Articles Posted in Expert Witness Marketing

In Are You Ready to Be An Expert Witness? computer expert witness Judd Robbins writes: “The fact is, judges and juries aren’t fond of ‘professional’ expert witnesses, who go from trial to trial as their primary means of support. But they do like working professionals who have an expertise in their fields, who maintain their day jobs, but who also know and understand the legal process.”

Robbins advises professionals who want to get into the expert witness field that they need to become familiar with the three primary ways expert witnesses work with attorneys:

(1 of 3) Investigation — As an expert witness, you study the technical details of materials, accidents or other events. You might run tests, create reconstructions, or research books and journals for writings on the same subject matter as your case. Your primary role in the beginning stage of an investigation is to learn the technical facts of the case and to explain to your retaining attorney the application of those facts.

In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance claims expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:

(9) Is there a trial date yet? If so, when? This also gives you a sense of the expected pace and timeline of the case. This can be highly relevant, especially if you are in a busy phase and juggling many engagements. You may have conflicting trial dates on other cases, or be scheduled for a deposition or attending a conference for which you have pre-registered. An imminent trial date may portend, “Fire Drill!” A futuristic or unset trial date may suggest that you will have ample time to analyze and digest the requisite materials without a crisis atmosphere. Some people thrive on crises; others have a hard time functioning effectively in this atmosphere. The proximity of the trial date may suggest the degree of “juggling” you may or may not have to do with other assignments and obligations.

Kevin M. Quinley is a leading authority on insurance issues, including risk management, claims, bad faith, coverages and litigation management. He is the author of more than 600 articles and 10 books. You can reach him through http://www.insuranceexpertnetwork.com/.

In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance bad faith expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:

(8) Is this a rebuttal report? Has the other side disclosed its experts? If you are being asked to provide a rebuttal report, odds are that there is already an opposing expert who has weighed in on the issue for which your view is being sought. There may be situations that present not an outright conflict, but a potentially awkward situation. If the opposing expert is a good friend, business colleague, mentor, etc., you may be uncomfortable in opposing him or her. You may want to know the identity of the opposing expert before agreeing to take the case. Maybe the person has some business tie to you. Maybe she is a friend or mentor. Perhaps he is an industry guru whom you do not feel comfortable contradicting. Maybe he is a buffoon and you relish the chance to go head-to-head. It’s best to know up front before saying yes or no to the engagement.

Kevin M. Quinley is a leading authority on insurance issues, including risk management, claims, bad faith, coverages and litigation management. He is the author of more than 600 articles and 10 books. You can reach him through http://www.insuranceexpertnetwork.com/.

In Citations and Your Credibility, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company writes:

There are many free citation builders available online; however, they do have limitations. They will often have available upgrades you can pay to obtain. Citation builders assure correct formatting of Harvard, APA and other citation formats. One such citation builder is SourceAid (Source Aid, (Unknown). Retrieved Sept. 18, 2009, from http://sourceaid.com Citation Builder Form). SourceAid has a free version and upgrades at an additional cost and are available on a term basis of two weeks, three months and one year.

Your client’s case is important and your credibility and integrity as an expert witness in your specialty are vital to your client and your career. Always cite your sources correctly and professionally, eliminating any doubt as to your credibility and integrity, and the accuracy of your expert report.

In Citations and Your Credibility, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company writes:

Perhaps the most efficient format for referencing documents and evidence is the Bates Stamp. Bates numbering is commonly used as an organizational method to label and identify legal documents. During the discovery phase of litigation, a large number of documents might necessitate the use of unique identifiers for each page of each document for reference and retrieval. Bates numbering (named for the Bates automatic numbering machine) assigns an arbitrary unique identifier to each page. The “numbering” may be solely numeric or may contain a combination of letters and numbers (alphanumeric), for example, (Bates #XYZ000123).

In Citations and Your Credibility, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company writes:

The primary purpose of a citation is intellectual honesty — to attribute to other authors the ideas they have previously expressed, rather than give the appearance to the reader it is the author’s original ideas. The forms of citations generally subscribe to one of the generally accepted citations systems, such as the Harvard or APA (American Psychological Association). Both of these citation systems have their respective advantages and disadvantages relative to the tradeoffs of being informative but not too disruptive. In my opinion, the APA is generally acceptable for expert reports, but either would be completely acceptable.

In Citations and Your Credibility, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company writes:

It is essential to recognize that each of various types of citations and reference listing styles has a specific format that must be followed. Loosely, a citation is a reference to a published or unpublished source (not necessarily the original source). More precisely, “a citation is an abbreviated alphanumeric expression (e.g., [Example 79]) embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of acknowledging the relevance of the works of others to the topic of discussion at the spot where the citation appears” (Wikipedia, (Unknown). Retrieved Sept. 18, 2009, from http://en.wikipedia.org/wiki/Citation). Generally the combination of both the in-body citation and the bibliographic entry constitutes what is universally considered a citation.

In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance bad faith expert witness Kevin M. Quinley, CPCU, ARM, AIC, writes:

Consultants and expert witnesses are more used to answering questions than asking them. When the phone rings, there may be an attorney or prospective client on the other end of the line. He or she poses questions to the consultant or expert, trying to gauge whether there is a good “fit” between the client’s needs and what the practitioner can offer in the way of experience and expertise.

After answering prospective clients’ questions, effective consultants and expert witnesses may have some queries of their own. In fact, they should. Here are 12 questions that can form the basis of an effective fact-gathering process which unearths aspects of a case to help the consultant and expert witness gauge the degree of fit.

In Citations and Your Credibility, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company writes:

If you are stating a fact or opinion, always check and cite your reference and source correctly. The common definition of fact vs. opinion is: Facts are objective, i.e., they can be proven. A fact is something that can be verified and backed up with evidence. Opinions are subjective, i.e., they express a preference or bias. An opinion is based on a belief or view. It is not based on evidence that can be verified. To check if something is a fact, ask yourself, Can this statement be proved? To check if it is an opinion, ask yourself, “Does this tell a thought or feeling?” “Would the statement be true all of the time?” Look for key clue words such as feel, believe, always, never, none, most, least, best, and worst. Cite your source and references in the proper format, e.g., Harvard, MLA or APA. This will ensure your report is clear, concise and credible. There will be no question as to what is provable fact, your opinion or supporting opinions of others.

In Citations and Your Credibility, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company writes:

Whether you have been an expert witness for years or are just starting out, accurate research, proper formatting of citations and clarity will make your written report accurate, impressive and, most of all, credible. As you gain more experience in utilizing proper techniques you will become more comfortable and confident.

One of the most common and repetitive mistakes I see when analyzing my counterparts’ expert reports is in the proper formatting of references and citations. In some instances, they are entirely void of any citations or references. This is a critical error and can result in cross-examination Armageddon for the expert witness. Improper citations or references will frequently result in an unintentional misleading fact or unsubstantiated conclusion. I can assure you, this will be red flagged by opposing counsel and you will be rigorously questioned in cross-examination. The questioning will be harsh and deliberately targeted in an attempt to reduce and bring into doubt your credibility in the eyes of the judge and/or jury. Once doubt is injected into the jury’s mind, your report, testimony and conclusions become questionable at best and at worst unreliable and unbelievable.