This question is usually asked with some apprehension from new expert witnesses. The key is clearly preparation and caution. Early work and preparation with your client is critical. Aaron Larson, a lawyer based out of Michigan, wrote a very useful series of tips for the new expert witness.Part of it includes:

If you are inexperienced  as an expert witness, you should know the following for deposition:

Know the legal issues. Speak with your client about the legal issues, and get comfortable with the legal terminology for your case.

Only one person may speak at a time. Everything you say at a deposition is being transcribed. The court reporter cannot make a good record when people interrupt each other or talk at the same time.

Only answer the question that was asked. Ordinarily, after you have answered the specific question that you were asked, you will not want to volunteer any additional information. Even if opposing counsel sits silently and seems to expect you to say more, don't fall into that trap. If opposing counsel wants more information, he will ask a follow-up question. Get used to silence even if it makes you uncomfortable -- it is your job to answer questions, not to fill silence.

Think before you answer questions. Whether on direct examination or cross-examination, think before you speak. It is almost always better for there to be a short pause before you answer a question than for you to give a bad answer.



His whole posting with many more great suggesitons can be found here 

Many of our experts we place with clients are new to the experience, and have never testified or given a deposition before. Given that many a deposition will be in a hostile, or at least oppositional manner, preparation is critical.

One of the most common questions I get is: "What should I expect?"

Well, every deposition will be different, but as a starting place to prepare, here are five good questions you ought to be able to answer, as posted in the Trial Lawyers Resource Center web page.

Who engaged you on this case?
What did the ask you to do?
What did you actually do?
What conclusion and opinions did you reach, and what do you intend to testify to at trial?
Were there any other test - analysis or things you could have done that you would have liked to? What were they?

Clearly, there will be case-specific issues as well, but these are a good indication of what an opposing attorney might ask you.  

Another good suggestion they have is to draft the 10 most critical questions that the opposition may ask.  Ask yourself how to answer these questions, or better yet, have your client or a colleague ask them, perhaps even in a confrontational way.

"What litigation trends should I expect from 2010?" one of my favorite-to-work-with experts asked me a couple of week back. Its was a question I had been hearing a lot lately, and I had been asking it almost as often. Here is what I see as some of the trends in the expert witness industry.

For 2010, I see three major trends in the expert witness industry: Earlier identification and retaining of experts,  increased sensitivity to cost by clients, and an increased amount of litigation in environmental damages, financial misconduct, and in the area of labor and employment. What does this mean for expert witnesses?

First, there will be a greater amount of time between the search/identification/interviewing/retaining of experts by clients on the one hand, and the actual start date of experts, on the other. Experts will need to be able to work within a longer time frame, requiring careful expert-client coordination on invoicing.

Second, and we saw this more and more last year, Clients will be much more cost-sensitive, requesting budgets from experts, relying more on video conferencing and other cost saving measures, and taking a harder line on negotiating rates. Experts who include this cost sensitivity in to their marketing and presentations will have an advantage over their competitors.

Finally, based on industry reports and expert observations, we expect to see an increased demand for expert witnesses in many areas of litigation, perhaps particularly in environmental damages matters, in employment and labor disputes, as well as in continued (and increasingly broad) litigation from the fall-out of the financial collapse of 2008-09.

Table Group Group membership can help you take full advantage of the latest industry trends, with profile reviews, links to conferences, and marketing ideas. Just reach out to our skilled expert services coordinators, who are standing by to assist. 


  

Twice in my years here at Round Table Group an expert has withdrawn from a case. This most recent time was back in 2008. When we finally got the wayward expert witness on the phone, he refused to say why he withdrew, only that it wasn't worth his while. Speculation around the virtual water cooler was that nefarious corporate pressure had forced the expert's withdrawal.But all speculation aside, there are some fairly serious consequences to abandoning a client mid-case as Edward Hoffman writes in his posting.

True Story: There was a second example, but it turns out the expert had actually died mid-case. Fortunately for the left-in-the-lurch client, she was using a professional expert witness referral firm that was able to draw on the vast network of Round Table Group expert witnesses and professional staff to find a replacement in a timely manner.

Many expert witnesses are new to the industry. Its logical, of course, as they have been spending the last few (or few dozen) years actually becoming an expert. So how can experts get their name and reputation into the awareness of those who need them? Round Table Group can help! Here are four ways to market your expertise.

Develop a powerful and compelling web presence, by creating a professional web site that includes your CV, publications, conferences, awards, previous expert witness work, and of course your contact information. Link this to your professional blog, if you have the time to put into one. Web sites are getting easier for the layman to create, or invest in having a professional web developer build one for you. If you go this route, be certain to get a firm price quote before you start.

Use your social networks, both the personal 'hand shake' type of network of colleagues and associates, as well as professional internet social networking services, such as LinkedIn. Let your colleagues know that you are actively seeking expert witness opportunities. Many will already be in the industry, and may have opportunities, or at least some advice to share with you.

Join an expert witness referral service. We can do much of your marketing for you. There are some key things to look for in a good expert witness referral service, such as reputation, service, geographic and area of expertise scope, and of course, client base.

Consider consulting with a reputable marketing firm, particularly if they specialize in working with expert witnesses. Like your area of expertise, marketing is a highly specialized field, with its own experts. 

Go to pertinent conferences where potential clients will gather in large numbers. These are great places to meet people, learn about the current litigation trends, and of course, pick up some great swag. 

Round Table Group has a whole team of expert services coordinators who are ready to assist you in building your expert witness business.
 

 

Many of us work from home offices. Its a smart business model, for some. I have been sending Carol Tice's posting about Homepreneurism to quite a few of our new experts lately. You might enjoy it too. 

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!

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.