven Babitsky clarifies what it takes to become an expert witness. The interview helps identify the qualifications necessary to be considered an expert by the court. Steven asserts that "you can be qualified if you have the education, training, or experience. And it's in the alternative, so that any one of the three is sufficient."

Read what else he has to say at http://seakinc.blogspot.com/search?updated-min=2007-01-01T00%3A00%3A00-05%3A00&updated-max=2008-01-01T00%3A00%3A00-05%3A00&max-results=27

Clark

In their book How to Become a Dangerous Expert Witness, expert witness training specialists Steven Babitsky and James Mangraviti list how "dangerous expert witnesses" present their opinions.

Here are a few of their bulletproof ideas:

• Carefully and confidently state all opinions using the correct "magic words" for the case at hand.
• Do not overstate or understate opinions.
• Act consistently inside and outside of the litigation.
• Know the applicable law.
• Be prepared to clearly and convincingly explain disagreements with the opinions of opposing experts.
  
• Test alternate opinions and be prepared to explain clearly and convincingly why alternative opinions were not adopted.
• Examine the key evidence as quickly as possible to reduce the likelihood of its condition changing.
• Never testify outside one's true area of expertise.
• Never write notes that are inflammatory, show bias, or could be used to undermine the expert's opinion.
• Do not share draft reports with retaining counsel.
• Maintain accurate bills to minimize the chance of one's own bills being used to undermine the expert opinion.

Expert witness placement specialists Steven Babitsky and James J. Mangraviti argue in their book How to Become a Dangerous Expert Witness that protecting one's credibility and credentials is a key part of becoming a strong expert witness. "To become dangerous," they write, "experts will want to avoid giving opposing counsel any unnecessary ammunition that can be used against them."

1. Always tell the truth and call cases as you see them.
2. An expert witness should pay very close attention to every word in her CV to avoid holes or misrepresentation.
3. Be aware that everything the expert does in and out of the courtroom can and will affect the expert's credibility.
4. Be very careful how and to whom the expert markets herself.
5. Recognize that fees, fee schedules, bills and fee agreements will be scrutinized.
6. Be a "professional expert" by maintaining a confident, competent, and professional image.

Clark

Mistakes will happen. The challenge for expert witnesses is to limit the number of mistakes they make. SEAK founder and expert witness training guru Steven Babitsky says, "Successful expert witnesses go to great lengths to avoid making mistakes."

As an expert witness training leader, SEAK provides more golden advice in its new book, The Biggest Mistakes Expert Witnesses Make and How to Avoid Them. This newest addition to SEAK's training library reads like a reference book and enables witnesses to quickly review any of the 200 topics. For consultants who are preparing themselves for their first expert witness engagement, or for those with experience, this book should provide invaluable advice.


Clark

Every expert witness's CV will be scrutinized with "microscopic precision" by the opposing party as well as their client. Expert witness training expert Steven Babitsky warns that to protect themselves, "expert witnesses must pay close attention to their CV.... Opposing counsel's purpose is to look for anything that can be used to attack the expert's credibility and credentials."

In his book, How to Become a Dangerous Expert Witness, Babitsky articulates how experts can avoid the pitfalls listed below. He emphasizes that experts must not try to be all things to all clients, and to be a dangerous expert witness one must avoid making unnecessary mistakes.

• Personally maintain your CV
• Watch for typos
• Keep the CV objective and avoid subjective, self-promoting characterizations
• Superfluous information and "padding" can be used as ammunition
• Have different CVs for different clients or areas of expertise

As I post articles on what lawyers are looking for in expert witnesses, I want to make sure we are all aware of what the law requires of experts.

Security expert Joseph A. LaSorsa writes an article to clarify the determination of expert status. He states that because "there are thousands of categories of expert witnesses, it is critical to have a full understanding of both the general type of expertise sought and the specific area in which the expert will be asked to opine in."

To determine if an expert is eligible, courts use a test to determine the expert's qualifications. When courts decide to have a Daubert hearing (which is most of the time), they hold the expert to the standards as laid out by Daubert v. Merrell Dow Pharmaceuticals, 113 S. Ct. 2786 (1993).

LaSorsa does a good job of spelling out the criteria for making a Daubert determination and what consultants should know to be considered an expert.

Clark

All consultants are looking to build short-term engagements into long-term (profitable) relationships. These relationships are built from continually satisfying clients and keeping their best interests in mind. More and more, salespeople are realizing how to capture the trust of their clients and turn customers into clients and again into long-term clients.

Interestingly, professional services author Charles Green just wrote that there is one question you can answer to test if you are ready to make that transformation in your own clients: "Have you ever recommended a competitor to one of your better clients?"

He says you have to refer your best clients to the competition.

Of course his advice does not stop there. Please read this article, http://www.raintoday.com/pages/2758_are_you_worthy_of_your_c....

Who agrees with Mr. Green? Is his article crazy?? I am very interested to hear from people in this forum on how to build clients out of customers.

I look forward to your response.

Clark

The Round Table Group has made a business of contacting the world's greatest experts, such as yourself, with information on expert witness and consulting opportunities. Most of our communication has been driven by the use of email. It's a quick, easy, and efficient way to get necessary information out to our members.

Increasingly stringent spam filters limit our access to experts and their ability to receive our messages. More and more regularly, however, we are reading articles documenting the death of email marketing.

Attached is one such article by a marketing expert.

http://networkmarketers.ning.com/profiles/blog/show?id=83246...

Please take a look and let me know what you think about shifting targeted marketing to groups like this and not cluttering your inbox.

I look forward to your comments.

Clark

How many of us are just getting off the ground or have recently hung our shingle in the consulting world?

Some of us are just getting started and others have already taken the plunge. There are a few lessons that can help us transform our current business to the business of our dreams.

I recently came across a blog that listed 10 things to do when starting your consulting business. Please read the blog and let me know what you think.

http://www.raintoday.com/pages/2786_ten_things_i_wish_i_had_...

Have you thought how to build your brand? If you've already done so, how did you do it? What was your success?

I look forward to hearing from you.

Thanks,

Clark

The point of sale for many people is to answer the question, What can you do for me?

For every client, we need to consider what is our value for that client that goes beyond a billboard statement or mass posting. Our value is not something that will be the same for everyone, and by listening to our client, or potential client, we will demonstrate our real interest in providing them quality service.

So we have listened to our client, we understand what they do and what they need. Now it's time for us to demonstrate our value to their business. Our goal is to speak their needs and not hit their understanding of marketing. Steer clear from blanket statements such as "We have highly trained professionals," "We really care about your needs," and "We listen to you."

I found a blog that discusses what we should think about to make our value statements reach our customers. Please read, http://www.raintoday.com/pages/2825_is_there_any_value_in_yo...

The author gives a few tips on how to bring your statements home for your clients.

After you have read the blog, let me know what you think. Have you had similar success? What do you do to help your clients understand your value to their business?

I look forward to reading your posts.

Clark

In many cases, the second sale is more difficult. How do we turn our customers into clients?

Not so shockingly, the advice is what we expect. Listen, treat the client fairly, and give incredible service. The problem can be the disconnect between what we hear and what the client is actually saying. Getting the second sale can be more than taking the client to dinner or for a round of golf. We need to imagine ourselves in the second role and create the path to get us there. Don't just keep those ideas in your head... Get them out there, talk to more people at the company, find out what is going on and what they need.

Is this all we need to do? No, but please check out this article for some more advice: http://www.raintoday.com/pages/2853_incumbent_s_advantage_ma...

Let us know what you do to get the second sale. How are you positioning yourself to fill future roles? How do you avoid being to aggressive when discussing future contracts? We can all benefit from your experience.

I look forward to your message.

Clark

In order to grow your business, you need to get your message out.

When do we have an opportunity to network? All the time.

In the first few minutes of meeting someone we have an opportunity to make our impression. It is not always critical that we strike up a conversation, but when we do, we need to consider our timing.

Please read the following article about building your network: http://www.raintoday.com/pages/2951_how_to_quick_start_netwo....

On business trips or at the grocery store, there are always times to educate people on your business. Let us know what your tricks are to striking up networking conversations.


Clark

How do we build urgency into our sales pitch?

In many cases, our potential clients want to sit on their decision to buy. Our sales pitch was good? Our value statement strong? What happens? Lack of urgency.

We can all use more and better techniques to get our clients to make a decision.

I found an article that has addressed some of those questions. Please check out: http://www.raintoday.com/pages/2519_overcoming_a_client_s_la...

I am very interested in learning techniques to add urgency to sales presentations. How do you convince your clients that "Now" is the right time to buy?

I look forward to your response.

Clark

As small business people, we can all use some help expanding our businesses.

An expert witness marketing firm recently conducted a poll to find out the top concerns for experts looking to grow their business. Some big concerns boil down to getting your name out to clients without looking like a hired gun.

As more courts are turning their noses up at hired guns, this is a valid concern. However, I have researched expert witnesses for lawyers, and one quality more than many makes an expert desirable: experience.

The way to get the word out to people is make yourself easy to find. Use all the tools available on the Internet to post your resume with contact information, and utilize any service that will do your marketing for you. By connecting with a service you are working with a company who needs you to be hired for them to succeed. With the growth of social networks, it is important that we all choose at least one and work it until we have a sizable a network where our message is being broadcast to the proper circles.

In future articles we can discuss how to develop a successful viral marketing strategy. Until then, lets get networking.

I am interested to hear what you have to say about the subject.

Clark