Are you at the top of your field and trying to earn more money by becoming an expert witness, but you just can't figure out how to break into the field?
Maybe you've reached out to attorneys, or you've even been approached by an attorney seeking your expertise, but you just don't know how to get started?
It can seem overwhelming to try and enter the field of expert witnessing, especially if you've never set foot into a court room.
So, how do you go about entering this field?
Anyone can be considered an expert witness so long as:
- they have sufficient skill, proficiency, and experience in a particular area of knowledge, and
- that area of knowledge is helpful to the finder of fact in judging the matter at hand.
But that's only the first hurdle in becoming an expert witness.
Beyond meeting this bare minimum (which is the Federal Rules requirement) to be considered an expert, most experts will also have to pass the Frye or Daubert standard.
Under the Frye standard, your opinion and testimony must be based on techniques and models that are widely accepted in the community of your area of expertise?
If Daubert applies to you, then you can deviate from your community, so long as your professional opinions are based on peer reviewed scientific methods, and so long as your have the experience and education to support your opinion.
Even if you manage to meet these standards, there are some other practical considerations you should think about before becoming an expert witness.
Are you comfortable with having your work and opinion relentlessly questioned?
Once you enter the fray of litigation, opposing counsel will make it their mission to challenge your work, your credentials, your expertise, and will strive to paint you as an unqualified, sloppy, dishonest, biased, etc. etc. hired gun.
That can sting, especially if you're at the top of your field and unused to the confrontational and adversarial nature of litigation.
Opposing counsel will try to dig up any information from your past that brings into question your ability to offer an opinion. They'll be looking for skeletons in your closet, such as criminal convictions, license revocations, controversial past writings, or previously being disqualified as an expert witness.
If you have the credentials, the expertise, and a thick enough skin to become an expert witness, then you have two options:
You can go it alone and try to figure out how the legal system works, you can struggle your way through the legal criteria of becoming an expert witness, of writing your CV, of surviving a Daubert motion to disqualify you, and sweat you way through testifying in a deposition or a trial
... or ...
You can work with someone who has a step by step method that helps you put your best words forward.
If you don't want to wait years to figure out how to be an expert witness, then you need a a system.
Introducing the L.P.A. Method at the Expert Witness Academy
It can be overwhelming to enter a new profession, which is what you're doing by raising your hand and seeking cases as an expert witness. Then, when you find a case, you're left playing catch up and there is no one to guide or mentor you. The lawyers speak fast, the documents are voluminous and overwhelming, and the facts can seem slippery. It's almost like people are hiding things from you.
That's why we use the L.P.A. Method here at the Expert Witness Academy.
The L.P.A. Method is a framework you can apply case after case, so that you'll be prepared and you won't fall into a trap at a deposition or at trial. Learn more about how the L.P.A. Method can improve your expert witnessing by click the button below.