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Questions to Ask Before Hiring an Expert Witness

Witness.net — Thu, 29 Apr 2010 00:58:37 +0000

An expert witness is an individual that is an expert in their particular field and they are called to testify at a trial. There is something about that trial that suggests this individual could be helpful in establishing the guilt or the innocence of the defendant. For instance, a dentist may be called upon to talk about bite patterns or to testify regarding the dental records of a victim. A neurologist could be called to testify about abnormalities in the defendant’s brain that caused them to commit the crime. There are so many types of expert witnesses that could be called to the stand.

But when hiring an expert witness, it is important that the lawyer doing the hiring asks certain questions before telling that person that they can testify. Those questions include:

- They should be asked to clarify their profession, which is the field they are an expert in. They should also be asked to show their credentials if the lawyer is not already familiar with them.

- They should also be asked to clarify how long they have been in their profession. Longevity can help quite a bit. Then again, there are some individuals just leaving college who have fresher knowledge on the field that they are in.

- The potential expert witness should be asked if they have any personal involvement with the case. It is important that they don’t have some sort of relationship with the defendant. If they do, they will not be called to be an expert witness. It is important that they are in an unbiased situation so that they may present an unbiased opinion on the case. They are expected to give their expert opinion and that is it.

- They should be asked if they have received any information on the case before the interview. This is because being given any advanced information can cause bias. That is why jurors tend to be asked if they have any information regarding the case before the interview. That information can cause an opinion that could compromise the case.

- They could be asked if they have participated in cases such as this before. Experience always helps when trying to find someone who will be comfortable enough to give their opinion on the witness stand. They should also be aware of how to give the necessary details when asked.

- They should also be asked if they have an issue being under oath. Some individuals do have an issue with being under oath due to specific beliefs that they may have. Most do not have an issue with it, though.

- There may be questions specific to their specialization that may be asked to ensure that the potential expert witness does know what they are talking about. It is important to have questions ready that prevents them from pretending that they are the expert.

It is very important to ensure that the potential expert witness is someone who can make some sort of impact on the case. Whether they are working behind the scenes as a non-testifying witness or they are a testifying witness, they have to know what they are talking about. They can’t just pretend that they know what they are talking about just because they want to be involved in the case in some way. Sure, they may get some publicity for it, but that is not a reason to get involved with a case. It is important to ensure that the potential expert witness wants to testify because they genuinely want to help the case. They want to offer some insight that will determine the guilt or innocence of the individual at trial.

VIDEO: Avoiding Documentation Pitfalls

Witness.net — Thu, 18 Feb 2010 13:45:13 +0000

Found this great discussion from Patricia Iyer covering topics such as:

Why do patients sue for malpractice?
What is the role of the medical record in how legal cases are screened for merit?
How should health care providers address delay in treatment & failure to rescue patients?
Why it is so important to have legible orders?

Pat Iyer answers these questions and more based on her 22 years of experience as an expert witness and expert in nursing malpractice.

She has much much more info and resources on her website as well:

http://www.medleague.com/

Expert Witness Network
http://www.witness.net

Social Marketing Tips for Expert Witnesses

Witness.net — Wed, 17 Feb 2010 17:55:56 +0000

With the obvious growth and groundswell behind Social Networking, I thought it may be helpful to the expert witness community to provide a few tips to help you wade through all the options and for you, as expert witnesses, to take advantage of it all.

Obviously you have taken the first step because you are here.

1) Diversify:

LinkedIn, Twitter, blogging and Facebook are just the tip of the iceberg when it comes to social networking. Just because you are in one, certainly doesn’t mean you have it covered. You are already a participant in the Expert Witness Network LinkeIn group…why not expand into the world of Twitter and give it a try?

2) Participate:

Lurking has its advantages, but there is nothing like pure participation to get the blood flowing. Participating not only establishes you in your field and builds credibility, but it also builds your network. Comment on discussions…comment on blogs…Tweet and ReTweet…you will be amazed at how quickly your network will grow. Who knows…maybe you will find your next gig or even learn something you didn’t already know. Who am I kidding??? You guys are the “experts”.

3)“Birds Of A Feather…”

Stick together. Network, link-up, connect and follow others with similar interests and experience. Your next connection could be the missing link to another connection that could solidify your future retirement. This may be a stretch, but in this ever shrinking virtual world we live in, it’s not unheard of.

On that note…here are the networks you can connect with me on:

Blog: http://www.expertwitnessnetworkblog.com

Twitter: http://www.twitter.com/witnessdotnet

LinkedIn: http://www.linkedin.com/in/rspies

Hopefully this was a helpful start. I would be happy to continue to provide more tips in the future if you find this helpful and worthwhile. Your feedback is always appreciated.

Expert Witness Network
Networking Experts & Attorneys since 1998
http://www.witness.net

Who Said Experts Shouldn’t Advertise?

Witness.net — Thu, 28 May 2009 01:28:00 +0000

Here is an excerpt from an article written by one of our partners…Rosalie Hamilton of www.expertcommunications.com.

In response to one of our recent emails to Expert News readers, we received an email saying, “I thought experts are not supposed to advertise, even through websites.”
I think you might find our dialogue of interest. I have edited the communication for length and confidentiality.My emailed reply was:

XXX, I don’t know where such an idea could have come from. I’ve only heard it from a couple of defense attorneys who of course don’t want experts making themselves available for plaintiff lawyers as well as for defense (defense – including insurance – attorneys have no trouble finding experts; plaintiff attorneys have more difficulty, thus look for experts’ advertising, as well as in other ways). Doctors and lawyers advertise; churches advertise; and so does every other product and service we use — advertising is a fact of life.

What experts need to be aware of is that their advertising, including their website, and their written articles, spoken presentations, and all other expression and utterances are available for scrutiny and potential criticism, so all of it needs to be professional and even conservative. An example of this caution would be to state on your website your areas of expertise and the services you perform for attorneys and the Court but not to state that you can help one side win or make other promises that bring your objectivity into question.

I hope this is helpful to you.Rosalie

To read additional responses and the complete article, please go here.