Expert witnesses must be knowledgeable in their field. It is important to not underestimate lawyers or their expertise. They must also be honest with their testimony and remain within their expertise. They will be able to survive cross-examination and thrive in 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 might be called upon to be consultants in a case or 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. As they get older, they might decide to quit their regular jobs and become expert witnesses.
An expert witness can help determine the causes and durations of suffering in a case involving an animal. An expert witness may also help parties determine whether they need 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.
A court can choose to exclude unreliable expert witness testimony. Federal Rules of Evidence require that expert witness testimony must be based upon sufficient facts and reliable principles. In addition, an expert witness must 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.
A physician expert witness must be well-versed in the area of medicine at issue. A biased expert witness could be a problem if he or she is not well-versed in the area of medicine at issue. Expert witnesses should be familiar with current standards and practices 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. An example of this is civil engineers and tree experts charging $100-150 per hour. However, high-powered economists and medical experts can charge $400-500 an hour. Experts with a national reputation may charge up to $1,000 an hour. However, they must disclose any conflicts 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.