The Experienced Expert
The Expert Witnesses' Guide to Working with Litigators
Over the course of nearly three decades providing great expert witnesses to litigators, Round Table Group has developed a deep appreciation for well-run expert witness engagements — litigator, client and expert all working closely together and getting what they need without undue drama. But it doesn’t always go like that. Good project management and using expert witnesses really well aren’t law school priorities. And most first-time experts know almost nothing about the litigation process or what “expert witnessing” entails, let alone how to do a great job at it. Because of that, there are a lot of clumsy expert engagements and disappointed clients!
It’s our passion to make expert witness engagements go more smoothly. For the past two years we’ve been interviewing attorneys and experts on our podcasts about expert witness best practices and what each party wishes they’d known when they first got started. This blog distills the wisdom from those podcast episodes and combines it with our own experience to help expert witnesses get better at our important calling and become “experienced experts” without so much trial and error along the way.
Expert Witness Questions: To Use a Retainer or Not To Use a Retainer
A retainer is an amount the law firm or law firm’s client ('end client') pays upfront and can be structured in a wide variety of ways. Read more >>
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How To: Expert Witness Rate Structure
We generally suggest the expert charge an amount they are comfortable with, considering the erratic nature of the consulting gig. Cases can, and do, settle at any time, and the work is often a lot all at once and then nothing for months.
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Expert Witness Checklist: Am I Conflicted?
As an expert, checking if you are conflicted in a matter is important. Charles Ehrlich explains, “They [attorney] start talking away about their case and I have to say, ‘Wait, stop, stop, do not say a word. Who is involved here? Who is your client? Who is your opponent?’ I might have some involvement with one of those parties.”
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Initial Interview: Preparation & Checklist
Once the call starts, the attorney will have their agenda to go through, sounding out the expert on their expertise, outlining the matter and their idea of how the expert may fit with the case, etc. Experts should have an agenda, too.
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Why Should Expert Witnesses do a (Free) Initial Interview?
If you are so established in your field that everyone knows you, the attorneys may need less ‘face time’ to make up their mind about you, but it still behooves you to learn about the prospective client and their case. Participating in a pre-engagement interview is in your best interest.
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Initial Expert Witness Interview: Should I Stay or Should I Go?
“We want the new case assignment, but short-fused deadlines can degrade the quality of the work product and testifying outside our sweet spot can be a career-killer. It is tempting to say yes when you ought to say no.” – Kevin Quinley, Insurance Expert
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How to Become an Expert Witness – Stories From Our Experts
You have many years of experience in your field and you have heard rumors about the potentially lucrative consulting opportunities in litigation. How do you become an expert witness?
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