How to Be An Expert Witness

By Frederick M. Hueston

I remember my very first time as an expert witness. I was in the construction/engineering business and received a call from an attorney who wanted to know if I would serve as an expert in a case where someone was hurt when a slab of stone fell on them. I accepted the case and then was called for a deposition. I remember that deposition as if it were yesterday. I was grilled with questions for eight solid hours. I felt drained and totally exhausted at the end of the day. I often tell people that if I had the choice of getting beat up by a gang or doing that depo, I would have picked getting beat up. Boy has my opinion changed. Deposition and court can be a real pleasure and joy. You just have to know how the system works and the tricks and techniques that attorneys use and your in the game. The upside is you can make some really great money as an expert. I am talking about hundreds of dollars an hour for doing nothing more than talking and sharing what you know.

For the past 15 years I have made a good part of my living as an expert witness and consultant in the construction/engineering trades. Today I offer web seminars to teach others in all trades, skill etc how to become an expert. Sometimes even your hobby can be turned into extra money serving as an expert witness.

What is an Expert Witness?

The following is definition I found at http://faculty.ncwc.edu/TOConnor/425/425lect01.htm

The scope of expert testimony is infinite and includes any relevant subject, so long as there are "experts" willing to venture an opinion distinctly related to a generally accepted science, profession, business, or occupation beyond the experience of the layman. Courts have broad discretion in whom they will accept as an expert witness. Anybody can become an "expert" if they can establish, to the satisfaction of a judge, that they possess some particular experience, training, education, or combination thereof that will aid the court in arriving at the truth on some particular matter. However, depending upon the subject matter or expertise, there are specific rules and procedures for establishing the foundation, competency, and weight of the expert testimony. For the most part, juries are mostly allowed to accept or ignore the expert's testimony, but not always.

In my experience I have seen many individuals who claim to be experts and often no little to nothing about the subject and they are many times accepted by the court as an expert. This is not to say that you should venture into an area you are not an expert. If you do, you won't be working for very long.

Expert Witness vs. Consultant- Avoiding the Hired Gun Syndrome

The expert witness must be careful in marking the term "expert witness". Many attorneys will use this as a means to portray you as a hired gun. In other words someone who will say anything as long as you are getting paid. In my experience you are better off calling yourself a consultant rather than an expert witness. Remember you want to come across as an authority in your field or trade. The best way to avoid this stigma is to not use the words "Expert Witness" in any of your advertisements. It's ok to use the word "expert" but avoid the word "witness".

What does it take to be an Expert Witness

Not everyone will have what it takes to be a successful expert witness. However I have seen many so called experts who do quite well do to the fact that they are in an area where there are no other experts. However a really good expert will have the following qualities:

1. Knowledge- this goes without say. You must know what you are talking about. The general rule is if you know more about a subject then the general population then you can be considered an expert in your field. 2. Confidence- you must have confidence in your knowledge for the given subject. You will be asked to formulate an opinion as an expert and you must be confident in maintaining your opinion. 3. Time- Being an expert will require some research time. Your opinion needs to based on facts and this will require time to look up. 4. Patience- Some cases can go years before going to trial. 5. Speaking- you need to be able to speak clearly and convincingly. You also need to be able to explain your subject in a clear, simple manner. Remember you are the expert. The judge, lawyers and jury have no clue about your field of expertise 6. Calm- You need to remain cool and calm under oath. augmentative

What Trades or Professions can Experts Witnesses come from?

Expert witness can come from almost any trade or profession. Professions include Doctors, lawyers, Veterinarians, chiropractors, college professors, Teachers, almost any profession. Trades include all the construction trades such as electricians, builders, carpenters. Computer technicians, dental techs etc. I can not think of one profession where experts are not needed.

Are you Qualified to be an expert witness?

Anyone who has special knowledge due to education, skill or experience can qualify as an expert witness. Any judge can consider you an expert based on your education, knowledge, special training or experience in a certain area. You don't necessarily have to have a degree in that field to qualify. For example in my field of expertise I have gone up against forensic engineers that have had years of experience, but my knowledge was so specialized that I easily qualified as an expert.

How do you prove you're an expert?

There are numerous ways to prove you are an expert in your field. If you have ever written any articles or books for any trade magazines this is very helpful and almost instantaniously qualifies you as an expert. The old saying if it published it must be true, holds true here also. If you have ever conducted any seminars or presented at trade shows, etc. This is another plus to prove that you are an expert. Do you belong to any associations or organizations in your profession. If so are you active on any committees.

How much does an expert earn?

Depending on your occupation and field of expertise an expert can earn from $150 to as much as $600 per hour. I have had cases where I was called in to trial and spent only 15 minutes on the stand and earned over$2000.00

Becoming an expert witness can be an awarding career or a great supplement to your career. If you're interested in learning more, I would suggest you take a look at my web seminar on the subject. It can be found at stoneuniversity.org

About the Author

Fred Hueston has been an expert witness for over 20 years. He offers web seminars teaching others how they can turn their skill, trade or hobby into expert status.