by
Tyler Martinez (Guest Contributor)
December 1, 2019
The Expert Witness plays a vital role in the justice system. Their invaluable expertise can inform judges and juries in specialized areas, and often play a vital role in determining if a case is won or lost. There are several reasons why you may want to be an expert or fact witness. You may have a passion to help others, you may want to break into a new area of your profession, or you may want to just make some extra money. Whatever your reason may be, this type of work can be very rewarding, while offering some interesting challenges. This article will provide some information for those who are interested in pursuing this role.
An Expert Witness, also known as a Testifying Expert, is someone who utilizes their expertise to provide their opinion about a topic that requires clarification and understanding. They assist the attorneys in understanding and presenting the technical aspects of a case. The Expert Witness is most commonly utilized in court, but they can also be of use during litigation and arbitration.
Acting as an Expert Witness provides a new challenge, and many professionals enjoy that aspect. This type of work can include a great deal of excitement. Expert Witnesses play a role that can affect the lives of others, and determine the outcome of cases with large sums of money in the balance. Some cases can even set historic landmarks that will have a trickle effect through future generations. Some consider that to be intimidating, but many who have confidence in their expertise and ability will enjoy the challenge.
Expert Witness work offers you the opportunity to place your years of expertise in the spotlight and expand your practice in your field. It can allow you to add some variety to your work. It is a great option for when you are thinking about retiring and are seeking other sources of income.
The rewarding side of being an Expert Witness is when you get to witness the direct result of your testimony, and see how it has made a positive difference in the lives of others. The expertise of the Expert Witness can help many people.
Many Expert Witnesses choose to testify because they simply want to earn extra money. It is convenient because it can be managed from your current home or office. It requires minimal initial investment, but it can make a big difference in your income. Not only can you be paid for your time to testify, but you can also be paid for the time you spend preparing and researching the topic and documents prior to the trial. This preparation is an excellent opportunity to expand to your expertise, and you are being paid to do so.
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Start Here →Anyone who possesses knowledge beyond that of the average person in a particular field can act as an Expert Witness. You should have knowledge, a level of training, or education in a certain subject matter that others do not have. Your experience or background may also give you knowledge in that area. Your education, professional affiliations, memberships, publications, awards, licensures, certifications, research, positions held, or specializations may be reviewed when the court, attorney, or jury decides on your qualifications. You may already be qualified to act as an Expert Witness.
Special training is typically not required to become an Expert Witness. However, some states do have requirements that you must meet. Be sure to check the requirements in your state, since some may have different requirementsfor your specialty. If an aspiring Expert Witness would like familiarize themselves with the process and practice the different situations that they may face during a trial, there are courses and programs available from a variety of organizations.
Rule 702 of the Federal Rules of Evidence provides guidelines for the selection and use of Expert Witnesses. If you meet these requirements, then you are qualified to testify as an expert according to the Federal Law. These rules state that an Expert Witness may testify if:
In addition to the Federal requirements for Expert Witnesses, some states have their own laws that you must consider. Some require a certification or license, and failure to follow these guidelines can result in charges of practicing without a license. For a state-by-state list of rules and requirements, review this List of Expert Witness Qualifications by State.
Most people would be surprised by the many specialties that have been utilized in expert testimony. If you possess an area of expertise that is less common, don’t assume that it would not be useful in trial. Rare areas of expertise can actually be much more valuable and demand more pay per hour than others. Here are a few common specialties that are used in trial in an Expert Witness capacity:
In 2019, when this article was created, there were 237 accredited law schools in the United States. They are producing thousands of new lawyers each year. There are about 1.3 million attorneys practicing in the United States. An estimated 75% of the world's attorneys are in the U.S and they are filing an estimated 40 million law suits annually. There is one lawyer for every 5 adults in the U.S. All these lawyers are filing many lawsuits and are creating heavy demand for Expert Witnesses. Therefore, no matter what your areas of expertise may be, there is most likely a case that can use your help.
Expert witnesses generally charge between $100 and $800 per hour. Most attorneys and trials will require you to be available all day, and you can bill for all of that time. Your role in a case can sometimes last several days. While your testimony may only be a few minutes, you must still ensure that you are available when you are called to the stand.
The amount you charge per hour depends on your specialty, your level of expertise, how uncommon your specialty may be, and the amount of competition in your specialty. Fees tend to be higher in California and New York. The going rate for smaller towns tend to be lower than larger cities. Determine your worth, but be sure that you don’t price yourself out of the market.
An easy way to determine your rates is to base them loosely on how much you make in a regular day's work. For example, let's say that a Plastic Surgeon makes $400/hour seeing patients. That means they can easily justify charging $400/hour while working as an Expert Witness. You can even increase that amount slightly since your expertise is being placed in the spotlight and your opinion may be challenged.
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Start Here →The Expert Witness can play a role throughout most of the trial process. Their analysis can play a major role in how the case is approached, planned, and litigated. It is much less expensive for an attorney to utilize expertise that you already possess, rather than spend extensive time trying to learn a new field.
While you may already be qualified to act as an Expert Witness, it is a good idea to prepare yourself to ensure that you do a good job and understand exactly what to expect. After all, an Expert Witness who does a poor job can have a very negative impact on a case.
Familiarizing yourself with the trial process, and understanding how to conduct yourself on the stand are vital for experts to testify in court effectively. There are three ways to prepare yourself:
There are many ways to promote your expertise so that you may be found for cases that require an Expert Witness. The main thing to remember is that you don’t want your marketing to make you appear as a hired gun. This can be used against you during trial because they may try to portray you as a professional expert witness who makes most of their income from acting as an Expert Witness, and who is willing to take whatever side is necessary to receive payment. This label will not help your expertise to appear reputable to the jury and judge. To avoid this situation when marketing, be sure to focus on your expertise, avoid taking sides on any case, and avoid making promises about influencing the outcome of cases.
The easiest way to spread the word about your expertise is through online directories. While most of these directories involve a monthly or annual fee, that expense can easily be recovered in just one case, and you can receive multiple cases per year from them. To maximize your results, create listings in as many online Expert Witness Search directory Web sites as possible. More is better because of the way search engines like Google work, and the way people search on them. Each directory is positioned in different places throughout the search results. Each keyword or phrase searched will return different directories in the results. When you have listings in multiple directories, you increase your chances of being found, no matter which directory the attorney searches.
In addition to directories, there are other forms of Expert Witness marketing, such as networking at local attorney meetings, requesting referrals from past clients, writing articles online and in publications about your areas of expertise, paid advertising, speaking engagements related to your specialties, and writing a book about your specialties.
For more information about Expert Witness Marketing continue reading here:
13 Effective Marketing Methods for the Expert Witness or Consultant
Qualified and experienced Expert Witnesses are still in high demand. Understand your role, prepare yourself, have confidence in your expertise, and begin accepting cases. You may find this line of work to be very rewarding, exciting, and lucrative.
Would you like to submit an article to help the Expert Witness, Consultant, Legal Support Service, or Attorney to progress their practices? Send us a pitch! If we like the concept, you can write it up and we will include it in this blog. You will receive credit as a guest contributor with a link and a short bio.
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