Expert witnesses can play a crucial role in the success of a high-stakes legal battle whether it is about a commercial/financial matter or a criminal case. If you’re considering being an expert witness, brace yourself because it is definitely not an easy task to become an expert witness. For one, you have to be an expert on the matter you’re being asked to testify on. Secondly, you have to be aware of the legalities associated with testifying and making sure you’re always providing the information correctly to the best of your knowledge without perjuring yourself. This article delves into the four things you must know about being an expert witness.
Your Workload Will Vary from Case to Case
While being an expert witness might appear to be an easy task, it can actually get quite complicated based on the case for which you are appearing to give a testimony. If the case is complicated and tricky, you might have a serious amount of work cut out for you. This includes going through every relevant piece of information, reading up on all the case discoveries available to you, and then writing down your report and preparing your testimony for the court to give the best possible neutral opinion you can on the matter. It is ideal to discuss the amount of work you’ll have to put in before you agree to appear as an expert witness for a case. Similarly, your ability to take up complicated cases as an expert witness increases your and your testimony’s value as well as your reputation as an expert witness.
Prepared to be Discredited
If you’re entering into the field of being an expert witness, prepare to come across the harshest strategies for probing expert witnesses from opposing counsels. Expect them to dig deep and question small ambiguities to make a mountain out of a molehill. Sometimes, these counsels can go as far as fabricating evidence that can discredit the knowledge, commitment, or work ethic of an expert witness to tank the case potentially. Your ability to be an outstanding expert witness can be all that stands between the case settling on the spot or going to trial. It leaves scope for you to perform exceptionally. Still, if you don’t strategize well enough or have a weak legal understanding of laws about the testimony of an expert witness you leave yourself open to scrutiny in front of the court and the jury.
Preparation is the Key to Success
Regardless of how seasoned you are as an expert witness and how well you understand the case it is paramount to prepare for your testimony beforehand with the lawyer. This includes going through giving your testimony and readying yourself for a cross-examination. The worst thing that can happen to an expert witness is fumbling or going quiet when a question is asked because it leaves the door open for badgering from the opposing counsel, potentially turning the jury’s opinion against you. This includes working diligently with your lawyer to ensure you’re on the same page, as well as going through all the questions the lawyer will ask you just to avoid any unpredictability.
Figure Out the Billing Beforehand
As an expert witness, your income is directly tied to the firm/firms you work with. It means you should always set out the billing for the case you’re going to appear for in advance. Consider going through the case files to determine how much work will be needed from you, then provide a list of costs. Ideally, be transparent about how you’re going to charge so you’re going to come across as transparent. Disagreements around billing down the lane can fracture your relationship with the law firms as well as damage your reputation. And as an expert witness, reputation is the most valuable asset you have, more so than knowing the subject matter.
Conclusion
Becoming an expert witness is not an easy task but it is certainly a rewarding one. The job is full of opportunities, new connections, and fame but it’s a path that’s best trodden carefully. Trust is paramount in this field of work and the only way to ace it is always thinking two steps ahead and preparing for the worst while aiming for the best results.
