Allison Guidette is the VP and General Manager of Westlaw Litigation, of which Westlaw Round Table Group is a proud part. She recently took some time to answer some questions for me about the future of WRTG, and some broader insights into the legal industry.

"Why this foray into the expert witness referral industry?

Westlaw Round Table Group is a natural and valuable addition to Thomson Reuter's expanding suite of integrated litigation content, tools and services -- collectively called Westlaw Litigator. Westlaw Litigator is designed to meet the evolving needs of litigators by helping them at each stage of a case to optimize productivity and produce the highest quality work product in the least amount of time.

We repeatedly go back to our clients to ask them how else Thomson Reuters can support them. In the past year, we have heard repeated request for better, faster access to the world's best expert witnesses. Clients tell us that finding ideal experts can be time consuming and frustrating. In response, Thomson Reuters began looking for a partner, which brought us to the door of Round Table Group, the premier expert witness referral business in the legal industry. We of course acquired Round Table Group - now called Westlaw Round Table Group (WRTG) - about three months ago.

Our clients have expressed great enthusiasm for this new line of business and the quality and service they can receive from the WRTG team. Most critically, they share that leveraging WRTG saves them valuable time - that they can better deploy in legal thinking and writing - and that WRTG finds them superior experts than they would be able to uncover on their own.

"Can you offer some insight into industry trends?"

We perceive a number of critical trends impacting the legal industry, including:
-    Cautious optimism by large and small firms that we have "bottomed out" in most practice areas and work is beginning to pick up. That said, litigation is recovering more slowly than other practice areas - such as in corporate - but it is starting to grow again.
-    Continued focus by corporate clients on getting value from outside counsel. Even when legal budgets are freer and litigation more voluminous, we anticipate that corporate legal departments will remain focused on getting more from each hour worked by their counsel. Also, GCs are less willing to pay junior associates to learn how to practice law, forcing law firms to rethink their business models somewhat. There is some pressure to explore "alternative fee arrangements" but our sense is that most corporations are not interested in fixed-fee projects for anything but truly routine matters. What they want is value and predictability.
-    We expect MDLs and class actions to grow significantly in the next year. Certainly the Gulf oil spill is one example but we have seen a significant uptick in MDLs in the past few years which we do not see abating. Related, we see smaller firms remaining focused on their niche practice areas but banding together in loose teams to support the needs of large, complex cases and competing with bigger firms.
-    E-discovery continues to drain litigation resources. That said, firms are again beginning to invest in tools to manage e-discovery. They want tools that integrate together, making it easy to toggle from one stage of a case (say, legal research) to another (say, case analysis). This is very consistent with the strategy of Thomson Reuters, where our litigation technologies interrelate in very meaningful ways to ease the work of our litigation clients.

"Anything new our experts can expect to see in the weeks/months ahead rising from our merger?" 

I think that the merger of Thomson Reuters and Round Table Group creates great opportunities for both organizations and our expert partners. Certainly the Westlaw brand and resources will help to fuel growth of Round Table Group, creating more interesting cases for our expert partners. Additionally, West is historically a publishing house, so there may be more avenues to explore with our partners in creating content. Finally, we have plans - with the approval of our expert partners - to leverage Westlaw.com and the new platform, WestlawNext, to expose our experts to literally millions of attorneys worldwide. This should create great opportunities for interesting cases.

Mark Swansiger  got to shake a lot of hands at the International Trademark Association (INTA) conference in Boston last week, with WRTG's display being placed so strategically at the front of the Westlaw Village this year.  It was a good year for Westlaw at the INTA conference as a steady stream of clients arrived for appointments, or just wandered into the (time to boast) clearly-most-cool-vendor-display in the vendor hall.

We call the display 'The Village', and joke that it should have its own zip code and mayor. If there is a mayor of the Village, its veteran Westlaw sales rep extraordinaire, Bob. Seriously, this guy is so good, that at last year's (pre-merger) INTA in Seattle, when I walked into the Westlaw Village to nab some swag, he pitched me on Docket (a Westlaw product) that I ended up subscribing to 3 weeks later...and have been exceptionally happy with ever since.

For me, (there Sunday and Monday) I got to meet up with some long-time colleagues, and spend some time talking with new ones. There was a uniform sense of optimism, both in the conference itself, and amongst the broader intellectual property expert witness industry represented there. My best three at the Boston INTA conference? The Halvah that one vendor was giving away, the story I heard about an entrepreneur who signed a napkin contract eventually worth 10s of millions, and the word from so many of the IP folks who stopped to chat, that litigation in their field is increasing. Look for the next post, on IP litigation trends gleaned from INTA.

  

 

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!   

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.

While I am a big fan of market forces determining an expert's billing rates, there has been an interesting ruling recently that has led me to re-think this philosophy, at least in specific situations. In this matter, one party (plaintiff) hired a neurosurgeon expert at a staggering 5000.00 for the first hour, 2,000 an hour thereafter, which of course is their right. If they want to pay an expert that amount, well, good for them. But when the opposing party (defendant) has to pay for the expert's time in a deposition, they got stuck with that rate as well. Is this fair?

In her Dec. 30 ruling, (Crawford v. American Legion Ambulance Association) a New Jersey federal magistrate judge thinks its not, calling $7,000 for two hours work "near to being extortionate".

Check out the whole story here.

Not all of our experts we place with clients are bound for the Supreme Court. They are not destined to appear on Fox News. They are not thrust into the high profile cases for fame and glory. They, like the vast majority of our country's justice system, are found in the small towns and cities of our nation, away from the glare of TV cameras and reporters. Our experts bring their insight, wisdom, and experience to where ever it is needed most. Justice has no ambition, other than to be comprehensibly available, and universally applied. That's why I love this quote from Eleanor Roosevelt.

"Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world ... Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere."
-- Eleanor Roosevelt

One of my all time favorite quotes about justice, especially since coming here to Round Table Group, where we get to work with passionate, dedicated experts and clients every day. It takes hard work to see justice.


"Human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals."
Martin Luther King, Jr


Safe Holidays to All!

Working from home is a growing trend, according to Caroline Tice, in her blog posting about "small business owners running viable businesses from their homes." or Homepreneurs. Anecdotal evidence has lead me to believe most expert witnesses also work from home-based office. If you are one of the over 13 million homepreneurs in America, you probably already know what I will be be suggesting, but for everyone else, especially new experts, just starting up in the field, here are some things every expert witness needs for working at home. Undoubtedly, this list will grow.

Get up to speed on  web conferencing and internet presentation skills, such as Webex. I tried the trial version of Webex and was pleasantly surprised on how easy it was to install, understand, and use! Its an easy way to show your clients that it does not matter where you work from. Get up to speed on video conferencing, and offer your clients the opportunity to see you, even if they don't have the ability to reciprocate. Most new laptops and monitors have small cameras built into them already, but you might also want to consider investing 30-80 bucks or so into a good web cam, which can mount on your monitor or rest on a desk or shelf. Tip: place it so that the background behind you reflects the type of image you want to present.
 
Make sure you have regularly scheduled professional face time with colleagues, at conferences, association meetings, continuing education, etc. One of the hazards of working from home, as opposed to a large office or university department, is isolation from your colleagues, and from potential clients! Professional conferences are an excellent way to keep up with the newest developments and ideas and people in your field.

My own personal necessity is a good a lock on the refrigerator, buts that's another story.

I's like to hear from other homepreneurs on what they think of this post!

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.

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!

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.

 

Round Table Group sent me, and two of our terrific researchers down to DC last week to participate in our 6th INC Magazine 500/0 event. This invitation-only conference highlighted several key note speakers and presenters. And while every one of these entrepreneurial superstars (seriously, i saw one guy in a $3k suit waving a lighter at the end of Jim Collin's presentation) had a different message, two common themes ran through them all: Tough economic times breed opportunities, and that surrounding yourself with the best and the brightest was just plain smart.

I have seen these trends in the expert witness industry as well. Savvy experts are finding new business models to fit these new economic realities, turning economic crisis into opportunity. And clients are, of course, surrounding themselves with the best and the brighest experts, often times much earlier in the process to ensure success.

I was particularly impressed with the CEO of Zip Car talking about how he turned a 'cause into a company', and the importance of employees who believed that their job, their company, was more than just a paycheck. He stressed how hard it was to find such people, and how important it was to keep trying.

At Round Table Group, I get to work with thousands of such motivated, dedicated experts every year. And maybe that has a lot to do with our success; surrounding ourselves with the very best and brightest expert witnesses in the world. Thank you to all the amazing experts, entrepreneurs all,  that we get to work with. 

After so many our experts asked for it, we finally have official  Round Table Group Membership Badges for you to place on your web pages! The membership badge is an excellent way to show your experience, and your network! This is a really cool feature, and you can check out all the graphics options, and the easy-to-install directions,  just by logging on to your expert profile.

Expert Witness Industry Trends

One of the best parts of my job with Expert Services is that i get to speak with very unusual people, fairly regularly. Every expert, because they are experts, have a unique way of looking at the world around them. But with all their different takes on things, throughout our talks and emails with experts, we see a few common expert witness industry trends, that might interest you.

There is an increased inclusion of retainers as part of an expert's billing rates. And in addition, we see more experts who are including evergreen retainers (a regularly refunded retainer) with the focus on who is responsible to ensure this evergreen is always full.

Experts are being asked more and more to assist their clients with developing a budget.

Lastly, in large part correlated with the recession, many new experts have entered the expert witness industry in the last 12 months, perhaps as much as a 200% increase, with yet to be determined effect.

I will follow up with some cool data and comments for each of these, and in the meantime, I welcome comments on industry trends you  have observed.

Toby Edwards

Expert Witness Billing Rates: What should I charge?

Inquiring (Expert) Minds Want to Know, Part Three  (part of a series)

Every day Round Table Group fields scores of requests from expert witnesses via phone, email, and live web greeter service, who are seeking answers to pressing business development questions. We have three Expert Witness Services staff members whose sole job is to provide answers to expert witnesses' questions. After several years of speaking with thousands of our colleagues, we have come up with the most frequently ask questions from our network of over 100,000 expert witnesses. Here is one of them, a continuation of a series of conversations about expert witness billing rates.

A new expert from Arizona recently asked me two great questions, one of which is addressed here, and the other in a posting soon to follow.

He asked: "I am an expert in pressure gauges, with 23 years of experience in platform operations in the north Atlantic. I just retired from rigs a few months ago. One of your team contacted me about a consulting opportunity. I'm sending in my information to her, but I don't know what to charge per hour. What should I use as my hourly consulting rate?"

Great question! I start by referring you to some previous entries in this Blog, which offers some useful methods to address this. But let us also use some specific data collected from our referral network of over 100,000 expert witnesses. Most experts have two rates; rates for testifying/deposition, and rates for non-testifying expert witness consultation.

Petroleum Engineering, with decades of oil rig experience, is a unique skill/experience set. A sample survey reveals that the hourly, non-testifying rates for a petroleum engineer expert witnesses range from a low of $100.00 an hour, to a high of $450.00 an hour, with an average rate of about $250.00 an hour. The survey found only 3 instances of a rate for testifying being noted, which averaged to 275.00 an hour.

Of course, a lot of other issues, such as your availability, the duration of the case, retainers, and other expectations should be considered when deciding on your current rate.

For a future Blog, regarding some observed trends in how experts are responding to an industry hit hard by the recession.  Stay tuned...

 

 

 

At Round Table Group we believe there is more to getting retained as an expert witness than competitive expert witness billing rates, discipline expertise, stunning resumes, and sterling references. There is also the critically important expert-client agreement (or retention letter) that defines the scope and expectations of the expert-client relationship. This document describes issues such as deadlines, communication preferences, invoicing processes, and the very important topic of confidentiality.

Experts are a critical asset in winning cases, we know that. But as Gregory P. Joseph points out, the issues of confidentiality and discovery pose a challenging hazard to experts that they must be aware of. However, with just a little foresight and preemptive precautions both experts and clients can avoid this potential pitfall.

Joseph's article,  titled "Engaging Experts" nicely explores the issue of protecting confidential information. And while he is writing for an audience of lawyers, his point on confidentiality and protecting the case, and the parties involved with the case (including experts), is very well taken, and could be adopted by experts as well.

I have suggested in CLE presentations that "thorough and clear pre-retention communication, leading to carefully defined and agreed on terms of cooperation and expected outcomes" are critical to a healthy and successful expert-client relationship. Mr. Joseph's article parallels that idea.

With his permission, I have included two paragraphs he suggests as a model for client-expert retention agreements.

The heart of the form retainer letter consists of the following two paragraphs, which are analyzed in depth below:

    [1] It is understood that (i) you will make a reasonable effort to be available upon reasonable advance notice; (ii) you will keep confidential all information obtained, or analysis developed, in connection with this litigation or any related litigation with respect to which we may seek your advice and counsel; (iii) you will use such confidential information solely in connection with your engagement by us on our client's behalf; (iv) you will preserve any written materials, including e-mails, generated or received by you in connection with this engagement, as such materials are potentially discoverable in litigation; (v) you will not in the future consult for, or otherwise represent, any other person or entity with an interest adverse to our client's interests in or concerning the pending litigation, or the events or occurrences out of which the pending litigation arises; and (vi) you will keep confidential your retention by this firm on behalf of our client, unless and until you are identified in court papers as a testifying expert or we otherwise authorize you to breach this confidentiality.

    [2] It is specifically understood that, if you are later designated a testifying expert, all documents that you create may become discoverable, including drafts and notes prepared prior to the time that your opinion or report is finalized. In our experience, opposing counsel who obtain such documents in discovery often seek to use them in an unfair and misleading way -- for example, to suggest that a change from an earlier draft to a later version has some sinister explanation. This is particularly unfair because you will be learning the case over time, and you may not know all relevant information prior to the time that you finalize your opinion and report. In addition, the preparation of draft opinions and reports is expensive and should not be undertaken prematurely. Therefore, you agree that: (i) you will not prepare any draft opinion or report without our consent (regardless of whether the draft is for internal purposes or to share with others); (ii) you will not share any draft opinion or report, or any notes, with any other person without our consent; (iii) every draft opinion or report will bear the following legend: ‛THIS IS A PRELIMINARY DRAFT. IT HAS BEEN PREPARED BASED ON PRELIMINARY INFORMATION AND ON ASSUMPTIONS. NO ONE MAY RELY ON THIS DRAFT. IT IS SUBJECT TO CHANGE AS ADDITIONAL INFORMATION BECOMES AVAILABLE OR IS CLARIFIED"; and (iv) all notebooks or individual pages of notes will bear the following legend: ‛THESE NOTES ARE INCOMPLETE AND HAVE BEEN PREPARED FOR PERSONAL USE ONLY. NO ONE MAY RELY ON THEM FOR ANY PURPOSE. ALL VIEWS ARE SUBJECT TO CHANGE AS ADDITIONAL INFORMATION BECOMES AVAILABLE OR IS CLARIFIED"

At Round Table Group, we work hard to assist our experts in every phase of getting retained, and ensuring a smooth, positive, and profitable experience.

If you have any questions about retention agreements, or any matter, please contact one of our expert services coordinators.

A very common question we get from Expert Witnesses is "How can I get paid faster?" Indeed, right after "What are the expert witness billing rates of my colleagues?" this is the most commonly asked substantive query.

And of course, Round Table Group has some great solutions.

First, keep your clients posted on how many hours you are working. Some clients prefer weekly updates, others like to know more frequently. This can prevent delays due to 'sticker shock' when your invoice is received, causing unnecessary stress and delays while the issue is negotiated.

Second, find out when your client does their invoicing to their client. If you can coordinate your monthly invoicing with their billing cycle, delays of up to 30 days can be eliminated.

At Round Table Group we handle all that for you.

We consult with our clients on invoicing cycles and due dates, and remind our experts when that date is approaching, to ensure your invoice is swiftly processed.

 

Round Table Group is proud to announce the launch of our new Expert Witness Intelligence Report, or Ewire, ! "This is one of several key developments initiated by RTG over the last 12 months to continue to provide our experts with world-class customer service and professional development within the expert witness industry. We are very excited about offering this new service to our registered experts," said Toby Edwards, VP of Expert Services at Round Table Group.

Each issue will be filled with useful data, helpful links, and the latest industry trends and developments. In future issues, key players in the expert witness industry will be featured, including revealing interviews and insightful commentary.

From this new newsletter format, experts can easily log on and update their profiles, and review current consulting opportunities. Check out our Conferences Section to stay abreast of professional gatherings and networking opportunities. And you can link to our Blog, The Expert Round Table, where you may join discussions on industry trends and connect with colleagues. There is also a link for easy access to our Expert Services Coordinators who are standing by to answer your questions and provide any assistance you need.

Round Table Group is committed to providing world-class personal customer service to our world-class experts.

Periodically, RTG CEO Russ Rosenzweig sends in a Blog entry. Following is one of them.

5/10/09: Jack and Suzy Welch gave a delightful presentation yesterday for the Entrepreneurs' Organization Chicago Chapter.  As President of EO Chicago, I had the honor of hosting the event with 100+ entrepreneurs and business leaders. Jack and Suzy each had splendid insights that are relevant for expert witnesses.  I will share with you 1 each.

First, Suzy just completed her book, 10-10-10.  The philosophy is simple: when making a decision, decide what the impact of the decision will be in 10 minutes, in 10 months and in 10 years.  We can apply this to our role as expert witnesses, particularly when deciding whether or not to serve as an expert for a particular case. 

"What impact will this commitment have on my life and work immediately?"

"When the case starts to heat up and require more and more of my time, how will my life look in 10 months if I am on the case or if I am not on the case?" 

And finally, the 10 year question: "How will having accepted (or declined) the expert witness engagement effect my reputation and my resume in 10 years?"

Next, Jack had a profound insight that is highly relevant to expert witnesses.  In one word: frugality.  During this recession, it is no longer acceptable to be a "premium expert at a premium price."   Rather, for the next year or two, you need to be a premium expert at a price lower than the other "experts." $400/hour billing rate experts last year are not being engaged this year at $400/hour.  

We recognize that the litigators are also charging 30-50% less per hour than last year.  Your frugality, compassion and wisdom with respect to billing rates will never be forgotten by the litigation and expert witness communities.

Our booth at the INTA Conference is in a terrific, high-traffic location that is attracting a lot of fascinating IP folks. Although several hundred litigators have stopped and met us, many of our visitors have been experts, who are making the most of this remarkable gathering to network with law firms and other vendors.

I love talking with the experts here. Many are from Europe, Asia and Latin America, and chatting with them has been useful in getting industry intelligence about trends. I have heard three main things from the expert witness industry: first, a large percentage of Experts complained of slow payment, or delayed work; second, most Experts predict an increase in IP litigation in the near future - between 6-10 months, by anecdotal account; and third, many are looking to re-build or create professional connections with low or no-obligation alliances through which they may better position themselves to develop this expected business resurgence.

The shared sense that the slowdown is ending is reassuring. Most of us have noticed, and felt in substantial ways, the ripple effect of the economic downturn. What I found quite interesting was how many experts described how they were positioning themselves for the anticipated surge in economic, and medical device litigation.

Expert witnesses are often confronted with the dilemma of whether or not to invoice for background legal research, or for research done to bring themselves up to date on the issue for which they are serving as an expert. What experts may not know is that many states' attorney ethics codes prohibit attorneys from billing for legal research to bring themselves up to speed on a legal issue. Accordingly, almost no attorneys are willing to pay an expert for his or her time doing research to get up to speed on an issue.

Remember, as an expert witness you are being retained because you are supposed to be an expert in the field. Any work or research done to get to the point of being an "expert" on the issue should be off the clock and not billable.

Worry seems to be rampant, especially (ironically) among the most "advanced" members of our society - the talented, the intellectuals, the ones who are often called upon to serve as expert witnesses. Perhaps it is due to our anxieties about the past, or worries about the future. Maybe it is due to unfulfilled desires, or unhealthy attachments to the things and relationships we have acquired. Whatever the source, it is clear that worry is not useful. According to the Zen tradition, worry is a cancer of the emotions - concern gone compulsive. It eats away at body and mind.

An expert witness, more so than others, has a powerful intellect that can regulate the anxieties of the past and worries for the future. An expert witness has a higher calling and does not have time or energy for such worries. Similarly, an expert witness, already esteemed by his colleagues as having achieved mastery of his field, is able to use his intellect to keep the ever-increasing desires of the mind in check. A true expert wtness does not become attached to things and relationship in an unhealthy way.

The expert witness has high energy levels because he has a high ideal: ensuring that the cause of justice prevails in an important legal matter. The world will ever and always be a constant parade of violence, conflict and injustice. It is enough to take care of yourself and do something good for those you meet.  That is why it is imperative for an expert witness to answer the call of justice.

If an opportunity presents itself, whether by chance, by your own expert marketing, or by an expert witness referral firm, answer the call. If you are qualified and believe in the cause of the party you represent, do your duty and become an expert witness, even if you are "busy." Help because it is in your power to help. After you have acted, after you have completed your service as an expert witness, withdraw and be unconcerned about it, unconcerned about the outcome. Walk on without ever mentioning it to anybody. Then there is no worry, because there has been action.

Russ W. Rosenzweig