Expert witnesses must be knowledgeable in their field. It is important to not underestimate lawyers or their expertise. They should also remain honest in their testimony and stay within their area of 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 might be called upon to be consultants in a case or to testify at trial. Their testimony can be discovered by the opposing party.
A person who is an expert in a specific area can find a lucrative career as an expert witness. Many of these people begin as part-time experts in a particular field, such as engineering, bridge building, or construction. As they get older, they might decide to quit their regular jobs and become expert witnesses.
In a case involving an animal, an expert witness can help identify the causes and duration of the animal’s suffering. 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. He or she can also help attorneys prepare questions to ask opposing counsel’s experts, which is useful in settlement negotiations.
Unreliable expert witness testimony can be excluded by a court. Federal Rules of Evidence stipulate that the expert witness’ opinion must be based on sufficient facts and reliable principles. An expert witness must also be independent. Moreover, he or she must address his or her report in the court. A court can also co-instruct expert witnesses, but only in cases with small liability.
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. 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 can charge as much as $1,000 per 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.