Litigation Support

Dealing With the Opposing Expert Witness

Posted on April 03, 2008
We recently received an email from a reader of our newsletter, Expert News, about a problem the expert experienced with an opposing expert. With permission, I am reprinting it below and hope that you may have some advice for this expert witness.There may be nothing one can do when an opposing expert egregiously inflates or fabricates their credentials and one's own client attorney fails to use evidence to prove it, but what about when that expert also tells lies about you? I've had this experience in two recent cases, where the other expert stated on the record to both juries that I have a vendetta against her and that I had contacted "literally hundreds of people" and "fabricated stories about her," neither of which is true...

Are You Really an "Expert Witness"?

Posted on April 01, 2008
Allan Griff wrote an article for the BullsEye Newsletter at IMS Expert Services called "Why Do They Call Us Witnesses?" The opening sentence explains - "The words expert and witness are often joined together, as if the purpose of the expert is to be a witness at a trial...

Charging for Your Time

Posted on March 22, 2008
Do you charge for every minute you spend working on a particular project or case? What about when a past client calls and asks you to look up a detail in an old file? It may take you fifteen or twenty minutes to find that file and then another ten to email or call the client back...

Meet the Expert on Expert Witness Marketing

Posted on March 22, 2008
My mother Rosalie, the Expert on Expert Witness Marketing, will be speaking at the NADE Conference on April 23 in Austin, Texas and at the FEWA Workshop in Dallas, Texas on December 5.If you will be attending either of these events, be sure to say hello! I'll let you know about her other speaking engagements as they come up - Rosalie really enjoys meeting readers of our newsletter and blog and putting a face to a name.

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Experts and Social Networking

Posted on March 17, 2008
Clark Johnson at Round Table Group is working to educate expert witnesses on how to use the internet and social networking platforms to communicate with each other.I realize that for many professional service providers, this is the latest and greatest in marketing and getting known...

Misstatements by Expert Witnesses in Deposition

Posted on March 07, 2008
Yesterday, while researching the answer to a client's question about depositions, I came across the following from Depositions: The Comprehensive Guide for Expert Witnesses. Correct Misstatements as Soon as Possible: Expert witnesses are not expected to be perfect...

Can Your Expert Practice Survive the Unexpected?

Posted on March 03, 2008
Are you prepared for the unexpected? Could your practice survive your absence for an extended amount of time? After a recent extended illness, I am giving a lot of thought to these questions and more, and urge you to do so as well. What will happen to your practice if you unexpectedly take ill or suffer an accident or natural disaster? Do you have disability insurance? Do you know a trusted colleague you could pass your active cases to? What about your employees - do you have a plan to pay them if no new business comes in the door for awhile? Do you have a minimum of three months reserve built up for your own living expenses? Who would notify your clients and put your plans into action if you were unable to do so? Do they know what you would want done? I certainly hope that none of these situations occur and any plans you make regarding them never have to be enacted but, as my mother says, the best way to prevent disaster is to plan for it.

More Expert Witness Resources & News

Posted on January 29, 2008
Thank you to everyone for sending me the latest on happenings and resources for expert witnesses. Here's a summary of the latest:The Round Table Group has introduced their blog for expert witnesses with a focus on web strategies to help experts and lawyers communicate...

Podcast from the Entrepreneurial MD

Posted on January 24, 2008
Philippa Kennealy, the Entrepreneurial MD, recently interviewed Rosalie Hamilton, the Expert Witness Marketing Consultant about helping professionals develop expert witness practices. Philippa links to the free podcast of the interview in this blog post...

Engagement Agreements Between Experts & Attorneys

Posted on January 21, 2008
We frequently receive questions about retainers, contracts, billing, collections, etc., from experts. Some experts are hesitant to require an engagement agreement from their attorney-clients for fear of driving them away or appearing too demanding or some such idea...

Marketing Lessons from Obama and Huckabee

Posted on January 16, 2008
I follow the major political races pretty closely (my major at University was politics and government). Regardless of your ideology, there are marketing lessons we can take from the current campaigns for president.One reason the Iowa caucuses and the New Hampshire primary are so key is the simple fact that it's not possible for the candidates to speak one-on-one to every voter in the country...

Tech Rant

Posted on January 02, 2008
I try not to get too personal in my blog posts, but I am frustrated. In preparing for the start of the new year, I have been evaluating our technology and anticipated needs, costs, etc. I am highly annoyed at the need to "update" everything, even when it has been meeting our needs perfectly well since the last update...

Expert Practice Management

Posted on January 01, 2008
One reader of our newsletter for experts recently shared with me these business model suggestions he uses in managing his own expert witness and consulting practice:"These are basic operating rules that, in my opinion, if broken will cause problems:1...

My Wishes for You in 2008

Posted on January 01, 2008
I don't know if it ever occurred to him that everything he said might someday be quoted but Benjamin Franklin had a knack for saying the right words for every occasion, so I will borrow his words in sending you my wishes for this new year: "Be always at war with your vices, at peace with your neighbors, and let each year find you a better man...

Spend Your Profits on Yourself

Posted on December 29, 2007
End of the Year Tip:If all went as planned, you've had a profitable year. But that has its own little downside - now you have to pay taxes on the profit. The upside is - you have two more days to invest some of that profit in your business. See if you can advance register for continuing education classes in your field; pre-pay for business development or marketing services; or purchase books, software, or other products that will benefit your practice...

Website Question Made Our Day

Posted on December 19, 2007
In a recent email to our newsletter subscribers, Rosalie gave her views about the current economy and the subsequent need for professional service providers to spark up their businesses. The very first email received in response was from a long-term client asking whether his website that we had created several years ago needed to be updated...

Marketing Your Professional Services Is Not Optional

Posted on November 18, 2007
Happy Thanksgiving! In appreciation of all our experts I would like to share one of Rosalie's best essays about expert witness marketing. If you are one of the many who, like my mother Rosalie, will be traveling this week (she's headed to her hometown, Wichita Falls, TX), print this out and you'll have something to read while waiting at the airport!Marketing Your Professional Services Is Not Optional --by Rosalie HamiltonSometimes professionals say, ?I don?t market my services; I rely on word-of-mouth to get business...

Expert Witness Groups and Events

Posted on November 14, 2007
Expert witness Dr. Gerry Goldhaber emailed me this week about an upcoming event for expert witnesses. He would like to invite expert readers in the NYC area to attend the Gotham Networking Group's first meeting of expert witnesses on November 26 at 12:30 p...

Expert Witness Questions Holiday Cards

Posted on November 10, 2007
Like it or not, the holiday season is upon us. What business development activities do you use during this season? Do you send cards or gifts to your clients (past and present), referral sources, and prospects? Do you sign each card personally?One expert has some questions about this and sent me the following email this past week:It is coming up on the holiday season and in past years the firm I worked for mailed a card to clients, past and present...

Attorneys Getting the Most Out of Their Experts

Posted on October 31, 2007
The Expert Witness Committee of the ABA's Litigation Section publishes a quarterly "Expert Alert" for attorneys about working with expert witnesses. The latest issue (Fall 2007) features the article "Tips From the Experts: Getting the Most Out of Your Experts...

Growing Your Expert Practice

Posted on October 24, 2007
Some time ago we did a random survey of our newsletter readers about the issues they face in building and expanding their expert practices. Experts mentioned five concerns/challenges above all the rest:1. Identifying and locating the specific attorneys who handle issues issues involving their expertise, reaching them at the right time, and targeting the decision maker...

Expert Witness Deposition on YouTube

Posted on October 24, 2007
Expert witness video has made it to YouTube. Check out this video clip from the deposition of an accident reconstruction often retained by insurance companies. Search a little through the videos - there is a surprising amount of expert witness related material.

Practice Management Tips

Posted on October 08, 2007
Although written for lawyers, I found many realistic tips applicable to any professional service providers - in a solo practice or firm. Written by Jason Krause for the ABA Law Journal, the article is titled "Law Hacks - 101 tips, tricks and tools to make you a more productive, less stressed-out lawyer...

Too Much Litigation Experience?

Posted on October 08, 2007
In a blog post at Science Evidence, attorney Cliff Hutchinson comments on a Georgia trial court's standards and decisions regarding expert testimony in the case Bowers v. Norfolk Southern Corp.Does the number of cases an expert has been retained on determine his classification as a "hired gun"? If so, does this warrant a stricter application of Daubert to the admissibility of that expert's opinion? Can wishy-washy terminology be cause for exclusion of an expert's testimony? (Take note of the italicized terms in his post).

Computer Maintenance as Marketing Tool

Posted on September 12, 2007
One of the very best techniques for generating more business for your expert practice is the quality of your work. Especially in the deadline/calendar-dominated legal world, your responsiveness, promptness and dedication to meeting agreed-upon dates of completion can mean the difference in creating a source of referrals or ruining your reputation...

Top Ten Credibility Killers

Posted on August 26, 2007
As an expert witness, the most effective marketing technique in your arsenal is the quality of your work. In addition to the strategies you can use to improve your consulting, reports, testimony, etc., you would be wise to also steer clear of the following damaging mistakes:1...

It Doesn't Have to Be Complicated

Posted on August 13, 2007
When looking at growing your expert practice, have you ever thought -"I just don't know where to start. I could list in directories, but - which ones? And what do I list under? Should I do something to my website? What should I add, take away, or change? Should I try publishing articles or speaking at conferences? What about trade shows? Does direct mail still work? How about an email newsletter? Would press releases and media exposure help my expert practice? Do cold calls have any value?"When looking at the various marketing options out there, I hear from many of you that the choices are just too overwhelming...

Marketing Doesn't Have to Hurt

Posted on August 01, 2007
I frequently talk to experts who initially believe that experts shouldn't market. But as our conversation continues, it becomes clear that the foundation of that belief is a misunderstanding of what "marketing" is for professional service providers.Marketing your expert services does not mean following some rigid set of defined steps and cookie-cutter actions...

Expert to Expert Advice Request

Posted on July 26, 2007
As I have said before, so many experts express frustration about encountering situations in the legal industry that they have no experience with in their own field and thus no guidelines. You, our readers, have been very generous in sharing your experiences and best practices with other experts, so on behalf of an expert who contacted me last week, I ask for your assistance...

Getting Paid for Your Work - Know the Local Statutes

Posted on July 24, 2007
As you may know, we have had an ongoing discussion about experts getting paid. How do you make sure you are paid? Should you require a retainer? If you aren't paid, should you sue the attorney? Can you refuse to hand over your expert report unless you are paid? Can you/should you require payment for services rendered prior to participating in a deposition or testifying in court?In a recent email on this subject, an expert in California wrote, ?I found out a few years ago that here in California, the attorney requesting the deposition is not required to pay the expert a week before or even an hour before!? This was new to me, so I checked with Jim Robinson, an attorney in California and president of JurisPro Expert Witness Directory...

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