Hiring an Expert Witness
During the course of litigation, it may be necessary to hire one or more expert witnesses. An expert witness expresses an opinion about a specialized field that may be helpful for the finder of fact in a case. It important to select the best expert witness so that the expert has the best chance of providing persuasive information in a matter. If litigants and attorneys keep a few things in mind, hiring an expert witness can be easier and more cost-effective.
Prior Experience
One of the most important things to keep in mind about expert witnesses is that litigants should usually hire experts that have provided testimony in the past. This is because courts are more likely to admit testimony from an expert if prior courts have admitted a given expert to provide testimony. Moreover, experts that have some experience providing testimony in the past might be better at expressing their opinions in court in a given case. Additionally, it might be easier for litigants and counsel to work with experts if they understand the procedures of providing expert testimony from past experiences.
Of course, every expert needs to start someplace, and it is sometimes appropriate for experts to be hired even if this is the first time the expert will provide testimony. In addition, sometimes it is not a good idea to hire experts that testify too often or receive a substantial amount of their money from expert fees. This is because a finder of fact may not view the opinion of an expert as highly if they are a “paid gun” for hire by litigants rather than a practitioner in a given field. Litigants and their lawyers need to balance all of these considerations when deciding if a given expert should be retained in a certain case.
Vocational Background
It is critical when hiring an expert witness to find an expert that has the best vocational background for the specialty that needs to be explained by the expert. This usually requires that the expert have practical, hands-on experience with the expertise the expert needs to opine about. In addition, the expert should also have teaching experience if possible to demonstrate that the expert not only understands the expertise well enough to perform tasks, but to instruct others how to operate within a specialty.
Normally, an expert should have an increasing amount of seniority in the jobs that they have. For this reason, it usually pays to hire experts who have at least a decade of experience in their specialty so that they can demonstrate their proficiency in the field about which the expert is testifying. However, in very specialized fields, it may be necessary to hire an expert who does not have too many different jobs within the field about which they are opining.
Professional Recognition
It is also important when hiring an expert witness that the selected expert have recognition within the field for which the individual is an expert. This will help the Court rely on the opinions expressed by the expert since other people in the specialty respect the expert and her opinions. There are a variety of ways that experts can show recognition in a field. For instance, many experts publish articles in order to convey their opinions on a given subject. Publications often select only the worthiest pieces for publication, so if an expert is able to get published a number of times, it may show professional recognition. In addition, sometimes professionals are invited to provide presentations at professional conferences, and if they participate in such presentations, this could show that they are a known practitioner in a given specialty. The type of industry and expertise of an expert will dictate what accomplishments an expert would need in order to prove that the expert is recognized in a given field.
Expert Fees
As with other parts of a lawsuit, when hiring an expert, it is important to come to an arrangement about fees that satisfies both the expert and the client. The amount of money an expert typically charges is based on the expertise of the expert, how much training the expert has, and other factors. Some experts only charge by the hour and demand large retainers in order to perform services on a case. This can be difficult for litigants who are involved in smaller matters and cannot afford higher expert fees.
However, many experts may accept flat fee arrangements to perform certain specific tasks related to a lawsuit. In addition, experts are usually willing to charge different hourly rates based on different tasks the expert needs to perform during the course of their participation in litigation. It is also worth mentioning that experts and clients also need to confer on the expenses of experts such as travel costs and the like. However, with some communication, both the expert and the client should be able to come to an arrangement with which both the client and expert can be satisfied.
The Rothman Law Firm is experienced with retaining different types of experts in cases involving a variety of subjects. If you are looking for an experienced New York and New Jersey lawyer to handle your expert witness issue or other legal matter, please feel free to contact The Rothman Law Firm to request a free consultation.