How to Choose an Expert Witness
In many cases trials depend largely on expert testimony. The right expert witness can make or break a case. At the very least, they can make it easier or more difficult to win.
If you are a trial attorney, finding the right expert witness is an important part of your job. Here are some things to consider when you begin your search for the right candidate.
Expertise
As is implied in the title, an expert witness must, in fact, be an expert. He or she must have scientific, technical, or specialized knowledge in the matter at hand. When looking into this expertise, be specific. Look for someone who has proven knowledge in as small a focus as possible.
If you are looking for a finance expert witness for a real estate case, look for someone with real estate specific financial experience. General lending experience may suffice, but the closer you focus, the better off you’ll be.
Cost
Cost is always an issue. When you’re looking for the right expert witness, you have to consider your budget and use it to balance experience, expertise, and cost. Logically, the more experienced a witness or the higher degree of expertise, the more he or she will charge for their services.
There are ways to cut costs in your search, but you should consider whether it is worth it to do so.
Recommendations
As with any service, it is best to ask around. Recommendations from colleagues, friends, even peers outside your firm can give you the best account of how an expert witness has performed, and will likely continue to perform.
It is wise to ask your potential witnesses for references as well. He or she should be able to provide you with a list of attorneys they’ve worked with in the past.
Conflicts
The vetting process for potential expert witnesses is vital. It should be done as completely as possible to avoid any potential conflict issues. Look for instances during which your potential witness has been publically adverse to your client, your client’s position, or to any element of your specific case.
Avoiding these via detailed vetting can save you time, money, embarrassment, and maybe even a chance at winning your case.
Experience
You should not only consider the experience and expertise of your potential witness in his or her field. Consider what experience each candidate has as a testifying witness.
Both the witness stand and deposition meeting room can be intimidating places. If you can find a witness that has been in those situations, you can rest assured that the pressure won’t be too much for them. Until you’ve been in there, there is just no way to tell how well you might react when challenged.
A good expert witness can do a lot for any legal case. Don’t cut corners when it comes to finding the right one for you and your client.