Whenever you have a case with complex technical, medical or scientific issues, consider retaining a consulting expert to explain those issues to you. Researching the issue yourself by going online, reading up on the topic and searching out and digesting scientific journal articles is helpful, but you'll never know whether you truly understand the topic until you speak with an expert who has already mastered it. She can tell you what the issues are, explain to you how everything works, what documents to search out, what articles to read, what questions to ask in deposition and what themes to develop in your case. Next time you are wrestling with complex issues, consider seeking help from an expert who has mastered those issues.
When deciding whether to retain an expert, ask for two to four references, other attorneys (both plaintiff and defense) who have retained his services. Call them, and ask them:
1) Is he easy to work with?
2) Is he arrogant?
3) Does he have any pet peeves?
4) How responsive is he? How responsive is his office?
5) How good of a witness is he at deposition? At trial?
6) How much was his total charge to you in your case?
7) Does he have any skeletons in his closet?
8) Where is he subject to impeachment?
9) Any issues with any his licenses or certifications?
10) What did you like about him? What didn't you like about him?
11) Would you use him again?
12) Anything else you remember about him?
Before retaining an expert, review his C.V. closely, looking for the following:
1) Is he published? Are any of his texts or articles relevant to the issues in your case? If so, you need to review them. You can't have your expert taking a position in your case contrary to his prior writings. If his publications undermine your case theme, consider another expert.
2) If you're retaining a doctor, did he have to leave the country for medical school?
3) Has he ever held any leadership positions where he was elevated by his peers?
4) Has he received any honors or awards?
5) Does he hold any teaching positions? Is he still active in academia? Professors are accustomed to teaching and your expert will have to teach the jury about your case.
6) When's the last activity on his C.V.? If it's been years since he's written or spoken on a panel, he may not be up on the latest trends.
7) Does anything in the C.V. not feel right? Intuition is powerful. Ask the expert about your concerns.
Read more on Frank Ramos' blog, Tips for Young Lawyers. Francisco "Frank" Ramos, Jr. is the administrative partner at Clarke Silverglate in Miami, Florida, where he practices in the areas of products liability, employment, commercial litigation, medical malpractice, class actions and general liability.
For more information about LexisNexis products and solutions connect with us through our corporate site.