Unexpected Journeys: How Experts Found Their Way to the Witness Stand

By Noah Bolmer

The paths to becoming an expert witness are as varied as the experts themselves. In this third part to our series on getting started, guests on our podcast Engaging Experts share their own “first time” stories. 

Get Published 

Writing a book which showcases deep knowledge in a specialized field can serve as a gateway into expert witness work—even when the author isn’t necessarily seeking an engagement. Publication helps establish credibility and makes it easier to find and vet potential experts. Marketing and reputation management expert Chuck Malkus recalls: 

I had written a book about a law firm which included seventy-five attorneys that ended up being a $1.4 billion Ponzi scheme, the country’s fourth largest. After writing that book, I was then approached by many law firms who were impressed with the amount of research, the amount of time that I took regarding interviews, and pursuing the bottom line as to what happened with the first case of its kind in the legal industry. That’s how I got started. 

Mycologist expert Dr. Nik Money followed a similar path, but in a scientific field:  

I became involved in expert witnessing after writing a book, almost 20 years ago, about indoor mold, which was a hot topic at that time. There was a lot of litigation associated with damage to homes caused by mold growth and the putative health impact of mold growth on homeowners. After that book was published, I began to get calls from attorneys representing both plaintiffs and defendants in the area of mold contamination in buildings. The first cases that I became involved with were specifically associated with water damage in homes, and mold growth. Many listeners will have heard of toxic mold and black mold. My role in those cases was to separate facts from fiction and talk about what the science tells us about the fungal contamination of buildings. 

Not all publications are books; writing articles, journals, and even blogs can get you noticed. For risk management and compliance expert Frederick Fisher, writing for national trades opened the door:  

I had already been in an area of insurance now called Specialty Lines, and I was the owner of an independent claim adjusting firm. […] The kind of claims they were handling were claims against lawyers, accountants, architects, and engineers […] over time you start seeing patterns and you think to yourself, “Wow this claim was preventable. All they had to do was this or all they do had to do was that.” Sometimes it was just documenting something which it didn’t do. The phrase came along, “If he didn’t write it down and document it, it didn’t happen.” I developed this expertise, and I started publishing articles on how to prevent claims. In 1981, I even wrote a book for real estate agents and brokers, which to my knowledge may still be the only book written on how to do things, so you don’t get sued. 

I was getting [a high profile] in the sense that I was writing articles that were being published in the national trades. Somebody I knew called me one day, and they had this real estate malpractice case. He said, “You are the perfect guy that could testify to this. Do you—can we—would you—be willing to consider being hired as an expert?” That’s how that started in 1988. […] I started doing some, and I knew enough attorneys that were interested. I had to be careful with it because I had to run a business, so I’d only take two or three cases a year, and that would be about it. One thing led to another, but I always figured someday I would sit down and retire—but you [need] to have a reason to get up in the morning. Who knows, I may end up wanting to do more expert witness work than I’m currently doing. 

 Teaching 

Whether in academia, professional workshops, or informally—teaching can position you as an expert in your field. Attorneys want experts who are not only subject-matter experts, but who efficiently and effectively communicate their expertise. Teachers are, above all, great communicators.  

Clinical and forensic psychologist Dr. Leslie Dobson became equally passionate about teaching as she was herself learning:  

Oh, I originally wanted to work with very dangerous people. I wanted to work with the most mentally ill people in the world. That’s where I take everything to the extreme because I came from a clinical program. I would go inside jails and prisons, and I would work with them and try to understand their minds. And I became very interested in violence, risk assessment and sexually violent risk assessment. I wanted to know: How do we know if they’re dangerous? How do we know if they’re going to recidivate or do this again? What is the science behind this when we’ve always seen psychology as a soft science rather than a harder science like psychiatry and other medicines? 

And so, as I learned more about the statistics and the research that goes into making a true forensic psychologist, I wanted to teach juries that. Lawyers found it very helpful that I could explain it to a jury because I had only recently learned it myself, right? I was pretty young in my career. As I started my family, I moved from the criminal side into the civil side. One, because of my own safety, […] and two, because civil litigation allows me to be so much more creative. 

Energy, oil, and gas expert Steve Reese started by designing training courses:  

This is year 45 for me in the energy space and when I left the corporate world in 1994, there were a couple of ideas that I had. One was to begin consulting. The first thing I thought was I have a niche in some of the contracts that I negotiate, so I’ll write some training courses. Those fed each other. Then I [was] approached as a potential expert witness in about 1995 and […] engagements fed each other with respect to being known as an expert, or being legitimatized with respect to a certain acumen as a subject matter expert. It’s fed me well and now I have a staff that I move into these engagements as they come in the door. 

Use Your Network 

Sometimes, the path toward expert witnessing is through the support of colleagues, supervisors, or even friends. These professional and personal connections can serve as referral systems—especially when you are known for your expertise and reliability on the job. Even without actively seeking expert work, someone in your own circle can lead to your first case. Vocational expert Merrill Cohen’s expert career was catalyzed by her bosses:  

My primary field is vocational rehabilitation, and that was where I started as an expert. I was working as a work rehab counselor […] I was going about my regular work and two things happened. One of my cases—a worker’s comp case—was an electrician who was in a motor vehicle accident and that was his L&I (labor and industries) case. But he had a third-party case, and his third-party attorney asked if I would be an expert in the civil case, since I was already working with him on the worker’s comp. That was my first actual case. The owners of the company I was working for at the time were involved in expert work, so they were able to guide me. Once I got my foot in the door, they opened other doors for me and helped me expand that aspect of my work. 

She continues:  

How does anybody even know that you’re an expert, especially in this field? In Washington state, L&I for example, labor industries, there are hundreds of vocational rehabilitation counselors that work in that arena. Which one of them, if any, are you going to call to be an expert in a legal case? I’m going to say the main thing that my bosses did for me was promote me. They were both in a position where they wanted to work less. They introduced me to their referral base one by one. Once you do one or two cases and they like you, then the attorneys will recommend you to other attorneys. That has to happen first, and along the way it’s great to have somebody you can ask questions, get little pearls of wisdom, and encouragement. However, experience is something that you have to earn. You can’t buy it. You can’t borrow it. 

Happenstance 

A chance encounter or event can simply fall into your lap, without any prompting. When these opportunities do arise, it is simply a matter of recognizing it, and moving forward. For security and legal expert Dr. James Pastor, the timing of a national tragedy catapulted his expert career:  

I transitioned from the police department to practicing law. When I wrote my PhD dissertation in 2001, that segued me to creating a pathway towards teaching, consulting, and writing. I defended my PhD dissertation on September 10th, 2001, and I say the next day the world blew up. I was talking about an esoteric topic called Private Policing on Public Streets. No one cared about that until that event occurred. My life’s direction took a turn away from the more active practice of law towards teaching, consulting, and writing. My first case was sometime in the early 2000s and it’s something that I always wanted to do. It’s a crucial part of the litigation process in this country, as experts tend to turn the case one direction or the other. It gave me the opportunity to utilize some of the litigation experience I’ve had over the years but become more independent of the process. As a litigator, you’re tied to the court docket, the courts, and the managed case management system. I bring an understanding of the legal system as well as how lawyers think into the equation. 

We continue to collect and feature stories highlighting the many routes to becoming experts—whether intentional or fortuitous. Stay tuned as we discover more.  

Interested in your own first expert witness story? Consider signing up with Round Table Group! For over 30 years, we have been helping litigators locate, evaluate, and employ only the most qualified expert witnesses. Contact us at 202-759-3054 for more information or sign up now!