Issues to Consider Before Accepting an Expert Witness Assignment

Issues to Consider Before Accepting an Expert Witness Assignment

Attorneys can choose experts, but experts can also exercise selectivity about who becomes a client. Many factors go into making that decision. You have to anticipate how weak or strong you will be when an opposing attorney uses techniques that diminish your credentials and tears you down. He may attack the credibility of what you say, or have said, or have written and published. Knowing in advance what techniques an opposing attorney may employ to attack your credibility should help you decide whether to take a case.

If you accept an assignment as a defendant's expert witness, the other side may tie you in personally or emotionally to the crime. You may be disparaged as sympathetic to causes or groups simply by association. And if you are an expert who never takes defense cases, you can expect that the attorney will attack your bias toward plaintiffs. These verbal attacks attempt to undermine your credibility with the jury.

Before you take a case, consider that your client may be right or wrong, innocent or guilty. Attorneys do not always know if they have an innocent or guilty client until they figure out about the case during the discovery phase; neither will you. You have to undertake your analyses objectively and apply your experience to whatever you discover. Can you undertake professionally regardless of the findings?

sometimes, you will be helping a guilty party. You may not feel wonderful about that, so just focus on feeling wonderful about the work you do. You should select your cases based on your accomplishments, the integrity and stability of the client or law firm, or simply the interest you have in the subject matter. If you do choose cases based on ethical reasons, or other personal issues, you should not advertise any bias you use; if you do, you risk being characterized as not objective' in front of a jury.

Generally, lawyers contact you because your CV underscores your expertise in the subject matter of their case. CV stands for Curriculum Vitae and is also known as a rsum. Attorneys prefer to call it a CV, so I will do so throughout the book. In the initial conversation you can determine whether your qualifications fit the specifics of the case. Assess the breadth of your knowledge of the subject, your ability to face possible challenges in court, and the time it will take to do the job.

It will frustrate you and damage your reputation if you could have done the job well but simply didn't have the time to do it right. Do not take on a case unless you are confident that you will have the time and energy to pursue the case fully. This includes:

* Completing required tasks

* Preparing a thorough report

* Attending meetings

* Participating in phone calls

* Travel time

* Testifying in deposition and trials

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