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Litigation Support

Expert Witness Marketing

Commentary for expert consultants to the legal industry and the methods to find prospect attorneys, companies and insurers that need their expert consultant services. Current trends in billing habits, legislation, advertising and business development for doctors, engineers, CPAs, criminalists, professors, scientists, investigators, legal nurse consultants, etc. Discussion of the ins and outs of professionals working within the weird world of attorneys, courts and litigation.\r\n\r\n

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Last Entry: February 16, 2013 at 21:19:00

Litigants Are Not Your Clients

Posted on February 16, 2013
A longtime reader of our newsletter emailed us with a problem sometime back and has asked us to share it as a cautionary tale for other expert witnesses:Expert Witness -- An individual located my expert services online approximately one year ago. He sent me an email and asked to review his case...

Perils of Non-Objective Testimony

Posted on February 12, 2013
You might have heard some version of the adage, "If you can't be a good example, you can serve as a warning." Glenn Hubbard, Dean of Columbia's business school and expert witness for Countywide Finacial apparently took it to heart according to Matt Taibbi of Rolling Stone...

Expert Witness Round-Up

Posted on December 01, 2012
To keep me from pacing during the championship games today, I'm cleaning out my "To Read" stack and want to share just a few of the highlights about expert witnessing from around the internet.Here's an interesting discussion: Would you want to be a "blind expert," having no idea who the client was until after the initial report was completed?Attorney Robert Ambrogi takes a timely look at the outcomes when experts sue for libel and discusses the lack of professional guidelines for expert's and the ABA's rejection of proposed expert witness guidelines...

Expert Witness News & Reading

Posted on June 16, 2012
Happy to be back in Dallas but still getting used to the heat - so I am staying in the air conditioning and getting caught up on my reading! A lot going on in the expert witness world. Let's start with the David and Goliath tale of the expert who sued a law firm and professional association - and won...

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Expert Witness Advertising

Posted on May 17, 2012
Some expert witnesses express concern about their advertising**and being questioned about it by opposing counsel, while others say they let questions about their advertising "bother them all the way to the bank."One of the keys in responding to such questions is to not take it personally; your poise will speak volumes...

See Rosalie in Vegas (and a rare opportunity)

Posted on April 02, 2012
Are you going to the Forensic Expert Witness Association (FEWA) Annual Conference, "How to Be an Effective Expert Witness," in Las Vegas this month?If you are, don't miss the pre-conference seminar, "Expert Witness Marketing Secrets," presented by Rosalie Hamilton and attorney Jim Robinson...

In Memoriam ? Julius S. Piver, MD, JD

Posted on March 28, 2012
(Guest post by Rosalie)We are sad to tell you that a beloved clientand friend has passed away. Dr. Julius Piver, an OB/Gyn and legal consultant, diedMarch 22, peacefully and surrounded by his adoring family. Julie would have been 88 next month and was stillpracticing gynecology and doing expert witness work...

Google Changes and Your Web History

Posted on February 28, 2012
The major changes to Google's privacy policy go into effect March 1st. If you are at all concerned about this, or offended like me, you have today and tomorrow to delete your web history. An article in the ABA Journal pointed me to the Electronic Frontier Foundation's instructions on how to do this...

Dancing Monkeys and Free Snowcones

Posted on February 09, 2012
When helping experts market their practices, we don't expect them to know everything about marketing and especially marketing with a website; that's why we're here and what we do. However....We have a folder called the "Expert Witness Marketing Hall of Shame" for situations we just never anticipated encountering with experts, things we never thought we would have to explain...

Not All Work Is Good Work

Posted on February 01, 2012
Turning down business seems to go against everything we've ever been taught, but sometimes, it may be the smartest thing you can do.When Rosalie and I read Michelle Golden's post, "Knowing When (and How) to Say No," we both knew we had to share it...

Initial Inquiry Call from Attorney

Posted on July 04, 2011
Following Rosalie's June newsletter article, "How Much to Say in the Initial Inquiry Call," several experts sent me their own "initial call" procedures. Here is one so clear and comprehensive, I wanted to share it:When a new attorney calls me and tells me general information about a case he has, I listen politely, I take notes to protect myself, and then I offer to send the attorney a copy of my CV, my Rule 26 disclosure, and a standard copy of my retainer agreement...

Don't Guess in Your Expert Report

Posted on February 25, 2011
In a teleseminar on making your expert reports effective and defensible, attorney Steve Babitsky cautioned against speculating or guessing (or even the appearance of having done so): First of all, don't speculate or guess. If you don't know what the answer is to something and you're writing a report, either leave it out or don't speculate...

Expert Witness Income - Nobody's Business

Posted on February 22, 2011
How much do you make testifying as an expert witness? The Appellate Division of the Superior Court of New Jersey has ruled that you should not be required to share that information. Attorney John Day has all the details. (Hat tip to Toby Edwards at Round Table Group)

Tips for Testifying

Posted on February 08, 2011
Attorney Elliott Wilcox has some tips for expert witnesses on testifying. Having served as the lead trial lawyer in nearly 2oo jury trials and numerous non-jury trials, he might know a little about this . Mr. Wilcox cautions that this is just a quick primer:Don't get rushed...

New Rules Affecting Experts Begin December 1st

Posted on November 16, 2010
Attorney Robert Ambrogi discusses the changes to Rule 26 of the Federal Rules of Civil Procedure that will protect some communications between experts and their attorney-clients, such as draft expert reports. Read the entire article in the IMS newsletter.

Manners Matter for Expert Witnesses

Posted on August 12, 2010
As an expert witness, your demeanor can be critical to how triers of fact view you, your report, and your testimony. Respect, politeness and composure can make a big difference in how the jury sees you. In "Effective Expert Preparation and Presentation," in The Advocate Magazine, May 2010, the Honorable Peter J...

Expert Witnesses from a Juror's Perspective

Posted on July 28, 2010
I frequently read advice and reactions from attorneys and judges regarding expert witnesses. It is rare, however, to hear it from a juror's perspective. Here are one juror's comments after a recent seven day trial:Expert Witness for Plaintiff [EWP] was not board certified and claimed the reason he wasn't was that it was too expensive...

Five Important Expert Witness Rulings

Posted on July 27, 2010
Whew - it's been a big year for legal decisions involving expert witnesses. Attorney Robert Ambrogi at IMS Expert Services reports on the Top Five Expert Rulings of 2010 (so far). Take a look - these rulings could affect you.

Keep in Contact with Attorneys

Posted on June 16, 2010
We frequently talk about sending out professional announcements and the like as a way of staying on the radar of your prospects. I recently heard from two experts who are being innovative in this regard. One expert witness recommends referring a potential client to an attorney on your list and letting him or her know you are doing so by asking them if it would be okay...

Hostile Opposing Counsel - Part 2

Posted on May 12, 2010
Continuing the input from expert witnesses on dealing with hostile opposing counsel in deposition:I have been doing expert witness work for 25 years. Attorneys basically have two tactics. They can either attack your opinions or attack you personally. If the whole deposition is about attacking you personally, you know you have won! If you the attorney could attack your objective opinions, he would certainly do so...

Hostile Opposing Counsel - Part 1

Posted on May 10, 2010
In our newsletter, we've been discussing how expert witnesses can handle hostile opposing counsel during depositions. The stories and advice keep coming and are too good not to share. So from the experts who've been there:I once had an oppposing attorney scream at me 2 inches from my face and spittle peppered my head...

Expert Witness Reports - Details Matter

Posted on January 22, 2010
A few months ago we discussed expert reports and their importance as a marketing tool (an available example of your expertise and work). I'm sharing one of the responses we received:Don't forget to mention spelling. I saw an attorney totally destroy an expert over a single misspelled word!Actually, it was beautiful to watch - since it wasn't me...

Publicity, Practice Management, and More

Posted on November 06, 2009
I'm finally catching up on my reading and found some gems:Being mentioned or quoted by the media can be a very effective (and inexpensive) marketing tool and who wouldn't want to be mentioned in the New York Times? See some original tips to accomplish that in this post at Nolo's Legal Marketing Blawg...

Expert Witness Retainers

Posted on October 23, 2009
An expert emailed me a question about requiring fees up-front, scheduling and travel. I thought you might find our exchange interesting.Expert's Question:I charge a non-refundable deposit when an attorney gives me a trial date and asks me to commit to this...

What You Say and Do Will....

Posted on September 16, 2009
.... come back to haunt you. Attorney Robert Ambrogi has a great article "When What Happens Online Ends Up In Court" about ten cases in which various players in the courtroom - judges, lawyers, witnesses - found themselves in trouble due to their online activity...

This Takes the Cake!

Posted on September 16, 2009
I've mentioned before about having contact information on promotional materials and easy to find on your websites. But now I must add -- include contact information in your directory listings and advertising! In glancing through a print directory of expert witnesses I came across a full page listing with lots of impressive information and NO contact information...

Questions about Expert Witness Income

Posted on September 09, 2009
Have you ever been questioned by an attorney about your income as an expert witness? We recently emailed our newsletter subscribers an article about this. It struck a nerve and I have compiled the responses, which you can read here.The most common advice seems to be to answer in percentages...

Be Careful with Your Expert Witness Website

Posted on August 21, 2009
This is a caution about building and maintaining your expert witness website. As you know, everything you do, say, and write can and will be cussed and discussed and used against you. The added danger of the Internet as opposed to other venues is that once it's there, it's always there and it doesn't matter if you change it the very next day...

Expert Witness Deposition Video

Posted on August 01, 2009
Being from Texas, we are familiar with Frontier Justice. We just don't often expect to see it in current times, much less in an expert witness deposition.Check out this excerpt of a deposition of an expert witness by the famous (infamous?) Houston attorney, Joe Jamail.

Mid-Year Review for Expert Witnesses

Posted on July 24, 2009
This is two-pronged post. First, a gentle reminder about staying on top of your marketing. Now is a good time to check your directory listings and advertising to make sure a) all your contact information is still current and listed correctly and b) that your description/key words accurately describe your practice...

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