Retaining a specialist to testify during litigation can make the difference between winning a favorable judgment or losing a case. An inexperienced or ill-prepared expert witness can unwittingly sabotage a case even when guided by a practiced trial lawyer. Below, I'll provide you with a number of useful tips for selecting and using the right expert. I'll also describe a few things that you should avoid doing in order to prevent a disaster.
Getting Your Money's Worth
With few exceptions, the only reason to hire a specialist is to tap into their expertise on a particular subject. If you are as knowledgeable as they are, there's no reason to hire them. That said, an expert witness can add immense value to a case if you take advantage of their knowledge. Too often, attorneys will only use their specialists for testimony. Ideally, you should ask for their help in planning your case. Their unique insight can yield specific questions that can be posed to the opposing lawyer's expert witnesses.
Review Their Past Performance
If you're hiring a particular authority for the first time, ask him or her whether you can contact other lawyers with whom they've worked. Some specialists will be extremely knowledgeable about a given topic, but deteriorate while being cross-examined. Or, they may display mannerisms that cause juries to lack trust in their testimony. The worst thing you can do is hire them without knowing what to expect during trial. Ask for references and follow up on them.
Create The Proper Expectations
As soon as possible, you should communicate your expectations to the authority witness you've hired. That includes how you expect them to behave and perform in court, the dates that you'll need them to be available, and their fees. Most of them will charge by the hour; their rates can start at $50 an hour and climb quickly, depending on the subject matter and the scope of the job for which you're hiring them.
Things To Avoid Doing
Experienced trial lawyers know that generalists cannot perform in court as well as specialists. For example, imagine that you need someone with expertise in auto manufacturing. Because the details of manufacturing are vastly different in various sectors, hiring someone with broad knowledge of the field is a mistake. You need someone with specialization in the auto sector.
Also, make sure that your expert witness has practical experience. Testimony based upon theory can be easily discounted or challenged by the opposing attorney or their specialist. Finally, don't wait to bring an authority on board. A lot of times, attorneys wait until the last minute; the earlier you hire your witness, the more time they'll have to become familiar with the details surrounding your case.
Using an expert witness can have an enormous impact on the jury as well as the outcome of the trial. But, they need to be selected and used strategically in order to ensure a favorable judgment is rendered or an attractive settlement is offered. - 26221
Getting Your Money's Worth
With few exceptions, the only reason to hire a specialist is to tap into their expertise on a particular subject. If you are as knowledgeable as they are, there's no reason to hire them. That said, an expert witness can add immense value to a case if you take advantage of their knowledge. Too often, attorneys will only use their specialists for testimony. Ideally, you should ask for their help in planning your case. Their unique insight can yield specific questions that can be posed to the opposing lawyer's expert witnesses.
Review Their Past Performance
If you're hiring a particular authority for the first time, ask him or her whether you can contact other lawyers with whom they've worked. Some specialists will be extremely knowledgeable about a given topic, but deteriorate while being cross-examined. Or, they may display mannerisms that cause juries to lack trust in their testimony. The worst thing you can do is hire them without knowing what to expect during trial. Ask for references and follow up on them.
Create The Proper Expectations
As soon as possible, you should communicate your expectations to the authority witness you've hired. That includes how you expect them to behave and perform in court, the dates that you'll need them to be available, and their fees. Most of them will charge by the hour; their rates can start at $50 an hour and climb quickly, depending on the subject matter and the scope of the job for which you're hiring them.
Things To Avoid Doing
Experienced trial lawyers know that generalists cannot perform in court as well as specialists. For example, imagine that you need someone with expertise in auto manufacturing. Because the details of manufacturing are vastly different in various sectors, hiring someone with broad knowledge of the field is a mistake. You need someone with specialization in the auto sector.
Also, make sure that your expert witness has practical experience. Testimony based upon theory can be easily discounted or challenged by the opposing attorney or their specialist. Finally, don't wait to bring an authority on board. A lot of times, attorneys wait until the last minute; the earlier you hire your witness, the more time they'll have to become familiar with the details surrounding your case.
Using an expert witness can have an enormous impact on the jury as well as the outcome of the trial. But, they need to be selected and used strategically in order to ensure a favorable judgment is rendered or an attractive settlement is offered. - 26221
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