4 signs you’re not working with a professional expert witness and need to change
Expert witnesses are integral to the success or failure of litigation. Being an expert witness involves much more than offering an unbiased and well-informed opinion at trial.
Experts must be able to communicate effectively with legal teams, meet court deadlines, and prepare accurate and well-written expert reports that are admissible in a court of law. It can often be challenging to find an expert who has all of these characteristics and possesses the appropriate specialized knowledge for your case.
While factors such as experience, qualifications, professionalism, and fees are of course essential in selecting an expert, they are not foolproof reasons for making a decision. Here are four sure signs that you’ve selected the wrong expert and need to look for an alternative.
Your expert is not credible
A key part of expert evidence is the credibility of your expert both on paper and in the courtroom. Your expert must have sufficient training, education, and experience to convince the court that his opinion is well founded and deserves to be taken seriously. If your case goes to trial, it is of the utmost importance that your expert is comfortable with a trial environment and can withstand cross-examination with confidence.
If your expert does not have the education, experience, and confidence to present a credible and qualified opinion, look for better alternatives.
Your expert spends too much time as an expert witness
Typically, top experts gain their experience by spending most of their time practicing as professionals in their field. While a large amount of expert testimony is itself a good sign, spending a disproportionate amount of time on the witness stand, rather than in practice, should be a red flag. Ideally, expert witnesses should have specialized knowledge and recent practical experience in their field of expertise.
If your expert is more overused than experienced, it’s time to find another.
Your expert lacks conviction
The main duty of an expert witness is that of impartiality before the court; Witnesses must not be advocates for either party, not even the party paying their fees.
If your expert seems easily swayed by your feedback and is eager to change the substance of your report to be more in line with what you think you want to hear, it may be unwise to continue engaging their services.
Your expert charges an unreasonable fee
As with other consultants, experts set their fees based on the complexity of the case and the time required to review the files, prepare a report, and, if necessary, appear in court. However, legal teams should be wary of fee-charging experts who appear to disagree with the claims of the case at hand.
If you suspect that your expert is charging more than what might be considered reasonable for document review and expert opinion preparation, you may want to switch to another expert.
Conclusion
An impressive resume or extensive field experience alone does not qualify a professional as an expert witness. Rather, there are a wide variety of factors to consider when selecting and hiring an expert.
If your chosen expert shows one or more of the above signs, we recommend that you end your business relationship and approach Experts to find a better fit.