Be Picky! Stay in Your Lane

By Noah Bolmer

At first glance, working only within your immediate area of expertise seems like a simple—even obvious—instruction. Nevertheless, “stay in your lane” is one of the most common pieces of advice given by experienced experts on our podcast, Engaging Experts.  

What seems simple at first becomes blurry around the edges. How broad is my expertise? Am I still an expert in this dynamic field? Should I accept a case that I’m unsure of my qualifications for? Let’s unpack some of these considerations.  

Rules of Expertise 

While each jurisdiction has its own specific rules with regard to expert witnesses, in general, they follow Federal Rule of Evidence 702. In practice, the standards are subject to review through Daubert hearings, where the opponent will ask the court to exclude portions of expert testimony—or experts entirely—from the case. Once challenged, it is the burden of your engaging attorney to show that you are qualified to render an opinion.  

Surviving a Daubert hearing means that the court is convinced that you have the expertise required to give an opinion. From that moment on, it is crucial that you remain in your proverbial lane. Gender equality expert Dr. Russell Froman notes that when intimidated, experts can leverage this to remain calm and confident:  

It is intimidating. Preparation and confidence help, but it is still rough because you do not know what angle a person is approaching you. Some people are friendly when conversing and interacting with an expert. Others are intentionally intimidating and antagonistic. Not knowing [which] is intimidating, and you have to settle in and take deep breaths. Take a pause in what you have to say and take comfort in knowing it is not about winning; it’s about communicating what is being asked. If you stay in your lane of knowledge [. . .] It helps you stay grounded in that process. It lessens the impact of intimidation. 

Evaluate your Expertise 

Developing a well-defined, narrow expertise is one way to make sure that you are right for an engagement. Accounting expert David Gannaway explains, “I think it is better to stay in your particular niche. So, you have years of experience and are not questioned about being pre-qualified or qualified in the court you are preparing and submitting an expert witness report to, or testify for during the hearing. I think for me it is staying within that area of expertise.” 

Another strategy is publishing in your field. This establishes you as an expert, particularly when your writings are cited by other experts. Crisis management expert Jonathan Bernstein recalls:  

I published a textbook from McGraw Hill: Manager’s Guide to Crisis Management, and I also published the media training manual called Keeping the Wolves at Bay […] If you want to be an expert, write a book. Then you are an expert. For better or for worse, that is the way the public sees it. So, if you have written a book on a subject—particularly a fairly niche subject—or have written a thousand blog posts on it, you are an expert on that subject. 

Additionally, staying active in your field, teaching, or both, can help you determine which engagements are appropriate. Whether you are an engineer, a doctor, or a consultant; your day-to-day work can serve as a template for the types of actions which are firmly in your wheelhouse. Oil and gas expert Dan Arthur both attends and teaches online conferences and webinars, stating, “I do a lot of continuing education. I go to conferences—but I also do many webinars and online courses. This year I have probably done maybe 30 or 40 webinars for other people.”  

Keeping Current 

To stretch the driving metaphor, staying in your lane means not taking an offramp. Some fields are very dynamic, and it is crucial to maintain your expertise, or you may find that you are no longer an expert. Moreover, staying current means learning, which may expand your niche and therefore opportunities. Computer science expert Dr. Chuck Easttom never stops learning:  

What it means to be an expert—the actual courts have ruled that it is essentially someone [whose] training or experience can provide understanding to the trial affect the judge or jury. You have more knowledge than an average person. However, I take it to a higher level. If I hire a mechanic, I assume they are an expert in my model of car and they can take care of business. So, I feel that is what an expert should provide in court cases. The way I maintain that is, and I am just a tad bit obsessive-compulsive—I am always learning something new. 

Psychology expert Dr. Alice Berkowitz concurs, but also keeps learning out of pure enjoyment, noting “I love my clinical practice, but there was something fun about being an expert. The law always interested me—seeing how that works—and learning as much as I could to be the best expert I could be.”  

Saying No 

Although attorneys do their best to vet potential experts before offering them an engagement, it is ultimately the duty of the expert to accept only those engagements to which they are well-suited. Insurance expert Kevin Quinley recommends, “Stay in your swim lane—and by swim lane I mean your subject matter expertise because it gets dangerous and does the client no favors, does the law firm no favors, and does you no favors as the credibility for your future engagement if you venture outside an area that is external to your core expertise.” 

If you are not fully confident that the four corners of the engagement match your expertise, it is better to turn it down, than risk damaging your reputation. Meteorology expert, Mike Favetta, states, “You [must] know your limits and one of the precedents for obtaining [certification] is staying within your limits, in terms [of] your expertise. Don’t try to guess. Don’t try to theorize what it could be. Seek out the help of another expert [. . .] in that specific field, should it come to that. Staying in your lane is probably the most important thing.” 

While it can be challenging for newer experts to say ‘no’ to a potential engagement, attorneys deeply respect candid, truthful responses, and are more likely to contact you when they need an expert in your specific niche. Moreover, if you find yourself turning down opportunities for a particular type of action, it means that you are in demand, and it may be time to expand your expertise in that area. 

Experts who stay in their lane can confidently and authoritatively carry out an engagement. By defining your expert niche, staying current in your field, and rejecting engagements where you are not a great fit, you maintain your credibility and the confidence of engaging attorneys.  

Interested in being considered for expert witness opportunities? Consider signing up with Round Table Group! For over 30 years, we have been helping litigators locate, evaluate, and employ only the most qualified expert witnesses. Contact us at 202-908-4500 for more information or sign up now!