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 



 

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