Checklist: Finding and Communicating with an Expert Witness

Qualifications: Experience and background to look for in an expert

1) Prior experience as a consultant or expert witness;

2) "Hands on" experience related to his or her product or service;

3) A successful track record from a financial standpoint related to his or her area of expertise;

4) A history of having "lived through'' several cycles over the years;

5) A familiarity with ''changes'' that have occurred over the years;

6) A knowledge of the product you are involved with whereby you can explain the meaning in simple lay terms and in the "language" that an attorney understands;

7) Experience in having spoken in front of an audience on the subject;

8) Written articles on the subject;

9) Is a member of national and local expert associations;

10) Is known by others in his or her particular field as well as other attorneys experienced in the specialty of the expert;

11) Has a good relationship with insurance companies (if applicable) from a credibility standpoint and is known by a number of insurance company decision-makers;

12) If declared as an expert, providing a "Bio" that instills confidence and not one that only lists every meeting or course attended;

13) Helps you formulate questions to ask at a deposition or trial and helps develop a strategy to succeed;

14) Be assessable from a time standpoint;

15) Has the ability to have compassion for you, the attorney, and respect for your profession;

16) Has the ability to listen well and to understand that you are under a great deal of stress;

17) Able to render an opinion early on - even if such is negative;

18) Knows the standards of proper behavior in his or her industry.