How to Choose The Right Expert For Your Case

The more complex your case, the more likely it is that you will need one or more expert witnesses to explain the intricacies to the judge and jury. Expert testimony helps to address specific questions or facts on which liability issues hinge, and it can be essential in quantifying damages.

Because experts play vital roles in a world of ever-increasing complexity, attorneys and their staff can benefit greatly from understanding how to choose the expert witnesses they will use in their cases.

Are you looking for an expert witness? Click here to connect with a highly credentialed expert in any discipline.

Do You Need an Expert?

The first question many lawyers ask when confronting the minutiae of a case is “Do we need an expert?”, followed closely by “If so, what type of expert do we need?”

Your case may benefit from expert testimony if:

• The facts themselves are not easily comprehended with ordinary or “common sense.”
• The facts require the trier of fact to reach a conclusion that is not easy to understand or to reach without specialized knowledge.
• The case involves facts requiring a knowledge or background the judge does not possess.

No one can be an expert in every subject. Expert witnesses help to fill this gap by explaining sophisticated details in a way that the trier of fact can understand, even without similar expertise.

If the case appears to demand expert testimony, consider next what type of expertise is required. For example, a case involving an antitrust claim may call for an economist to explain the details of marketplace competition, while a medical malpractice claim may require a physician to articulate the standard of care and the ways in which it was breached. Finally, consider whether your expert may be necessary in order to help establish the extent of harm suffered and the likely future costs from that harm.

Choosing the Correct Expert for the Case

Often, determining whether the case demands an expert is less difficult than selecting an expert witness who is qualified and will agree to testify. Typically, expert witnesses come from one of three sources:

• Practitioners whose expertise comes from hands-on work in a particular industry. Physicians, auditors, and engineers often fall into this category. Some of these experts operate their own consulting firms, with expert testimony making up some or all of their workload.
• Academics whose field of study encompasses the questions or facts at issue in the case. Academics with experience in specific methodological approaches, such as statistical analysis or assessment, may also fall into this category.
• “Professional experts” who work with expert consulting firms. These individuals often start their careers as academics, practitioners, or both, then transition into providing expert testimony in their field as a part- or full-time career. They are often well-versed in the applicable courtroom and deposition rules as well as in their specific fields.

Working with a qualified expert witness referral service will typically yield the best results when searching for the proper expert, and save you significant time and resources. That being said, you should always make sure that the experts provided fit the bill for who you are looking for. You should confirm that potential experts, whether they are in academia or private practice, should be in good standing within their field and perform work with a reputable organization. Vetting experts, while also a time and resource intensive process, is mandatory to avoid unpleasant surprises.

Narrowing Down the Field

Once a list of expert witness candidates is compiled, several factors should also be considered before a final decision is made:

• Conflict check. Check to ensure there are no conflicts, either with other interested parties in the case or with the expert’s availability. Perform a conflict check before introducing the expert to any case details.
• Ask about prior experience. Has your candidate testified before? If so, what happened? Federal rules require experts to list the cases in which they have testified in the previous four years. Consider the context of previous cases, any rulings made on the expert’s testimony, and any factors that might damage credibility (such as an expert on breath testing devices who has only ever testified for defendants in drunk driving cases).
• A background check into the expert’s CV and references can help attorneys avoid an embarrassing or case-damaging situation if the expert’s stated credentials do not match reality.
  • Be prepared to address bias claims. An expert witness with a long “track record” of testifying in similar cases may have outstanding skills on the stand, but may also be more open to attacks from opposing counsel on the grounds that they lack objectivity or integrity. A well-known expert may have burned bridges with local judges, or may have a past trial transcript or deposition that will quote them contradicting their stance in your case.
  • Expert Radar enhances expert due diligence by automating and streamlining this tedious process, allowing you to focus on building a strong case and gaining a winning edge in the courtroom.
• Interview the candidates. A face to face interview can help you assess how the expert will appear on the stand. You can also ask specific questions, such as how research will be completed and how fees and costs will be addressed. Learning how to interview an expert witness effectively is crucial for determining not only their subject matter expertise but also their ability to communicate complex information clearly and persuasively in court.
  • Consider how well your expert will work as part of your trial team. When examining a potential expert witness’s “fit” with your case, consider how the expert will fit into both the trial structure and the team preparing the case.
  • “Cast” your expert well. Your expert may be the top mind in his or her field, but if the expert’s demeanor is off-putting or their way of answering questions is incoherent, the expert’s brilliance will be lost on the jury. Consider not only what your expert must communicate, but how well they can do so.

With careful consideration and the help of experienced consultants, finding an expert can be among the most productive and efficient case preparation tasks.