Recently in Expert Witness Practice Category

Expert witness testimony can make or break a case. An interesting blog post, 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.

Patent expert witnesses can help your client determine whether a competitor's new product infringes upon their patent. Perhaps need to find an expert witness to determine whether or not allegations made against your client's product are true. How can you find a top quality expert with the specific knowledge you need?

Dennis Crouch, an Associate Professor of Law at the University of Missouri, recently conducted an analysis regarding patent litigation.  His findings indicate that our fictional product infringement description above is a very real problem for many practicing patent attorneys.  He observed that the number of patents being litigated has substantially increased over the last 20 years. "More complaints are being filed and more patents are being asserted with each complaint."1

One way to help ensure that your patent cases reach a successful conclusion is to seek help from an expert witness referral firm such as Round Table Group (RTG).  Round Table Group fulfill requests for patent experts more often than any other type of expert, says RTG's Nick Zafran, who has been researching and compiling the company's extensive billing data.

RTG's research has shown that patent experts bill for more hours than any other category of expert witnesses. "A medical expert often reviews a single person's medical file," says Zafran, "but for patent experts, there can literally be hundreds or thousands of pages of documents to review."

Top-four fields and their rates

When seeking a patent expert, consider billing rates for the top-four fields:

1. Computer scientists.

They examine computer systems, Internet protocols, software source code and operating systems--and earn an average of $425 per hour, according to Round Table Group data.

"They're the most in demand, and the stakes involved in these cases are a lot higher," says Zafran, "so they feel that their rates can be higher."

2. Biomechanical engineers.

These experts review cases dealing with medical devices like heart valves and stents and earn an average of $386 per hour. "It's a very big area now, especially for us," says Zafran.

3. Electrical engineers.

They consult on cases that involve electrical devices, among them circuit boards, semiconductors and electronic power systems. These experts earn an average of $353 per hour, according to RTG data.

4. Mechanical engineers.

Cases typically involve mechanical devices such as pulley systems or automotive components, and engineers earn an average of $291 per hour.

Technical jargon translation

Patent cases usually settle, says Zafran, but attorneys nonetheless seek experts who can translate technical jargon into layman's terms. Round Table Group can make this step of the process easy.

"We can set up a phone interview so an attorney can get a sense of how well someone speaks," says Zafran. "If you went to one of the standard free lists to find an expert, you're not going to get that."

Attorneys also seek experts who have some--but not too much--experience. "They prefer experts that have specific expertise without appearing to be a hired gun," says Zafran.

"Finding someone who has experience with your product who doesn't go from case to case is hard to find on your own."

It is important to note that expert witness referral firms commonly present a rate higher than what an expert demands. The amount varies but is typically around $100. In exchange for this, expert services firms locate and vet hard-to-find experts in all specialties. These experts, at the top of their field, are often not listed on any free "expert" databases.

...excerpt from article written by RTG contributor Lisa Fields.

1  Patently O, patent law blog, Published March 17, 2008: http://www.patentlyo.com/patent/2008/03/patent-litigati.html

Patent expert witnesses are in high demand. Continued advances in technology and the highly competitive nature of the business world ensure that patent litigation will continue to grow for many years to come. Traditionally, finding a qualified expert with specialized knowledge in the scientific field subject to your litigation has been difficult. Accordingly, many expert witness referral firms place an increased emphasis on providing a large panel of patent experts in all relevant fields to assist attorneys in their time of need.

Such assistance, however, does not preclude you from looking for an expert yourself. Let's say you have a potential need for a semiconductor expert. Where should you go first? One of the Internet's free expert databases or a simple Google search? No way. Shame on you for even thinking that. Head to Amazon.com. When evaluating the qualifications of an expert, courts tend to give greater deference those who have published extensively in the field related to the patent in issue. Amazon sells a bevy of technical books on almost any scientific field you might need. A simple search for "semiconductors" turns up literally thousands of books. It is then a small matter of contacting a book's author, who is usually easily located in his or her respective university directory.

Give Amazon.com a try next time you are thinking of using an expert. And while you are there, buy a DVD, or a vacuum cleaner, or a hairbrush for your dog. Or some other item you do not really need. Your patent expert searches can help turn the economy around!

Nick

Psychiatric expert witnesses can be vetted and evaluated in the same manner as any expert witness. An attorney can check work references, perform a Lexis search and speak to other attorneys who have previously engaged the expert in question. Going a bit further, an attorney can also use Daubert Tracker, which is a site purposely designed to track cases that involve the admissibility of expert testimony. Attorneys can enter an expert's name and search all cases, if any, where that expert's ability to testify was challenged before a court and whether that challenge was successful.

Additionally, when evaluating a psychiatric expert witness, or any medical expert, an attorney might want to turn to HealthGrades. HealthGrades is a physician evaluation website that provides a great deal of information on a doctor, including board certifications, disciplinary actions, patient evaluations and education and training. Its use is a great way to confirm a medical expert's credentials.

Finally, anyone practicing in medical litigation of any specialty should check out the book, How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert's Perspective. 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. 

Many expert witness referral firms now use these tools and many others before presenting an expert, but you may also want to use the most relevant tools yourself to minimize unpleasant last-minute surprises.

Nick

Psychiatric expert witnesses are some of the most commonly used experts in litigation today. Accordingly, many expert witness referral firms focus heavily on providing a wide array of psychiatric experts in all relevant sub-disciplines to assist attorneys.

However, in case you are interested in defying the natural order of the universe and looking for an expert yourself, head over to Psychiatry Online. The site has an excellent search function that allows one to search, by keyword, eight leading psychiatric journals published by American Psychiatric Publishing, Inc. (APPI). As an example, a simple search on "competence" turned up several thousand online abstracts, with author names included. It is then a small matter of contacting the author of an abstract, who is usually easily located in his or her respective university directory. When evaluating the qualifications of an expert, courts tend to give greater deference those who have published extensively in the field related to the psychiatric concept in issue. Give it a try.

Nick

The impact an expert witness can have on the outcome of a trial cannot be understated. It is also readily apparent that the strategy behind the use of expert wintesses has become much more complex. Accordingly, Thomson West has published a new guide, entitled Expert Witnesses in Civil Trials: Effective Preparation and Presentation, 2007-2008 Edition, to help a practitioner wade through the new rules and procedures. According to Thomson West, the guide "offers a logical and straightforward approach to the use of substantive, technical, strategic, and tactical considerations for successfully using expert witnesses in all types of civil litigation."

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 post for further advice.

There are countless Internet guides. However, The Lawyer's Guide for Fact Finding on the Internet is specifically tailored to those practicing law. The book details:

"Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, and trial preparation, as well as company and medical research, gathering competitive intelligence, finding expert witnesses, and fact checking of all kinds."

While such tools may not provide the level of service and specificity that expert witness referral firms provide in conducting expert searches, they can certainly be of value, especially when vetting an expert or checking facts. 

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.

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."

            Rules require that expert witnesses are from your region.

"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.