How Well Do You Know Your Expert Witness?

If you are involved in litigation that requires the services of an expert witness, there’s a good chance that you have already looked into the background of the opposing party’s expert witness. With any luck your investigation may reveal information that may serve to discredit the other side’s expert and benefit your cause. But have you considered looking into the background of your expert witness with a similar purpose? It’s almost guaranteed the other side has. That’s why it is essential that you pursue a comprehensive disclosure of all there is to know about your expert witness. Given the vast number of channels for gathering information regarding individuals’ backgrounds and the seeming centralization of information on the Internet, one would think that with a few clicks of the mouse would reveal any potentially harmful information. This is hardly the case. Below are a few areas you may want to consider investigating thoroughly when seeking an expert witness.

When assessing the work resume of a potential expert witness you must be thorough in verifying the information provided. Validating the accuracy of an individual’s educational background, work history and organizational affiliations is an important initial step. Furthermore, speaking with former employers, colleagues and associates and reveal much useful information. Because the other side will have access to this information, it’s important that you properly assess an expert witness’s past affiliations and determine whether there may be evidence of potential conflict of interest. For example, an expert in car mechanics that testifies on behalf of an auto manufacturer for whom he or she once worked as a consultant could be easily discredited were the association to come to light. This is the sort of “surprise” revelation you want to avoid.

An additional area that must be examined thoroughly is that of your prospective expert’s prior testimony, published opinion, and media exposure. Any instance of contradictory testimony, or radically differing opinion from case-to-case, is the sort of thing that opposing counsel can seize upon to discredit your expert witness. Another thing to consider is whether the expert witness has a controversial history regarding monetary compensation for certain testimony or even a criminal record. Don’t assume that this type of information is absent – be certain of it.

All of this background checking may seem a bit daunting, if not time consuming and expensive task, but there are other options other than consuming the energy and services of your work force or hiring an outside investigative firm. In fact, by using a respectable and meticulous expert witness referral service, you will gain assurance that your prospective expert witness is not only experienced and knowledgeable but that he or she has demonstrated a track record for honesty and integrity. Eventually it’s up to you to choose with whom you work, but pulling from an extensively-reviewed list of experts who have exhibited impeccable standards is a good place to start.