Articles Posted in Expert Witness Marketing

There is a wide array of publications that might publish your expert witness article. Nationally, some examples include “Trial Magazine,” “The National Law Journal,” “The ABA Journal,” and “Lawyer’s Weekly.” On the state level, there are legal magazines such as “Nevada Lawyer,” “Minnesota Lawyer,” and “New York Law Journal.” In addition, virtually every state bar association has a legal newspaper or magazine. For example, you could reach attorneys in California through the “California Bar Journal” or trial attorneys on the East Coast through the New York Trial Lawyers Association’s “Bill of Particulars.” Most state bar associations also have “sections” (such as litigation, real estate, tax, and employment, to name a few) that have newsletters or legal publication where your article could be published. Also, there are literally hundreds of “specialty” bar associations, such as the “National Association of Environmental Law Societies” and “Criminal Bar Association.” Searching on the Internet for a bar association related to your expertise could lead you directly to your target market.

Another approach is to write your article on how to cross examine the opposing expert in your field. Many such articles are published in legal magazines. In this type of article, you could give advice on the following questions:

• What questions should be asked that will open doors to more information, or close doors on the opposing expert’s opinion on a particular issue?

• How can an attorney ferret out information from an opposing expert? What may an opposing expert be hiding?

Writing an article is one of the best educational marketing tools available to you as an expert witness. In deciding what topic about which to write, answer questions such as these in your article:

• What are the key issues in your field, and how should an expert be able to address them?

• What should an attorney know when they have a case in this area?

If you are an expert witness writing an article, it is imperative that you give the attorney something of substance. As you write your article, continually ask, “Would this information be helpful to an attorney who had a case in this area?” If you are not sure, ask an attorney to provide feedback. A managing editor of a large legal publication stated: “We do not accept sales pieces. We want substance. I advise authors to submit something that will be valuable to readers who want to know more about a particular subject matter.”

Your article should not be self promotion. Do not talk about your qualifications directly, and do not use the word “I” or “me.” Instead, demonstrate your knowledge by authoritatively discussing issues involved with your area of expertise. Don’t tell the attorney you are the expert – show them you are by competently discussing the subject matter.

As an expert witness, one of the best ways to get known to a large number of attorneys is to demonstrate your expertise through a well written article. This type of “educational marketing” is also one of the most cost efficient marketing avenues.

Why Writing Articles is Important

Attorneys are only paid when they are billing a client for legal work. Therefore, most attorneys do not take the time to learn what questions to ask before retaining an expert. Make it easy for attorneys. Inform them what they should be looking for. When you help attorneys understand your area of expertise, you are leading the attorney to contacting you when they receive a case in your field.

Articles have a desired “stickiness” to them – attorneys hang onto them. It is common for attorneys to save articles that are helpful to their practice, and to make copies for other associates. Partners often make copies of the articles, and pass them down to younger associates. Attorneys will often take their file of such articles when they change firms. Make sure the attorney takes your information with him or her by writing a valuable article.
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Expert witness marketing is a conservative investment. It is not an instant gratifier. As marketing expert Jay Levinson states, “Don’t expect marketing to suddenly double your sales. Although this has happened, it is unusual. Recognizing this, you’ll feel good about making a conservative investment in marketing the next year, and the year after that. If you expect more from marketing, chances are you’ll be disappointed. If you expect only that, chances are you’ll be gratified. And successful.” If you want to be successful as an expert witness, will you truly save money by not marketing? You will in the way that stopping your wristwatch saves time.

Your goal in marketing is to consistently educate legal professionals about your qualifications and abilities to position yourself in their mind as the expert witness to contact when a case falls within your expertise. There are an endless number of ways to market your qualifications. The key to expert witness marketing is commitment. Once you have chosen your marketing tactics, stay consistent. Consistency breeds familiarity with attorneys, familiarity breeds confidence in your abilities, and confidence will lead to you being retained in more cases. Do not drop out of the public eye for long periods of time. Remember, attorneys hire expert witnesses based on the cases that come into their office. Just because the attorney does not hire you today does not mean that he or she will not hire you tomorrow.

When one looks at the characteristics of attorneys, it becomes obvious that they do not spend a great deal of time finding the “best” expert witness:

1. Attorneys are middle persons who are controlled by the client. They will advocate the expert witness to the client, who ultimately pays for the services.

2. Attorneys are self-interested, in that they are concerned with how an expert appears to the decision maker (and you should be too).

A number of expert witnesses do not market because they believe that attorneys market their qualifications for them to the legal community by word of mouth. With everything an attorney does all day in dealing with the tremendous expectations from clients and the stress of billable hours, do you really want to rely on attorneys to market for you? Do you want your business development to be out of your control and in the hands of lawyers? Do you think attorneys have your curriculum vitae at their fingertips to discuss your qualifications? Do you think attorneys have the time to convey your qualifications? Being a lawyer is daily, fast-paced drudgery in a precarious profession. Lawyers have enough on their plate without having to concern themselves with marketing your services. A wise expert realizes that attorneys only make money when they are working on items they can bill to a client; marketing your services is not a billable event. If you want to maximize your profits as an expert witness, do not rely on attorneys to make your qualifications known by word of mouth.

Some expert witnesses believe that their professionalism is affected if they make it known that they are available to be retained as an expert witness. For example, many fear embarrassment or a loss of credibility when it is revealed on cross-examination that they market their services.

In reality, the judge and jury just don’t care about your marketing. On cross-examination, attorneys will not risk alienating a jury by delving deeply into your marketing, and judges frown upon such a line of questioning. Good cross-examination is short and hits hard. Attorneys are going to concentrate on two things in their limited amount of time to cross-examine an expert witness: the fact that you are a paid witness, and any inconsistencies in your prior testimony. Even these issues can be quickly defused on direct examination. You, of course, can point out that you are paid for your time, and not for your testimony. Lawyers are simply not going to gain ground with a jury by pointing out that you make your services available to the legal community through marketing.

This first myth is only true if you, as an expert witness, do not want to get retained. Out of sight is out of mind and, for the expert witness, out of work. Being an expert witness necessarily means that you market yourself. When the attorney hires an expert, he or she is doing so on a promise. The attorney cannot see a potentially effective trial presentation. The attorney searches for what he can see now. That attorney wants to know if you are available, and seeks information about your qualifications, experience, and abilities. Thus, expert witness marketing is everything a professional does on a regular basis in the process to educate and demonstrate to the legal community why that expert should be retained. The key words are everything and regular.

Two very good reasons why you should market your services:

1) Legal professionals cannot hire you if they don’t know about you.
2) Your competitors are marketing.
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