Accountability

A father without a father

Has difficulty balancing.

A master without a master

Is dangerous.

We look up to our parents, our teachers, and our leaders with trust and expectation. Their responsibility is to guide us, educate us, and even make judgments on our behalf when circumstances are uncertain. Ultimately, they are to bring us to the point where we can make our own decisions, based on the wisdom they have helped us develop.

Now, you are your own person, a parent, a teacher, a leader. And you are more than that: a law firm partner is a teacher's teacher, a leader's leader, a lawyer's lawyer. You make your own decisions now, but as a partner the decision has great weight, awesome power - the power to bring about justice, or the miscarriage of justice. Usually lawyers are rigorous and methodological in all aspects of their work. According to our research, this rigor does not extend to the realm of selecting expert witnesses. Too often, we select experts without undertaking a thorough, methodical search. And yet, an expert witness can win or lose the case

Law firm partners are wise leaders, but the potential for mistakes is great, such as when selecting an expert witness -- what person can be right all the time? A simple lapse at the wrong time can cause confusion, psychological scars, even great disaster if a jury is wrongly persuaded. That is why we need a master for the master, a leader for the leaders, an expert for the experts. This prevents errors of power.  In the past even kings had wise advisors.

Every lawyer who would select an expert witness should have such assistance.  And who should this mentor be? Let us invoke not deities but pragmatism. It is experience that is the ultimate teacher.  Round Table Group connects attorneys with expert witnesses in all fields.  Round Table Group has a network of 95,000 expert witnesses. Round Table Group can connect its clients - those engaged in important litigation matters - with other experts who have "been there, done that," who have the experience to share, the knowledge to provide, to ensure that the expert witness is not a "dangerous expert witness."  [Adapted from "365 Tao."]

Russ W. Rosenzweig

This is a short study, albeit slightly dated, examining the average fees that expert witnesses charge across a variety of fields. Could help in negotiating with an expert on billing rates.

Expert witness testimony can make or break a case. An interesting blog post from 2008, Should You Bring Your Expert Witness Live to Trial?, discusses the pros and cons that litigators should weigh in deciding whether to have their expert witnesses testify live in trial or though videotape. The blog, written by an accomplished group of trial lawyers, advises that generally, a live appearance is preferable. However, sometimes the high testifying fees an expert might charge and/or the scheduling of a witness's time may make a recorded deposition more attractive. Also, some experts may make a better "appearance" on a recording. See the article for further details.

The title of this book, How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert's Perspective, says it all. Unlike most resources however, this one is written by a top medical expert and doctor, not an attorney. The author, Dr Vernon Neppe MD, PhD is a leading neuropsychiatrist/behavioral neurologist, and psychopharmacologist. He also has extensive experience as a forensic psychiatrist/forensic neuropsychiatrist. Anyone practicing in medical litigation should give it a read. 

When seeking an expert witness, should you set your sights on someone local, or should you search nationwide? Of course, there's no right answer: Your decision will vary depending on the details of your case.

Regional or Nationwide: How do you decide?

Distant experts can be just as accessible as regional ones, says Round Table Group's Aaron Yoho, because "there's been a change in the way that people conduct business.  People take flights daily for their jobs, so it's not out of the realm of reason for experts to travel to see their clients."

Money might not be a factor, either, Yoho says, since faraway expert witnesses often don't charge more than regional ones--except those from major metropolitan areas.

But, there are reasons beyond money or accessibility for choosing an expert witness in your immediate geographical area.

Consider the following points to determine whether geography makes an impact on your case:

Narrow your search to your geographical area if:

Having someone closer to the scene would be an advantage.

"If it's an engineering case, the expert may want to look at a bridge or building in person instead of relying on pictures," Yoho says.

Juries in your state prefer hometown experts.

"Some jurors perceive expert witnesses from different locations as condescending," says Round Table Group's Phil Davis. "If you choose expert witnesses with local flavor, the juries may relate to them better."

"A law in Tennessee states that you have to be a resident of Tennessee, or a contiguous state, if you're going to testify," says Yoho.

"There are also instances where the expert witness needs to have a state's professional engineering license to understand the regulations of a case."

Search for your expert nationwide if:

There's no concrete reason why the expert would have to be local.

"The vast majority of expert witness' work gets accomplished in their own offices," says Yoho. "If they need to go on location, the cost is of no consequence in the long run, considering how inexpensive it is to fly nowadays."

You seek someone with credentials from a notable university.

"In a medical malpractice case, a jury might like someone from Johns Hopkins better than just a local hospital," says Yoho.

Limiting Scope Can Be Daunting

Finding an expert witness on your own can be time-consuming and difficult, especially if you limit yourself to a tiny geographical region, or you're not sure where to start when searching on a nationwide scale.

"We find experts all day every day," says Yoho, "so we're much more expedient and efficient. Our network leads to our success. There's a lot of overhead for attorneys to make the connections we have, and for them to do it four or five times a year, it's not worth their time."

Round Table Group is well-versed in regional and national searches for expert witnesses. "If you're limited by local rules and regulations, we understand those kinds of searches," says Yoho. "If you're looking on a wider scale, we search in a way that makes sense for you: Most of the researchers at Round Table Group start at your location and spiral outward from there. We pride ourselves on finding the best experts."

This article was written by RTG contributor Lisa Fields.

Something extraordinary happened this week in Chicago: Yo Yo Ma performed three of Bach's Cello Suites to a sold out audience. It was an awesome experience, watching one of the world's greatest living musicians performing the non plus ultra of his art. What is the key to Ma's artistry, and what can law firm partners learn from him and the world's leading musical artists? Focus and discipline.

Tony Schwartz wrote about this topic in his recent Harvard Business Review article, "Manage Your Energy, Not Your Time" and also in his fantastic booked co-authored with Jim Loehr, the Power of Full Engagement. The take away for world-class law firm partners: DO NOT MULTI TASK. If you are focused on, say, reviewing documents for an upcoming deposition, focus ONLY on reviewing the documents. Do not take calls. Do not check e-mails. Even the mere act of taking 5 seconds to check your e-mail creates neural activity that decreases productivity. A truly professional law firm partner owes it to her clients, to the cause of justice, to be focused and disciplined when working on the matter. Yo Yo Ma was completely and totally focused and in the present, performing the pieces with skill, grace, and passion, just as the law firm partner does in her daily work.

Jim Loehr is Chairman, CEO and Co-founder of the Human Performance Institute. Check out the Human Performance Institute's free "Self Profile" performance analysis for more information.

An interesting article on trialtheater.com provides some interesting expert advice. In large cases where multiple experts are used it may be beneficial to provide photographs of your expert witnesses when referring to their testimony during closing arguments. This could help revive jurors' memories of the expert while stressing key aspects of the testimony. The article notes that it may be beneficial to use a photo taken on the same day that the expert testified in order to enhance the impact.

A world-class law firm partner knows that the formula for success = concentration * consistency * cooperation.

1) Concentration. The mind of a law firm partner has a natural tendency to slip into the memories/worries of the past or thoughts of the future. A partner rarely may be tempted to multitask, to switch back and forth between various cases, CLE, personal matters during the day. It is well documented (see, for example, "Mozart's Brain and the Fighter Pilot") that the brain is far more effective when it is single tasking and not multitasking. The mere act of checking your e-mail while engaged in an important task requires a "reboot" that is highly inefficient and does not serve the cause of justice. A partner must do his duty to the cause of justice by concentrating in a focused way on the task at hand, and not multitasking. 

2) Consistency. Know what you know, know what you don't know, and know what you stand for. The opposition will scrutinize everything a lawyer (and the expert witnesses he hires) has ever said, written, or published. Set your tasks and goals and follow them. You are a partner because you were called by society to serve the cause of justice.  Accent is on the work, not the fruits of the work. Be consistent in your thoughts and actions. 

3) Cooperation. A partner cooperates with all parties and acts as selflessly. You are working for a cause (justice) far greater than yourself and your own "needs." Be amicable, friendly towards all, and cooperative. 

Intellect v. emotions for law firm partners. Your role is society as a law firm partner is critically important: in many ways the balance of justice rests upon your ability to be disciplined and focused. The mind (see the must-read book for partners, "Emotional Intelligence" by Daniel Goleman) is unsteady, impulsive, fickle. It rambles. It has no direction to follow. But you are partner and thus have a divine goal -- your direction is set there you insure that your intellect has mastery over the mind's fickle wonderings, like a parent controlling the child. A partner can have emotions, but must not be emotional. A partner can have sentiments but must not be sentimental.  Passions are good but law firm partner cannot be passionate. A partner will never lose her control: her mind will not become agitated, lest she lose the clarity of her thinking. 

Russ W. Rosenzweig

It is my pleasure to introduce Round Table Group CEO Russ Rosenzweig, who will be regularly sharing his extensive expert witness referral experience and legal business knowledge with law firm partners across the country on a recurring basis.

Russ W. Rosenzweig is the CEO and co-founder of Round Table Group. Prior to joining Round Table, Mr. Rosenzweig served as a senior consultant for the management consulting practice of PriceWaterhouseCoopers in Chicago. Mr. Rosenzweig was previously the youngest corporate finance analyst at Alpha Capital Venture Partners, a venture capital firm in Chicago, where he focused on providing debt and equity financing to middle market public and private companies.

Mr. Rosenzweig holds a Bachelor of Arts degree in economics and mathematical methods in the social sciences from Northwestern University and an MBA from the University of Chicago Graduate School of Business. He also holds a Certificate in Liberal Arts from the University of Chicago and a Certificate des Etudes from the University of Paris (Sorbonne).

At Round Table Group Mr. Rosenzweig is an advisor to law firms on matters related to location, selection, and retention of experts. He also advises fast-growing private companies on location and selection of advisory board members. The firm maintains a network of 95,000 university professors and industry experts around the world.

An authority on innovation and strategy within larger firms, Mr. Rosenzweig co-created the "Internal Venture Marketplace" framework with Professor Harry Davis of the University of Chicago Graduate School of Business and is the co-author, with Professor Davis, of an article on the topic published in "The Virtual Strategist," an academic journal. He has advised BP, ExxonMobil, Lockheed Martin, Motorola, Black & Decker, FMC Corporation, and other companies on new-venture creation and on promoting entrepreneurship internally. He has applied distance learning and web-based technologies to teach entrepreneurial strategy to hundreds of managers around the world, including, formerly, as Director of the Booz Allen & Hamilton Certificate Program in Business Strategy.

Mr. Rosenzweig serves on the board of advisors of several companies in the United States, France, and the United Kingdom. He was the founder and former Managing Director of Michigan & Oak Partners, a private equity and startup advisory concern. He is an active "angel" and real estate investor.

Mr. Rosenzweig's accomplishments have been profiled in the Wall Street Journal, New York Times, Crain's Chicago Business, Fortune Magazine, the Chicago Tribune, and in four business school case studies published by Stanford University. In 2007, Inc. Magazine named RTG for the fourth year in a row to the "Inc. 500" (now "Inc. 5000") list of the fastest growing private companies in the US. Mr. Rosenzweig is regularly quoted in news articles as an expert in entrepreneurship and business strategy. Recently, Crain's Chicago Business named him a member of "The Internet 100," a select group of influential executives, decision makers, financiers and idea people in the Chicago business community.

Psychiatric expert witnesses are increasingly being engaged in criminal and civil proceedings to shed light on the mental condition of key parties. Within psychiatry, doctors specializing in the field of forensic psychiatry have traditionally undertaken this role. However, there is an increasing demand for psychiatrists working in other psychiatric disciplines to perform expert witness work.

Insurance firms, for instance, are increasingly hiring neuropsychiatrists to evaluate the relationship between injuries and illnesses and cognitive dysfunction. Neuropsychiatrists are also being used to link psychiatric issues to the exposure of drugs or chemicals. Further, geriatric psychiatrists are being used with increasing frequency to testify to issues of incompetence in legal disputes involving wills and trusts, while addiction psychiatrists are testifying as to the influence of dependency on an individual's mental state and behavior. General psychiatrists are also being engaged in employment cases to determine whether a person is fit for work

Whatever your legal dispute, chances are good that a psychiatric expert witness might be able to help your case. Most expert witness referral firms closely follow litigation trends concerning the use of psychiatrists and keep a steady pool of experts on hand. However, there is always a short supply. If you think you may need a psychiatric expert witness, act quickly.

A trademark expert witness often plays a key role in the successful resolution of any trademark infringement case. Survey evidence provided by such an expert can demonstrate whether a mark is subject to protection or not, and render an entire claim valid or invalid. Michael Atkins, active trademark lawyer and shareholder in the firm Graham & Dunn, has written a short guide on how to locate trademark expert witnesses. He first suggests checking out previous trademark cases where expert testimony was involved. He also suggests that academics from local universities are a good way to go in the trademark field. Check out his posts for further advice.

The attorneys and research analysts of Round Table Group, the premier expert witness search and referral firm, have launched a new blog entitled Engaging Experts. This blog will focus on information and commentary of use to any practicing attorney who works with expert witnesses. Topics will include expert witness news, expert procedure and vetting tips, and Daubert updates.