• Perception Is Key – The idea that an Expert’s services are deserving of media coverage plants the seed that he is successful. In other words, if the New York Times  is taking space to publish a press release announcing an Expert’s or Consultant’s new book , then he must be worthy of consideration for an engagement. A press release, in essence, is mass confirmation of your achievements.

• Third Party Endorsements – A press release issued on an Expert’s or a Consultant’s behalf by a third party is much more effective than one issued on their own behalf. Most Experts and Consultants are uncomfortable touting their own successes. By letting a third party advocate on their behalf, it takes the negative effect of self-promotion out of the equation.

• Opportunity to Inform – A Press Release is issued mainly for a specific reason, whether for the publication of a new book, a business milestone, or a litigation success. It does not, however, have to be limited to that success. If written properly, press releases can include a short biography on the Expert or Consultant, communicating their areas of expertise and offering website links for more information on their services.

• Maintain a Presence –  “Out of sight, out of mind.” It is important for professionals to let their current and prospective clients know that they are consistently relevant in their field of expertise. By issuing a press release, they keep their clients informed of their achievements and remain fresh in their minds for future jobs.

For more information on how Experts.com can help market your services and promote your achievements through a Press Release, please contact us at press@experts.com.

Marking the CV with such statements as “UNOFFICIAL,”  “NOT YET RETAINED,”  ”DO NOT SUBMIT,” or “UNAUTHORIZED,”  prevents unconscionable practitioners  from downloading  a CV and submitting it as their “Retained” expert witness, or implying such, without the knowledge and consent of the expert.  The watermark makes it clear to other parties what the status of the relationship is between the attorney and the expert.

The benefit of watermarking a CV is twofold. One, it allows an Expert to promote his services and qualifications and still feel secure that they will not be presented without his express consent and, two, it allows the Expert an opportunity to offer the most current version of his CV. Since the attorney must contact the Expert for an “Un-Watermarked” version, the Expert can then update the CV and bring to the attorney’s attention any new work experience or litigation successes.

For more information, or to become an Experts.com Expert Witness or Consultant, please contact us at support@experts.com.

There is an ongoing debate as to whether CVs should be posted for public viewing or whether they should be available only on request. There are two schools of thought on the issue:

1. Promote, Promote, Promote:  The idea is that the more visible and accessible your qualifications are, the more likely you are to be retained. If an attorney is looking for an Expert Witness and comes across his CV, he may make immediate contact or download it and put it in his files for future use.  The point is that the Expert’s experience is being marketed to those in need of his services.  However, where there is a benefit, there is usually a detriment. In this case, the downside to easy accessibility can be fraudulent use without consent. *
2. Keep It Close To The Vest:  Like a straight flush, some Experts and Consultants prefer not to “show their cards” until they have had a chance to speak to their prospective client. The idea that more experience can be conveyed in a conversation than from the one-sided viewing of a CV does have merit.  However, it is also possible that, in the interest of time, those searching for expertise prefer to know beforehand that the Expert possesses the necessary qualifications before making contact.

The decision of whether or not to publish a Curriculum Vitae is, of course, a personal one. Across 1,300 Expert Witness categories, you will find that most of our members prefer to publish their CVs . If you have pondered this issue yourself and have any thoughts to share, please take a moment to comment below.

*Please see Experts.com’s next blog post on Watermarking CVs.

In a recent article, he writes,

“The versatile Insurance Industry Expert is being selected by insurance industry litigation law firms throughout the country. Since many cases involve millions of dollars of litigation exposure, it is important to have an experienced insurance industry expert who brings the element of persuasion and accuracy into the mix.

Insurance experts that have been retail insurance brokers, wholesale insurance brokers, excess and surplus lines insurance brokers, managing general agents, reinsurance intermediaries are very helpful in winning cases because they possess practical industry experience…”

Read More

Prior to the computer age, when information was hard to come by, the best way to procure an Expert was through a Broker. Broker’s compiled lists of Expert Witnesses and Curriculum Vitae otherwise unknown to attorneys. The Brokers would then, and still do, charge attorneys a fee to retain those Experts. The cost is usually a 30%-60% mark-up over the Experts’ hourly rates. Though some Brokers offer a brief vetting of Experts, it is not worth the severe mark-up and attorneys are still required to do their own due diligence.

Today, with information readily available on the internet, there is no need for a Broker’s services. Established and well-respected website Directories have made public and free what was once private and costly. The very same Expert Witnesses are marketing their services with these online Directories and negotiating their own terms with no middle-man. According to Expert Witnesses, the most common dissatisfaction with Broker referral services is their ineffective means of collecting from their law firm clients. With the Experts in control, getting paid is getting easier.

The Expert Witnesses have it figured out. Why attorneys would pay exorbitant amounts for what they could get free of charge is baffling. It’s time for law firms to focus on the bottom line, fix what’s broken, and save thousands of dollars annually. Nothing else makes good business sense.

A professional Consultant is one who gives expert advice in specialized fields. A good number of consultants are top-level managers who have been with organizations for years and are able to trouble shoot issues that they have seen numerous times throughout their careers. Though the players are different, the contentions are mostly the same. It is just a matter of manipulating the knowledge that they already possess to benefit all of the parties. Though dispute resolution is the most common reason organizations hire outside assistance from Consultants, there are other situations when their services can be advantageous.

1.    Specialized Knowledge – The most successful organizations understand that they must hire in good advice when necessary. If an organization has a special circumstance outside the scope of it’s normal business, it may be necessary to “borrow the brains” of a Consultant. It is not rational to think that a decision maker has all of the answers. It is neither cost-effective nor efficient for members of an organization to learn a subject that a Consultant has already mastered.

2.    Disinterested Perspective – Consultants can serve as mediators or facilitators in outside and in-house disputes where bias would only divide the interested parties. Whether it be internal personnel issues or outside distrust, Consultants can concentrate the factions away from any encumberances that impede resolution.

3.    Fresh Perspective – Over time, some companies get caught up in the same line of thinking. Employee initiative gets stagnant and original solutions can be few and far between. Consultants have the benefit of visiting the same issues from many different organizational perspectives. Since they are continually solving the same general problems, Consultants have a vast arsenal of information with which to attack. For a short time, organizations can utilize this perspective to galvanize their work forces.

4.    Bad Guy – Businesses are often called upon to make difficult decisions. For some organizations, it is better that the delivery not come from within. For instance, a resistant board of directors may determine that an outside Consultant’s opinion to increase expenditures is more valuable than an employee’s opinion. At the end of the day, or assignment, the Consultant not only has the advantage of higher, more specialized knowledge, but can leave the organization with no lasting repercussions.

Professional Consultants can be an extremely effective tool for businesses in need of expertise. Whether for brain power, a new angle, as an impartial facilitator, or scapegoat, they can be thought of as a temporary means to a lasting solution.

The fact is that expert witnesses and consultants may have a wealth of knowledge to share, but it won’t do much good if it can’t be heard above all of the social media noise out there. Increasing visibility and driving growth depends, more than anything else, on having a platform to promote your expertise. This platform must be uniquely positioned to enable the higher knowledge that experts and consultants possess to reach those to whom it can benefit most.

Fortunately, there is a solution. Experts.com is an established marketing platform specifically designed to assist professionals in building their reputation and getting results. Experts.com specializes in increasing visibility and exposure, which are paramount to survival in today’s ultra-competitive marketplace. Expert witnesses and consultants are encouraged to become members at Experts.com and market their services and expertise to thousands of users worldwide. The potential viewers are considerable, including attorneys, judges, businesses, insurance companies, the media, etc. Through Biographical Profiles, Members are encouraged to promote publications (articles, case studies, books, and more), place unlimited links to specialized website pages, and incorporate social media, thereby providing exposure to Experts.com’s followers on sites such as Facebook, Twitter, and LinkedIn.

To better target a professional’s market, Experts.com allows its Members to highlight separate profiles under the Expert Consultant Directory and /or the Expert Witness Directory, as not all Consultants act as Expert Witnesses.  Furthermore, the performance statistics for each profile, which can be viewed in real time 24/7, are tracked separately so that Members can see which profile is getting more exposure. Again, Experts.com’s goal in introducing these features is not just to increase their Members’ visibility and exposure but to do so in an effective, efficient, and economical manner.

Imagine if you were retained as a medical expert witness,  had written a rough draft, preliminary opinion, and submitted it, mistakes and all, for initial consideration. Then, imagine if this document had been used in court without your knowledge, and the next thing you know, you’re being disciplined based on the quality of the document. 

Something like this actually took place, and the results may have lasting results for those in the medical community. In May, a California jury determined that the American Academy of Orthopedic Surgeons (AAOS) was liable for falsely portraying an orthopedic surgeon after he had acted as an expert witness in a medical negligence case. It seems that the AAOS had suspended the medical expert for allegedly providing improper testimony in the case. Normally, the AAOS would have every legal right to discipline the doctor, but here’s the catch: According to the doctor, the “expert testimony” used in the negligence case was the preliminary report  he had submitted to the plaintiff’s attorney who retained him. It was, therefore, not meant to be used in court. Even worse, according to the doctor, the plaintiff’s attorney had removed the words “draft report” without the doctor’s knowledge. This, in itself, is questionable behavior.  For the AAOS to then suspend the Medical Expert and falsely portray him in its publication is certainly overstepping. This, at least, was the finding of the jury, though of course the AAOS is doing all it can to fight this verdict. It is worth mentioning that the jury verdict awarded damages to the doctor against the law firm as well.

 This is a unique case that could have profound implications, not just for the AAOS but for the medical industry as a whole. If a precedent has been set that expert witnesses can successfully sue medical societies, then this is certain to send shock waves throughout the medical community. Expert witnesses should be permitted to submit preliminary drafts before finalizing the report that will actually be used in court. More importantly, no one—attorney or otherwise—should have the right to alter a draft report and misrepresent it as expert testimony. Furthermore, this case, which is among the first instances of an expert witness successfully challenging a medical society’s disciplinary action in court, may compel these societies to think twice before committing what is essentially libel.

As we might expect, this story is far from over – we could say that it’s still in the “draft report” phase. Judging from what happened to one medical expert, it’s probably wise to keep that draft report in safe keeping….