WRTG has previously posted about the changes to Rule 26 of the Federal Rules of Civil Procedure, which went into effect on December 1, 2010.   As a result of the amendments to Rule 26, full discovery of draft expert reports or broad disclosure of communications between attorneys and expert witnesses is no longer permitted.  Instead, draft expert reports and communications between counsel and expert witnesses are now protected by the work-product doctrine.  While protection afforded by the work-product doctrine is solid, it is not impenetrable.  However, the work-product doctrine does not extend to communications pertaining to (1) compensation for the expert's study or testimony, (2) facts or data that the party's attorney provided to the expert and that the expert considered in forming the opinions to be expressed, and (3) assumptions that the party's attorney provided to the expert and that the expert relied on in forming the opinions to be expressed.  The third exception alone is vague and could open the door to discovery of attorney-expert communications.

            As an expert, you should be aware of the discovery rules which affect your role as an expert witness in pending litigation.  An excellent article about the parameters of expert discovery in light of the amendments to Rule 26 can be found here.
            The expert witness who understands his role and how to effectively navigate through discovery is a true asset to an attorney and everyone involved in the litigation process

Do you find it difficult to find attorneys with new lawsuits that need your expertise?  Do you ever wish you could view a quick state of the industry?  Have you ever found yourself wishing you could quickly locate high revenue companies that are experiencing significant increased litigation in your specialty area?  With Monitor Suite and Opportunity Finder, your ability to find, target and pitch new clients and cases has just become easier.


Monitor Suite's litigation content can provide you with comprehensive profiles of companies, law firms, and attorneys that will allow you to:
•    Learn who's handling what, and where.
o    Find prospective law firms and companies involved in heavy litigation in your areas of expertise, such as securities, product liability, and employment.
o    Determine which firms and attorneys are hired most frequently by a company

•    Know the trends.
o    Analyze litigation trends to make informed decisions whether to target a new market.
o    Turn cold calls into high level strategic business discussions


Monitor Suite Litigation Content provides unparalleled ability to quickly analyze litigation to identify trends and new opportunities for your Expert Witness practice. Utilizing state-of-the-art technology and natural language models, Monitor Suite is able to extract and store the parties involved in cases, the attorneys and law firms representing the parties, the courts and judges involved, and the type of case at issue.  Case type, or practice area, is based on the West Key Search taxonomy to make it easy to understand and translate to your practice area.  With litigation spanning back from 2000-present, you can quickly identify developing trends in differing types of litigation and stay on top of emerging markets and new clients.


One of the unique benefits and features of Monitor Suite is the utilization of the West Company Authority File (WCA) to match and identify party names. The WCA is a proprietary database that contains company profiles for over 2.5 million public and private companies. With the WCA, you no longer need to guess over how a company, like International Business Machines, might be named in a case.  Utilizing the alternate names contained in WCA, litigation involving International Business Machines or IBM will be identified and brought to your attention.  In addition, WCA also tracks and monitors Parent/Subsidiary information, so you can quickly find all of the litigation involving a company and/or any of its subsidiaries.  You don't have to research a company's corporate holdings, Monitor Suite automatically does it for you.  

Monitor Suite also offers unparalleled breadth of coverage of litigation.  All federal dockets from 2000 to present are covered in Monitor Suite.  In addition, with 32 states and over 500 counties, Monitor Suite has the broadest state court docket coverage in the market.


Opportunity Finder:

Opportunity Finder allows you to easily generate and identify targeted prospect lists for companies, law firms, and attorneys tailored to your practice area. An intuitive wizard guides you through the steps to translate broad and far-reaching questions into actionable prospect lists. Opportunity Finder allows you to pitch business to an emerging or new market by identifying and targeting all companies located in certain geographic areas and facing litigation in key practice areas.

Utilizing the market leading Thomson Reuters Fundamentals data, Opportunity Finder offers the broadest company coverage, with financial information for over 51,900 active global companies, representing 99% of the global market capitalization.  With up to date financial information, you can quickly and easily identify and target high quality company prospects that face ongoing litigation needing your expertise.  


Find out more about how Monitor Suite and Opportunity Finder can help you maximize your expert witness business potential. Contact us at 312.873.6881 or 877.347.6360, or find us online.

One of the best marketing techniques for potential expert witnesses is face time.  After all, the attorneys who hire you want to know more than what your CV tells them about you.  They want to know what you look like, how you dress, your demeanor, and any other hundreds of criteria unique to each person's tastes and idiosyncrasies.

So where do you get the best return on investment for face time?  Going to a conference or professional association meeting provides hundreds (or thousands) of opportunities to meet prospective clients. Obviously, attending meetings and conferences takes you away from your ability to bill hourly, and may also entail expenses for travel.  So, of the many possible professional gatherings available to you, which do you choose to maximize your time?

First, start with yourself.  If you haven't yet prepared a "fifteen-second introduction," now is the time.  Every professional should be able to answer the question "What do you do?" in less than 15 seconds, which is the average human's attention span.   

To formulate your answer, ask yourselves the following questions:

(1)    What is your core competency?  For example, not a "banking" expert, but a "consultant to community banks who helps them design compensation plans for their board of directors"

(2)    What distinguishes you from others with the same competency?  For example, I didn't just get my MBA in banking and teach at the local college, but "I was CFO of ABC Bank and served as President of the state association of community bankers."

Now that you have verbalized your core competency, think about other strategic choices.


First, what is the best way to publicize your core competency at the conference you choose?  Some options include:

(1)    Contact the conference about setting up a booth at the event.  When done well, this will at least get you lots of foot traffic with your name prominently displayed. Experience has shown me that having a 'lure' of some type really helps get people to walk up to your display. This could be as simple as a bowl of candy or pens w/ your name on them, or a drawing for some cool gizmo like an iPod, maybe small post-it type pads of paper, again with your logo or company name, or even dinner for two a a nearby eatery.

(2)    SPEAK!  Contact any conference that would benefit from your knowledge and offer your time as a speaker at their next meeting.  This is captive audience face time, so make good use of it.

(3)    Whatever you do at the meeting, request a list of registrants from the event organizer as far in advance of the meeting as possible.  Send each registrant an e-mail inviting them to visit your exhibit or to attend your portion of the program.  Make sure they know you BEFORE they get there.  

Regardless of how you make yourself known at the meeting, there are always the dinners and cocktail parties to navigate.   Here are a few pointers to maximize those opportunities:

(1) Arrive early.  If you are one of the first to arrive, you have two advantages: (1) there are fewer people there when you walk in, so with proper navigation skills, you can introduce yourself to each one of them; and (2) you have the opportunity to present yourself as a "host" by greeting people as they arrive.  At the same time, don't make it your mission to meet everyone.  From the list of registrants, you should have identified several key persons you would to meet.   Focus on strategies to get yourself in front of those attendees.  Everything else is gravy.

(2) Make sure your name tag tells people WHO, WHAT and WHERE.  WHO are you?  WHAT do you do?  WHERE are you from?   Remember your core competency: John Smith, Community Banking Consultant, Anytown, USA

(3) Don't spend your time with people you already know unless they are in a position to introduce you to someone or refer you to an engagement.  You are there to create NEW opportunities for yourself.  

And, finally, no matter what you do at the event, FOLLOW UP!  Collect business cards from everyone you meet and make sure to send them a follow-up e-mail or copies of your marketing materials that you think would be of interest to them.  Send an "I'm sorry I missed you e-mail" to those on the registrant list that you did not have an opportunity to meet.  Ask each of them if you can add them to your newsletter list (you DO have a newsletter, don't you?).  If you are in their city, call in advance and invite them to lunch.  Just find a way to stay in touch.  After you make the investment to attend an event, keep gathering return on your investment by maintaining the relationships that started there.

If you have looked at the plethora of expert witness referral websites on the Internet lately, it would seem that expert witnesses are "a dime a dozen" - just throw a dart at a website and pick one in the expertise you need.  But as an expert, you know the uniqueness and nuances that distinguish one professional in your area of expertise from another.

In order to successfully market yourself as an expert witness, you must do two things: (1) distinguish yourself, in the eyes of your potential audiences, from others in your field, and (2) find unique ways to market your distinct qualifications beyond the typical websites, trade show booths, direct mail and other techniques used by 99% of other experts.  Here are three ideas to boldly go beyond the directory, where few experts have gone before:

(1) Share Your Knowledge.

Why are you hired as an expert in the first place?  Because you know something that the attorneys need to know.  If an attorney is approaching you for an engagement, chances are that attorney is practicing in your area of expertise.  So are many others.  So what not teach those attorneys about what you do?  At the beginning of a case, much valuable time (and the client's money) can be saved if the attorneys already have a good grasp of the issues to be litigated.  Remember that most attorneys are experts in the law, NOT in your area of expertise.  They just happen to represent clients who have interacted with your industry or profession.

If attorneys are going to hire you, they usually want some face time with you.  So give it to them before they have a need to hire you.  If you travel to large cities, schedule a luncheon for attorneys who represent clients in your area of expertise.  Search the Internet or local phone directories to find attorneys who practice in those areas and send them an invitation via e-mail.  While you are educating them about your expertise, they are evaluating you as a potential expert.  Next time they need someone, they've already had face time with you which puts you ahead of the game.  If you have written books or articles, hand them out.  If you don't travel often, a video conference or webinar is a viable alternative.  You can mail or e-mail your materials as a follow-up.

For even more value to the attorneys, contact the state or local bar association and see if you can get CLE credit for your presentation that the attorneys can use to satisfy their requirements.

(2) Positioning

This is one of those marketing buzz words that has been floating around for the last couple of decades.  But it can be very useful for experts.

Positioning basically means: what do you do or know better than anyone?  Isn't that basically what an expert is?   Ask yourself this question and drill down as far as you can go.   For example, if you market yourself as a vascular surgeon, you are one of many.  If you market yourself as a vascular surgeon who specializes in the placement of endovascular stents, or the risk of infection in the placement of endovascular stents, you are "positioning" yourself as one of a few as opposed to one of hundreds.  Librarians, paralegals and other research professionals will typically use the most specific search terms first to see if anyone satisfies the most precise criteria.  Be that one.

(3) Word of Mouth

Most attorneys understand the value of this marketing concept because, prior to the advent of the Internet, that was the primary means of client development - through referrals and word of mouth.  But how often will an attorney engage in conversation (i.e., traditional word of mouth) about a specific expert on a specific topic?  Probably not often enough to keep your expert coffers full.

But what about more "passive" word of mouth concepts?  Have you testified in a case where the judge who wrote the opinion complimented you on your knowledge or your demeanor?   Make copies of that portion of the opinion and print them on nice paper to mail to attorneys.  Or cut and paste it into an e-mail and send it and/or post it on your website.  Before doing so, contact the attorney who engaged you in that case and ask if he or she will add a personal note.  (You might do this as a courtesy anyway to ensure that the attorney does not object.)  Remember that almost all court opinions are public record and if you have been complimented in one, what better way to establish your knowledge and credibility?

While the tried and true means of marketing are probably still necessary evils, separate yourself from the pack with these more innovative ideas.

As an expert witness, you can spend a fortune on marketing materials - brochures, direct mail, display advertising, directory listings, etc.  But most of these techniques have a limited shelf life, assuming they even make it to the shelf.  So what method should you use?

A website for your expert witness practice can be an effective tool IF it portrays a professional image, is reliably hosted and is updated regularly.  If it lacks any one of these qualities, it may do more harm to your practice than any benefit it may provide.

Many businesses and individuals attempt to create their own websites.  If you have the technical background to do so, go ahead.  But if terms like metatags, SEO, crawling and flash sound like foreign concepts to you, please trust it to a professional.  Your image as an expert witness hangs in the balance.  Search the web and find sites that appeal to your tastes.  The website developer is usually listed at the bottom of the page.  Call or e-mail them for a consultation and/or proposal.

But don't look for just any site.  Remember your audience - legal professionals.  Remember the SAM principle - "Same As Me" - and create a site that has the same look and feel as those of the audience you wish to reach, whether it be large corporate law firms or small personal injury firms.  So look for law firm websites, bar association sites and others who do business with the legal profession.

Once you have an idea of what your site should portray, discuss the following issues with your developer: (1) domain name and registration; (2) hosting; and (3) SEO (search engine optimization).  Other than the actual design, these are the three most important concepts to consider.  A competent professional website developer can either perform these functions for you or refer you to another professional with whom they have a partnering relationship.

One reason is it important to use a developer who is familiar with law firm sites is the requirement to comply with the unique ethical and confidentiality challenges of the legal profession.  While you want to include enough information on your site to allow attorneys to find you and understand your background and qualifications, you must temper that with the knowledge that everything on your site is in the public domain and is DISCOVERABLE ("discoverable" in search engine terms is a great thing - you want your site to be "discovered"; but "discoverable" in litigation can spell disaster for your credibility).  Is there anything embarrassing or contradictory?   Do you proclaim yourself as the "greatest ever" in your industry?  Would every page of your site pass muster with the jury if blown up and displayed as an exhibit during your cross-examination?  The best advice: keep it OBJECTIVE.

Finally, once you have invested time and money in your site, it is wasted if no one can find it.  That is where SEO comes into play.  "Search engine optimization" is exactly what it implies - optimizing your website so that search engines such as Google can "find" it, index it and "rank" it in search results.  Keep in mind, however, that it may take six months or longer for your site to appear in search results.  In the meantime, your SEO consultant can keep you apprised through behind-the-scenes analysis of how many times your site is being visited so you can continue to improve it.

In sum, having a web presence can be a valuable marketing tool for an expert witness, as long as: (1) it is professionally done in a manner that is aesthetically and substantively pleasing to lawyers; (2) it does not contain information that can be used against you in court; and (3) it can be successfully optimized to eventually appear near the top of search engine results.

It seems like there is a blog for every possible topic - no matter what your interest, you can probably find at least one blog that covers that topic.

In the realm of expert witnesses, you can find several "general" blogs that cater to experts and a number of others that cater to lawyers about experts.  You will find case law summaries (http://www.expertwitnessblog.com/2007/06/), (http://federalevidence.com/blog/2011/may/when-expert-witness-opines-his-or-her-own-expertise); marketing tips for experts (http://expertcommunications.blogspot.com/); evidence and procedure tips for attorneys and experts (http://heyannette.com/daubert-standards-for-expert-witness-testimony-already-being-challenged/), (http://www.acep.org/content.aspx?id=30090); among others.

With so many blogs already existing that address expert witness issues, how can you create a blog that will distinguish you from your peers?  (For the purposes of this article, we will focus on the substantive aspects of your blog.  If you already have a website or plan to start one, consult your developer or host for information.  Here is an article with some points to consider: http://tech-seeker.com/blog/website-marketing-for-expert-witnesses-templates-save-time-and-money/).

First, in contrast to those examples cited above, make your blog as specific as possible.  What is your area of expertise that is unique to you?  Do a quick Google search to see if other experts in your field are publishing a blog.  Then find a way to distinguish yourself.  Here are a couple of examples of topic-specific blogs:

http://litigationconsultant.blogspot.com/
http://www.engineeringexpert.net/Engineering-Expert-Witness-Blog/

Once you have established your blog, consult with an SEO (Search Engine Optimization) professional.  This will help you determine the key words searched behind the scenes by search engines such as Google that will produce the most and highest-ranked hits on your site, eventually landing you on the first page of search results near the top.  (Just FYI, there is even an SEO expert witness: http://www.highrankings.com/expert-witness.)

Once you start blogging, frequency is key.  Have you ever clicked on a link to a blog only to find that it was last updated in 2008?  Doesn't do much for the credibility of the blogger, does it?  If you do not have the time to update your blog on a regular basis (weekly, monthly, etc.), you are better off not having one.  If you do choose to have a blog, be sure to include a way for subscribers to sign up for new posts.  This keeps you in front of your audience without any further effort on your part.

Finally, as with anything else you put in writing, but especially on an easily accessible, searchable source like the Internet, be very careful about the content and tenor of your posts.  First, remember that confidentiality may be a factor, especially with ongoing cases or those under a "gag" order.  Further, remember that, while you are blogging to create public awareness in your expertise, the adage that "any publicity is good publicity" does NOT apply.  Before posting, think about the end result: is your post likely to come back to haunt you on cross-examination some day?  Remember that anything you post on your blog is in the public domain and opposing counsel can easily access your archived blogs.  If you create an impression of consistent bias for one side or the other, if you rant about attorneys or judges or other experts or an industry, or if you post inaccurate information, you will be less likely to be hired as an expert due to concerns about bias or credibility.  Even if you are engaged, the other side will have plenty of fodder for impeachment. 

In sum:  Blog, blog well, blog frequently, but blog with caution and your blog should become a valuable marketing tool.

One of the key aspects to being a successful expert witness is keeping your claims to 'just the facts'. This is key to surviving cross examination, and also to being seen as credible.

A wonderful example of a smart expert, basing his opinion on facts and not 'over claiming' can be read here, in this article about a molestation case against the Boy Scouts of America, by Amelia Templeton. By keeping his testimony focused, and allowing the jury to decides its relevance, expert witness and psychologist Mr Gary Schoener prevented a potentially damaging cross exam.

For more insight and advice on being the best expert witness you can, check out our expert witness blog posts, including  what to expect from your first deposition, cross examinations, and some innovative ways to prepare yourself for both.

We recently surveyed our electrical engineering experts, asking them a dozen or so questions about their field. The last question we asked was: "What questions should we be asking that we are not?". The response was huge! Here are some of them. if you have others to add, please feel free to post!

Q: Have you served as an arbitrator in your field?
Q: How are you preparing your employees for the emerging smart grid electric power industry?
Q: What certification do you hold and how long have you been doing energy audits?
Q: How can carbon dioxide emissions be curtailed dramatically in the future?
Q: What percentage of wind power can be generated in an electrical grid system before it becomes unstable due to erratic generation and how can power demand be met when wind is not available?
Q: If there is a sensitive electronic circuit that is in close proximity to conductors carrying heavy currents, and terminals operating at high voltage, what design steps should be taken to mitigate the effects of these?
Q: Have you designed any novel display device and if so what is the novelty?
Q: How recently have you been involved in designing or commercializing products?
Q: What do your peers consider you in your field?
Q: Have you ever worked in finding the cause of failure of optical communications network? If so, how would you distinguish between human-caused failure from pure technical failure?
Q: What do you think is the Next Big Thing?
Q: What kind hardware and software design languages you are familiar with?
Q: Have you reviewed and mapped patents to existing international standards?
Q: Have you been awarded any US patents in EE related fields?
Q: Regardless of degrees, licensing, or certifications, how many systems have you personally connected up, tested, commissioned, and brought on line?
Q: Besides patent infringement cases, to what other types of case do you contribute?
Q: What is the number of product for which was lead designer on products being manufactured and in use?
Q: What personal resources do you have for measuring, testing and evaluating designs?
Q: What courses have you taught at the University level?
Q: Describe an instance where you were able to explain complex concepts to a jury.

Expert witnesses travel. A lot. Whether visiting a client, appearing in a court room, or traveling for an on-site analysis, Experts buy plane tickets, stay in hotels, eat meals, pay for taxis, pay for internet, parking, and so much more. Many experts negotiate to submit these as expenses to their clients, when they are case-related. However, for experts who absorb all or some of these costs, there are allowable deductions you can claim on your taxes.

You can deduct ordinary and necessary expenses you have when you travel away from home on business. The type of expense you can deduct depends on the facts and your circumstances, according to IRS publication 463, but industry trade conferences can generally be deducted, providing you can demonstrate that your attendance benefits your trade or business.

Of course, I am not a professional tax expert, so please consult your tax pro.

Many Westlaw Round Table Group expert witnesses have home offices, as discussed in previous postings, reflecting a growing trend in telecommuting. Homepreneurism saves money and time commuting, may promote greater efficiency, and might permit certain tax deductions based on your home office. Maryam K. Ansari provides some excellent insight into the home office deductions, and risks. The American Bar Association Family Legal Guide offers some good advice on home office deductions as well. With tax day rapidly approaching, you should check this out!