Tips For Your Expert Witness Search
The good news is that you have come to exactly the right place. Here at Orion Expert Network, our sole mandate is to find you the best possible expert witness for your case. However, even though we’re here for you, we’re sure a general outline and search parameters would be useful to you as you go about your expert witness search. So, below are some tips on how to find the best-possible expert witness for your case.
Hone In On the Subject Matter
In past posts we have discussed different types of expert witnesses and the types of cases that they work on. Unsurprisingly, this will be one of the first things that you will want to do on your case in order to determine the types of expert witnesses you will need.
Once you have determined what type of case you are working on — divorce, personal injury, etc. — as well as the specifics of the case, you will be able to start in on expert witness research. For example, if you are handling a personal injury case involving a car accident, personal injury, and lost wages, you may need medical experts, vocational experts, and financial experts.
At this point, you have enough to go on to look at trade websites and peer-reviewed publications, news articles, and the like, in order to identify experts you can approach and vet for your case. You want an expert witness that has the proper credentials and certifications for dealing with the issues at hand.
Also remember that one of the most important points is that you will want an expert witness whose theory of the case aligns with yours, so determining this should be a major part of your vetting process.
It certainly is here at Orion Expert Network.
Check Expert Witness Directories
If you are working on a case last minute and don’t have a particularly long amount of time to perform your search, then the best-case scenario for you other than hiring a firm such as Orion Expert Network to locate your expert for you, you may want to consult an expert witness directory. Where these are available, they are typically provided by your local bar association, and are compiled based upon past participation in cases.
One complaint about these directories is that they are often compiled using entries from experts who have paid a listing fee, and are thus advertising themselves. Sometimes this can mean that the expert spends a majority of their time in courtrooms rather than the daily practice of their subject matter area — which may or may not be ideal for your case, depending upon your needs.
Know the Rules of Expert Evidence
There are two rules of expert evidence — 702 and 703 — that will govern most of the work done and testimony provided by the expert witnesses on your case. Familiarizing yourself with these rules will help you further narrow down your search and begin to prepare for trial.
Rule 702 is rather brief and simply provides for the almost-inalienable right to an expert witness during a trial. This rule allows wide judicial discretion in the choice of an expert witness and establishes that disallowing expert witnesses in cases should be the exception rather than the rule.
The second rule, 703, is a bit more specific, and establishes the parameters for expert witness conduct. One interesting facet of this rule is that expert witnesses are allowed to rely on evidence that is otherwise considered inadmissible in court so long as this evidence is reasonable to rely upon. Typically this relates to the issue of hearsay — something that would not be allowed to be mentioned in court but that could potentially be used by an expert witness, depending upon the context.
Knowing in advance the various types of evidence available in the case and the rules governing how it may be used will help you consult with expert witness candidates and determine how they will be able to use the evidence in the case in order to further your argument and enhance your chances of succeeding.
Be Careful with Search Engine Results
We get it: lawyers are busy. And since you rely on search engine results for so much else — health questions, dinner reservations, directions — why shouldn’t you use them to find your expert witness?
Googling expert witnesses isn’t a hard no, but there are lots of pitfalls to watch out for when conducting your search in this way. First off, remember that many of the expert witnesses that you will find on Google and Yahoo! have paid to have their search results moved to the top of the page. So, while these experts deserve kudos for a solid marketing and advertising game, don’t take their primacy in the search results as indicative of primacy in their field.
While specialized and specific search terms will certainly help you in your search, you will want to rely more exclusively on scholarly publications and industry lists in order to locate your expert witness. Here at Orion Expert Network, we have an existing selection of experts who are pre-screened for your to choose from, and we also undertake an extremely thoroughly and scholarly search process to find our experts. We’ll stick to Google for Chinese food delivery and figuring out how to get to our kids’ soccer matches.
Check back next time for even more tips for finding the best possible expert witness!