In some legal matters, it pays to have an expert witness. This is a person who is considered a knowledgeable master in their field, and they can help you by conducting research, making arguments, and representing you in litigation and in court.
How do you choose the right expert witness and work with them in a way to maximize your chances of winning?
Selecting an Expert
Everything starts with your expert witness selection. Using the right expert will not only position you to perform better in your legal matter, but also ensure a more streamlined process in the meantime.
There are a few main strategies you can use to find an expert witness:
- Search. You can start with a simple Google search, looking for expert witnesses in your desired field. Chances are, there are expert witnesses available in your area for your particular niche.
- Get a referral. Even better, you can get a referral, especially if you get one from your lawyer. Lawyers typically have connections to multiple expert witnesses and may have standing relationships with them. Ask your lawyer if they have any recommendations for expert witnesses who can help you.
- Network. Failing that, you may also be able to discover expert witnesses through networking. Reach out to various experts in the field, get to know them a bit, and ask if they’d be willing to serve as an expert witness for your case.
When searching for an expert witness, pay especially close attention to the following:
- Area of expertise. Obviously, your expert witness is only going to be valuable if they’re an expert in the relevant field. For example, you may need an expert in network and internet-related matters to help evaluate the legality or legitimacy of a network setup. Depending on your legal needs, you may need someone with focused, niche expertise or someone with broader expertise.
- Experience as a witness. It’s also beneficial to get someone who has some experience being an expert witness. Although this isn’t a strict requirement, experienced expert witnesses can navigate this terrain with more familiarity, confidence, and competence.
- Relationships and familiarity. If your chosen expert witness already knows your lawyer, you’re off to a good start. The process flows much more smoothly when the professionals involved know and have experience working with each other.
- Communication. The preparation process largely depends on communication between the parties. Accordingly, you should select an expert witness with excellent communication skills.
- Approach and compatibility. You may also want to consider this expert witness’s approach and determine whether they’re compatible with your chosen legal strategy. Do you seem to have similar goals, objectives, and philosophies?
Working With an Expert Witness
Once you actually hire an expert witness, these strategies can lead you to a successful working relationship:
- Follow your lawyer’s lead. For the most part, you should follow your lawyer’s lead and accept their recommendations and advice. Your lawyer is invested in your success, and they likely have the experience necessary to harness the full power of your expert witness. Trust their abilities and their direction.
- Set expectations early. Setting expectations early is an important principle for nearly any professional relationship, and it’s especially important for working effectively with your expert witness. If you would like to follow any important formal standards, or if you have requests on how you’re going to work together, talk about them explicitly and early in the process.
- Establish standards for communication. Similarly, you should set standards for communication. How often are you going to meet? What channels are you going to use to communicate? How quickly can you expect a response if you have a question?
- Be totally transparent and honest. Your expert witness will be able to serve you much better if they have access to all the relevant information. That means it’s imperative for you to be totally transparent and honest, just as you are with your lawyer.
- State your objectives. Your expert witness can also serve you better if they know what you’re trying to achieve. Make sure they thoroughly understand your objectives.
- Communicate promptly and clearly. When communicating with your expert witness, focus on promptness and clarity. Don’t allow any ambiguities in your communications, and if your expert witness has questions or requests for you, comply with them as quickly as possible to keep the process moving.
- Remain adaptable. You also need to remain adaptable. The situation may change rapidly, especially as new information comes to light, so you need to be ready and willing to adjust your approach.
If you can work well with your expert witness, you’ll be much better positioned to achieve victory in your legal matter. Although victory is never guaranteed, a good expert witness can make the most of the materials and advantages available to you.
