On May 22, 2007, at 2:00 p.m. EDT, LexisNexis/Mealey’s will have an Expert Witness teleconference entitled “Finding the Right Expert.” The one hour presentation will include the following topics:
What to know before you begin searching for an expert
– The importance of knowing the subject matter
Defendant Marie Lindor, who was sued by the Recording Industry for allegedly infringing on their exclusive rights by downloading, distributing and/or making available for distribution certain sound recordings using an online media distribution system, has moved to exclude the trial testimony of the RIAA’s security expert witness, Dr. Doug Jacobson. Ms. Lindor argues that the expert witness‘ deposition testimony establishes that his trial testimony could not meet the standards for reliability of expert testimony prescribed by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993) and Federal Rule of Evidence 702.
The interesting letter brief can be read in its entirety here: letter brief
Bus expert witness Charles Scalia, owner of Scalia Safety Engineering of Madison, testified that the 78-year-old driver of a bus that slammed into an overturned semitrailer truck, killing five people 18 months ago, had plenty of time to stop if his recognition of the hazard and reaction time were normal.
According to the Winona Daily News, Scalia testified:
Normal reaction time for a driver seeing a hazard is 1.6 seconds, including time to perceive a problem, consider a course of action and start the reaction, Scalia said. The vehicle response time is typically .3 seconds, he said, making for a total reaction time of 1.9 seconds.
Patience in Educational Marketing
Like all marketing, writing an expert witness article is not an instant gratifier. Although it has happened, do not expect your phone to immediately start ringing once your article appears. Writing an article does trigger the law of reciprocity. If you give the attorney something of value, the attorney will want to give you a call when the need arises. Your investment of your time to create a well-written article may pay off in a lucrative case retention.
Your expert witness article should be geared to the attorney who would possibly hire you. In writing for your target market, remember, attorneys are generally impatient, and want usable information that is easy to digest. Therefore, the scope of the article should be narrow with a clear focus, written in a straightforward and clear manner. The style should be as non-technical as possible. Short paragraphs and sentences are usually preferred. Short subheads should be used to break the copy in longer articles.
Prior to submission, have someone competent proof read your article. No matter how much knowledge you have, the article will be rejected if it is poorly written. Indeed, if writing is not your forte’, consider having a co-writer (or even a ghost writer) help to convey your knowledge about the subject matter.
Prior to submitting your expert witness article, learn what types of articles are generally accepted by editor. Request a copy of the publication be sent to you, and read the articles that were previously published. You might want to call and speak to the editor directly before submitting your article. Ask the editor what he or she looks for when reviewing submitted articles. This will aid in writing your article in a format and style that is most acceptable to the editor.
Know the formatting guidelines for submission. Many bar association’s websites contain detailed format guidelines for articles. For example, the Texas Bar Journal requires all articles be double spaced. In contrast, The Wyoming Lawyer wants single spaced articles using 12-point Times font. Some publications want the articles submitted on paper – others request it electronically. A few minutes of research will prevent your article from being rejected for formatting reasons.
When writing your expert witness article, be aware of themes and publication calendars. For example, the Defense Research Institute traditionally uses “product liability” as its theme for its December issue of the “For the Defense.” Experts with an article in this magazine would have their information circulated to over 30,000 defense attorneys.
Your article could also be published on legal websites. For example, the Law Librarians Research Exchange (www.llrx.com) accepts articles and sends out emails to legal professionals about those articles. Another idea is to identify attorneys in your subject area (by looking up their practice area on the Internet), and sending to them your article along with your contact information, with a note stating simply: “This article may be of interest to you. Please contact me if I can ever be of service to you.”
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?
