Expert Witness Practice - Tips for Experts

Expert witnesses sometimes report having difficulty collecting their fees, or have questions about their ethical obligations when the law firms which hire them fall behind on payments, or claim that the client is responsible for the expert's bill as opposed to the law office. By using a written retainer agreement as a standard business practice, an expert can help avoid this type of difficulty.

Get a written agreement with the attorney, specifying your rate of compensation. Get a retainer for your services, as you may find it difficult to collect fees later - particularly if the attorney who hires you either loses the case or obtains a settlement that is smaller than anticipated. Your agreement with the attorney should specify that you may decline to perform additional services if the attorney has not paid your fees for prior services.

Protect your credibility. During your initial conference with the attorney, state that you will form an independent opinion based upon the facts, and that there is a possibility that your opinion will not support his client's case. If the attorney is looking for a "hired gun" who will make the facts fit the desired conclusion, you are better off declining the case and preserving your credibility.

Try to maintain balance by representing both plaintiffs and defendants. If you always represent the same side, you risk looking like a "hired gun" even if you are very careful about the clients and cases you take.

Maintain a list of the articles you have published, and the cases where you have testified. Keep copies of your publications and prior testimony for your clients to review. An attorney will need that information in order to prepare for litigation where you may be challenged with your own writings and testimony. If you no longer hold some of the positions you have taken in prior litigation or in past writings, let your client know so that he is not surprised when opposing counsel attempts to impeach you for "contradicting yourself."