What You Should Know About Expert Witnesses
The higher the stakes are in a legal case, the more likely it is that there will be an expert witness called in.
Usually, an expert witness will have a pool of high-quality and professional expert witnesses that have years of experience - like Rodney Hyman.
So if you have ever wondered what an expert witness does, or if you might enjoy it, here are some things you should know about it.
Photo by Conny Schneider on Unsplash
It can take time
You never know how long you will be required or how extensive the work is until it is happening. The work of an expert witness will change on a case-by-case basis, and that can mean months or years if the case is complicated.
It will require being deposed, expert report writing, reviewing evidence, and you may need to testify.
Before you agree to anything, you’ll need to have some idea of the scope of things, so you can arrange the rest of your work around it.
Transparency
The lines of communication between you and the legal team you are hired by should be crystal clear. Clear communication is one of the only ways that expert witnesses won’t be surprised on the stand when being cross-examined.
True transparency means that the litigators show you the good and the bad because it will all come out one way or another anyway.
Billing
Even after you have an initial scope of work that might change - but it is essential that you have your billing arranged well already. Once you have been approached, you should have a clear cost sheet and an engagement letter. Ensure that you don’t have any hidden fees.
Keep in mind that occasionally you won’t need to work as long as others. This means all of the first parts of your work should have charges that are adjusted (higher than the rest), and that way, if they settle early, or they only need a few hours, you get fairly compensated.
And over time, they get a great price - so it is a win for everyone.
You will be discredited.
The opposing team will do everything they can to make you sound like you are not a reliable expert witness, and this may involve digging into your past. They might find something you posted on social media from years ago or an article written by you.
So it is a good idea to go through everything you have in your history and be prepared for it to come up in court. This can prevent you from being caught off-guard and struggling to recover.
Even without any history, the attack the expert witness will be forced to ensure can be immense. The more you do it, the better you will get; the first few times can be very difficult.
Switch sides
After hearing all of the evidence and going back over what you have said and reviewed - it is entirely possible that you will change your opinion. An expert witness is well within their rights to explain why they have changed their mind.
It should happen often, but it can happen if the facts are clear.
The legal industry is massive, and you never know when you might need a lawyer: When Should You Seek Legal Advice? — zenruption