Written by Arthur L. Fries, Newport Beach, CA
Summer 2005 issue Forensic Expert Witness Association Newsletter, www.forensic.org
Qualifications: Experience and Background to Look for in an Expert
1. Prior experience as a consultant or expert witness;
2. “Hands on” experience related to his/her product or service;
3. A successful track record from a financial standpoint related to his/her area of expertise;
4. A history of having “lived through” several cycles over the years;
5. A familiarity with “changes” that have occurred over the years;
6. A knowledge of the product you are involved with, whereby you can explain the meaning in simple lay terms and in the “language” that an attorney understands;
7. Experience in having spoken in front of an audience on the subject;
8. Written articles on the subject;
9. Is a member of national and local expert associations;
10. Is known by others in his/her particular field as well as other attorneys experienced in the specialty of the expert;
11. Has a good relationship with insurance companies (if applicable) from a credibility standpoint and is known by a number of insurance company decision makers;
12. If declared as an expert, providing a “bio” that instills confidence and not one that simply lists every meeting or course attended;
13. Helps you formulate questions to ask at a deposition or trial and helps develop a strategy to succeed;
14. Is accessible from a time standpoint;
15. Has the ability to have compassion for you, the attorney, and respect for your profession;
16. Has the ability to listen well and to understand that you are under a great deal of stress;
17. Able to render an opinion early on–even if such is negative;
18. Knows the standards of proper behavior in his/her industry.
How to Find an Expert
Probably the best way is to “ask around.” Speak to your competitors, associates and other trial attorneys who are active in the expert’s particular field.
What to Ask the Expert
1. Advise the expert what you expect. For example: Do you want a report in writing…do you want a copy of his/her notes…do you want to have only a record of your telephone conversations?
2. Expect to pay a high price for those who are highly qualified and are timely. If there is a required retainer, which is not uncommon, it depends upon the timeframe, complexity of the issues and a number of various factors. Don’t call an expert if you can’t pay his/her fee. If the case needs “working” and you plan to move a minimum amount of paper to just “get rid of it” early on, don’t waste the time of your expert beyond that of providing preliminary information.
3. Don’t call an expert on a Friday when you case is going to deposition the upcoming Monday. An expert should be much more than a name to throw out to the other side. It is well advised to have the expert involved early on in order that you be properly prepared–and the expert must have sufficient time to communicate with you. If the expert is good, he/she will be backed up with other cases.
4. Listen carefully to the questions the expert asks you in the initial telephone conversation. Does he/she sound like he/she knows what the score is or must you “pull teeth” to receive an answer? The initial telephone conversation should be at no cost from a fee standpoint. If the expert is good, he/she is looking at you just as carefully as you are looking at him/her. Reputation is everything–the expert also needs to keep his/her credibility.
5. Let the expert ask you the key questions to determine if you have a case, once you provide the bottom-line feeling for what the case is about–such as the name of the law firm on the other side and the key issues of the case. Let the expert know where you are located and answer any questions that he/she feels are important in the initial telephone interview.
6. Advise the expert if he/she is to be declared or if you want him/her to act only in an advisory capacity?
7. Does the expert have any unusual requirements?
8. Know something about the subject you are involved with or depend upon the expert to educate you. Don’t try to be an expert in an area where you don’t have the experience or qualifications. Threat the expert with the same respect you expect. If you do, you will find one with the proper qualifications and have communication with him/her that you will enjoy.