Expert witnesses must be knowledgeable in their field. However, it is important that they not underestimate attorneys or their expertise. They must also be honest with their testimony and remain within their expertise. In this way, they can survive cross examination and thrive in the courtroom. For this, they must be prepared to follow the proper protocol and procedures.
Experts are usually qualified by their years of experience, published works, licensing, training, and education. Their qualifications can also be demonstrated by their peer recognition. They may be called upon as consultants in a case, or they may be called to testify at trial. However, their testimony is subject to discovery by the opposing party.
Expert witnesses can be a lucrative career for someone who is an expert in one area. Many of these experts start as part-time experts within a specific field such as engineering, bridge construction, or construction. Then, as they grow older, they may choose to retire from their regular careers and become full-time expert witnesses.
An expert witness can help determine the causes and durations of suffering in a case involving an animal. An expert witness can help parties decide whether to pursue litigation. Additionally, an expert witness can identify documents that are relevant to the case. An expert witness can help attorneys prepare questions to ask opposing counsel’s specialists, which is helpful in settlement negotiations.
Unreliable expert witness testimony can be excluded by a court. Federal Rules of Evidence require that expert witness testimony must be based upon sufficient facts and reliable principles. An expert witness must also be independent. He or she must also address the court with his or her report. A court may also co-instruct an expert witness, but this occurs in small liability cases.
Expert witness physicians must be knowledgeable in the subject area. A biased expert witness could be a problem if he or she is not well-versed in the area of medicine at issue. This means that the expert witness should be familiar with the standards and practices that were in use at the time of the incident. Additionally, an expert witness should be certified by the appropriate board in the state in which he or she practices.
Expert witnesses can charge a substantial fee depending on their field of expertise. For example, civil engineers or tree experts may charge $100-150 an hour, while high-powered economists or medical experts can charge $400-500 per hour. Experts with a national reputation may charge up to $1,000 an hour. However, they should disclose any conflict of interest.
About Bill Hartzer
Bill Hartzer is CEO of Hartzer Consulting, a Texas-based search engine optimization and online reputation management consulting company. Mr. Hartzer has been providing digital marketing and domain name, as well as SEO expert witness services for legal cases worldwide, and practicing organic SEO since 1996.