At the end of every year, I always have a whole list of things I need to do before the end of the year. Things such as year-end reviews of my staff, making sure I have submitted all my 2009 expenses (which usually means scraping up the receipts), budget planning 2010-11, reviewing our company insurance plans, and so forth.

And for expert witnesses, it's the time of the year to do the three things all expert witnesses should do: touch base with everyone they've invoiced, update their public CV/Web page/profiles, and finally, speak with a financially savvy professional to see how being an expert witness may have tax implications. (This is the part where I say that I am completely unqualified to offer any legal or financial advice, yada yada ...).

The first of the three things all expert witnesses should do before the end of the year is speak with every firm (or better yet, person) they sent an invoice to this year. While verifying that they have all of the latest contact information for any tax documentation, experts also get to check in with clients, wish them a happy new year, and strengthen their relationships a bit as well.

The second thing every expert witness should do is to update their public presence, such as their professional Web page, CV, and expert witness referral firm profile. If you are a Round Table Group expert, you can update your profile right here! If you don't yet have your own Web page, there are quite a few easy-to-use packages out there for less than 30 bucks.

The third thing every expert should do is to understand how their expert witness income and perhaps their expenses pertain to their taxes. As someone who works from home, for example, I am able to claim certain expenses by virtue of the square footage of my office. Especially for those new to the expert witness industry, it's worth the hour appointment to review 2009, and perhaps plan better for 2010.

Thanks everyone for all your cool comments and suggestions. As this list keeps growing, I fear it will need to be re-posted as the five things every expert witness should do before the end of the year, or maybe it will require a whole new blog. Send in your replies!

The Judicial Conference of the United States recently proposed an amendment to the Federal Rules of Civil Procedure that would have an impact on expert witness communications. Specifically, the rule would expand the range of communications covered under the work product privilege between attorneys and expert witnesses. The rule change recommendation, as well as another governing summary judgment, must first be adopted by the Supreme Court before going into effect. Check out the full WSJ story.

Mike Stern began with Round Table Group in January 2001 as Vice President of Litigation. As Round Table Group has grown, Mike's role has expanded, and he is now Senior Vice President of Expert Services. In this role, he continues to provide our attorney clients with access to the expert witnesses they require. He does this by defining their expert witness search requirements and working closely with them from the beginning of their expert search process and all the way through their retention of a Round Table Group expert witness.

Over his many years with Round Table Group, Mike has had a hand in training every vice-president in this company and his experience with literally thousands of clients and experts gives him a unique and insightful perspective into the expert witness industry. I sat down with him and asked him a few questions.

What do you see as the most significant change in the expert witness industry?

"Attorneys are aware of the value of expert referral firms and are making greater use of them.  Our business has grown impressively. Clients are also more exacting in their requirements but at the same more cost conscious.  As law firms arbitrate more, they need expert to prepare, but seem to reach resolution more frequently."

 Are there common mistakes expert witnesses make, that perhaps can be avoided?

"Experts must review and tailor their CVs to meet stated requirements.  The CV is the only tool for securing an interview and if it doesn't show you are a fit, you will not have a chance to fill in the blanks and explain in an interview. It is important that you listen to the attorney in the interview and, when speaking, be direct and to the point. You should not express opinions on the merits in CVs nor accept engagements for which you do not have the time. Be conservative in your billing rates and be prepared to negotiate them further. It is very important not to conceal negatives about yourself; attorneys will uncover them during due diligence."

What is the best advice you would give to a newly retained, first time expert witness?

"Again, listen to the client and let the client know that he is the most important client you have. Discuss scheduling with the client frequently so you can make yourself available for the client as the litigation timetable changes. Always tell the truth to the client, in deposition, reports and trial and keep all information confidential."

Do you see any industry trends in the near future that may be pertinent to experts?

"Clients are more demanding than ever and require the best experts and are happy to be assisted by expert referral services.  For some engagements, the location of the expert is less important than his or her qualifications due to the speed of electronic communications. Clients now are more frequently requiring a budget from an expert, often before hire. Too high a cost may kill an engagement."

Expert Witnesses tend to be smart people. But even smart people do dumb things. (perhaps this blog entry is one such example?) After years of post-case interviews with expert witnesses, I have heard the very best practices, and the very worst things experts do.You may not agree with me on this, and please, feel free to shoot back a comment or two.

One way experts kill their chances to get hired is from forgetting that clients are their bosses, not the other way around.

Look, I know nobody wants to hear that, but this is often a fine line, especially when your clients are asking for advice on their case. But however well (or poorly) that excellent advice is received, it is really the client's decision as to what to do with that advice. The best way I have heard this explained is that the client is the first amongst equals. Bottom line is that it is their case, and experts are there to assist them, and ultimately clients are the ones who sign the checks. At Round Table Group we listen to a lot of conference calls between clients and prospective experts. The calls that go best, and are most likely to result in a retention, are ones where the expert starts the conversation with "How can I be most helpful to you in winning this case?"

A second way experts kill their chances of getting retained is charging what they consider themselves to be worth, rather than what the market considers them worth.

The key here is that expert witness billing rates are determined by both level of unique experience AND market forces. A good example from recent history can be found in the financial services expert witness area. Whereas before say, 2008, bank managers or specialized fund advisers were often difficult to locate and retain, in the last 18 months a huge influx of such experts have entered the expert witness industry, driving rates down. There are several good ways to avoid the trap of out-of-sync billing rates. Start by checking out the article "Expert Witness Billing Rates: What Should I Charge?" for a great conversation about determining billing rates. You might also check out another useful read on "Managing Costs to Clients"

Finally, a third way experts kill their chances of getting retained is by not providing full rates disclosure from the onset.

No client likes to hear about previously unknown billing rates, after the initial interview. Experts should be clear, from the very beginning, about all of their rates, including retainers, travel, and any special testimony or deposition rates they may have. Here is a link to a terrific article on retainers.Nobody likes surprise costs, and clients are no exception.  


Round Table Group can help you get started, and thrive in the expert witness business. Just drop us a line, or call one of our expert services coordinators at 202 595 1338, and see how we can help you, too! Toby Edwards 



 

Expert Witnesses usually have good advice. And any expert witness who has ever worked with a law firm client, always has some advice on how the working relationship could have been better, or so I have observed over years of conversations with expert witnesses.

Recently, while reading about an ABA seminar called "10 Ways that Attorneys Kill Their Own Experts" it occurred to me that it might be great for experts if we, as an industry, could share the wisdom of the industry with each other.

Ever suddenly have a deadline moved up? Or maybe your client didn't get you all the evidence in a timely matter? Or had your report ignored? Or stiffed you on an invoice? How did you deal with it, and more importantly, how have you learned to avoid these pitfalls?

Maybe you have a list of the 'Three most important things to tell a new lawyer" before they start working with an expert witness?

Lets hear your advice on the best practices for successfully working with lawyers. We will post the replies here, where expert witnesses new to the field, and seasoned veterans alike, can benefit from them.

I look forward to your input, and sharing that wisdom widely.