How to Hire an Expert Witness

If you're in serious trouble with the law, you'll not only need the best lawyer you can afford, you may also need to hire expert witnesses to testify on your behalf. If you're representing yourself (never a smart move) or want to be more involved in your lawyer's selection of expert witnesses, the following steps may be helpful.

Instructions

1. Decide on the type of expert you need. Does the case involve medical issues? High technology? An expert witness referral service can pair you up with the right person. Typically, there's no financial or contractual obligation until the person is hired.

2. Contract the expert as a consultant and then determine whether or not you want him or her to testify at trial. Realize that as long as the expert is a consultant, his or her work is confidential.

3. Expect to pay consultants on an hourly basis. The wide range of rates from $50 to $500 an hour is determined by your needs.

4. Decide just how much information you want to provide the witness about the case, and explain in detail the exact issue or issues that you'll need addressed. An aggressive expert who asks to review any and all case materials could easily become party to facts that are potentially damaging to your case.

5. Provide the expert with the expected trial or deposition dates as early as possible and define the time commitment needed.

6. Make sure the expert understands that his or her file is completely open to review in court. Be sure that the file contains only those documents that you, your counsel and the expert would agree to provide to opposing counsel.

7. Let your expert know that you expect nothing but honest answers both before and during the trial. When the expert's name is disclosed as a potential expert in the matter, his or her prior work becomes subject to examination.

Tips & Warnings

• Avoid experts who want to direct the case or who seem to be tailoring their answers to fit what they think you want. These experts often lack credibility.