Expert Witness 101 (Part 2): Ways to Begin Your Practice

INTRODUCTION

Now that you decided to commit to your expert witness practice, you might be asking yourself a few questions. “What’s the best way to begin?” “How much time and money should I invest? “What is the business aspect of expert witnessing?” Well, this blog post has the answers. LinkedIn Articles suggest numerous tips for starting your practice. To make them digestible, the information is put into two separate categories: the basics and the technicalities.

HOW TO START YOUR EXPERT WITNESS PRACTICE

The Basics

1. Add “Expert Witness” on your CV: This title indicates that you are ready to be cross-examined in court and defend your testimony.
   • If you decide not to work in litigation matters, substitute “Expert Witness” for “Business Consultant” or “Consulting Expert.”
   • If you are working as an expert witness and are communicating with the attorney but have not been retained, watermark your CV to clarify your working relationship and protect your practice.
2. Align yourself with a representative body: Joining organizations like the Forensic Expert Witness Association (FEWA) can help you connect with other professionals, especially those in your industry. Membership is open to all experts with varying levels of expertise, including those who aspire to testify.
3. Deal with business promptly: Respond to any inquiries promptly and inform your client of your progress and any possible changes.
4. Have confidence: Undeniably, your ultimate duty is to objectively opine on the facts of the case. With this in mind, speak with authority. While you do have a duty to your client, your duty to court proceedings and the law should always take precedence. Be ready to defend your position.

The Technicalities

1. Familiarize yourself with expert witness reports used in litigation: Understanding how to respond to reports helps you distinguish fact from opinion and increases your credibility.
2. Prepare a marketing plan and include it in financial forecasts: Compare hourly rates in the marketplace and base your hourly rate on your value as an expert witness.
   • The estimate should always contain “plus reasonable disbursements,” including travel, accommodation, and similar expenditures. It is also important to keep a record in case you have to explain financial matters.
   • When you are ready to start marketing yourself and your practice, read Pt. 1, Pt. 2, and Pt. 3 of our “How To Make Your Expert Witness Practice Noticeable” blog series!
3. Set a solid “Terms of Business”: Some attorneys will try to impose their Terms of Business on you. Bring your own model to the table if you wish to negotiate different provisions.
4. Manage your caseload: How much work do you want on your plate? Is expert witnessing work in addition to your full-time job? These are a couple of questions to consider when preparing your financial forecasts.

Additional Resources

As an online marketing platform for expert witnesses, Experts.com also offers resources on this subject. Our Vice President of Client Relations & Development, Nick Rishwain, JD, recently hosted a webinar series, “The Business of Expert Witnessing: Part 1 and Part 2,“ with guest host and founder of Sandman Legal, PC, Dan Sandman, Esq. Gain insight from industry professionals. Watch our webinars for in-depth advice on how to start your business.

SERIES PARTING WORDS

All in all, becoming an expert witness is a long-term investment for your career. It can serve as your main revenue stream or as an addition to your full-time job. Additionally, it gives you the opportunity to make connections and expand your network, cultivating relationships with attorneys and law firms. Becoming an expert witness is not a difficult process. The tools and steps to begin your business are at your fingertips. However, the follow-through is up to you.