Building a Community: Engage with Other Expert Witnesses
By Noah Bolmer
While every expert witness niche has its own eccentricities, they all have significant common ground. In some fields, the same experts find themselves facing each other (or working together) consistently, while in others, you may never see the same person twice. Connecting with other expert witnesses to discuss strategy, network for opportunities, and form bonds is a worthwhile endeavor, whether casually online, at work lunches, or even during engagements.
As engineering expert Dr. Stephan Athan puts it:
I would encourage experts not to be an island amongst themselves and work with other folks. Don’t be afraid to reach out and ask questions. The worst thing that can happen is to say “no”. Learn as much as you can. [. . .] At the end of the day, I think the most effective experts—regardless of their credentials—knew how to play the game.
Engagements
Getting to know expert witnesses can occur naturally during engagements. In situations where you consistently work with—or against—the same group of people, a certain rapport is bound to establish itself. Law firms tend to use the same experts that they trust, according to securities expert Dr. Elliot Fishman, noting “I have seen some of the same names, time and time again. Cases that I have written expert reports on, or those I have been asked to look at—so there are a handful of large firms that seem to use a handful of people. It is a small universe for the big cases.”
Additionally, more niche industries have a smaller pool of experts. Art appraisal expert Lisa Barnes is in one such field, “I think in the art world [. . .] there are only about 1200 certified fine art appraisers in the US. We are a small group [and] many appraisers do not want to do expert work.”
On the other hand, connections can happen completely out of the blue. You never know who you might run into, according to sports management expert Professor Robert Romano, recalling:
It is an interesting story. I was involved in a trial where I was an expert on one side and my former professor was an expert on the other side. That was fun because you know, when he was up there, he was saying, ‘[. . .] I thought I taught him better than that.’ He said that in court. Anyway, he is a great guy, and I was kind of laughing about it. That is an interesting dynamic, having both of us, the teacher and the student, as experts made me proud, and I think it made him proud also.
In some cases, experts are brought together in teams during engagements. Telecommunications expert Keith Mallinson shares,
I’ve worked in collaboration with big teams of economists and suchlike, and it works in all kinds of different ways. For example, in one case I certainly could have done the financial analysis, but the client’s counsel liked the idea of separation between the damage expert or evaluation expert, and what I was doing. They felt it would be better tactically, in terms of the dynamics of depositions and cross-examination. [. . .] in some cases, I work with experts, and we have conference calls to discuss things. Sometimes that happens and sometimes it doesn’t.
Connecting with experts can lead to future engagements. Hydrology expert Dr. W. Richard Laton will bring in other experts that he knows when warranted. He states:
The first thing I do is introduce myself [to the attorney], and then ask them, “OK, what is the case about? What is your side of it? What are you thinking and where do you see you need help?” Then, I come, sit back, and listen. As [you] are listening, you can start to go, “Okay, I can help them” or “I can take part in that. I am not going to be able to do this other part, but it is okay—I have friends and other people who can do this other part.”
Professional Connections
Many successful expert witnesses have gotten their start, or even continuous leads and engagements through their work or professional acquaintances. Whether your colleagues are themselves expert witnesses, attorneys, or simply curious about expert work, the workplace can be a great place to connect. Meteorology expert Mike Favetta got his start through frequent phone calls from attorneys at his place of work:
Being a public figure in the local news sense, [many] attorneys would call the station [and] say, “Hey, I need a quick update”, “I need a quick report”, “Can you look up the weather on this date?” [or] “Was there ice at this intersection? I’m representing a client.” The phone call would initially come to the assignment desk, which is the heart of the newsroom, and then either a manager [would] intercede and say, “Whoa, whoa, whoa, put the brakes on. Our meteorologists can’t give away free weather information. There are legal issues.” [. . .] That’s how I entered [expert witnessing]— from the basic need and necessity of clients that were potentially out there.
Universities are great places to connect, as in academia, professors are frequently engaged as experts. Professor Marom Bikson became an expert witness through a colleague referral; a practice which he continues:
Another professor was contacted on a topic that he was not an expert, and he then deferred those lawyers to me, and that is something I have done to other colleagues now as well. It is a way to pay forward that referral and make sure that people who are reaching you are getting the best possible experts.
Trade Conferences
If your profession has trade shows or conferences, there are probably other expert witnesses in attendance. You can simultaneously stay abreast of the latest developments in your field while getting some face time with your colleagues. Once the event is over, you can exchange contact information to continue the conversation online.
IP expert Professor Michael Risch notes, “I go to conferences where my colleagues talk about their experiences, and we all share stories about the people we’ve talked to. It involves going to conferences where people in the industry [. . .] talk about what they do.” Crypto expert Paul Sibenik agrees, recommending, “[conferences are] something you need to [do] if you’re involved in cryptocurrency. It’s an ever-evolving space so, just try to keep up to date with what is going on and stay active, and that can help you a bit.”
Online Connections
While the lowest barrier expert witness connection is through the Internet, experts must remain vigilant. When chatting with anonymous or pseudo-anonymous individuals, take everything with a grain of salt, and always confirm with an attorney.
An exploration of the various social networks yielded a number of expert groups, ranging from a couple dozen members, to over ten thousand. Unfortunately, the public groups across social media seem to be used primarily for advertising and did not contain a lot of active discussion. Remember, any public posts may be discoverable, depending upon the laws of your venue, so always post cautiously if you choose to engage. Anonymous message boards such as Reddit do have more active discussion, especially in fora dedicated to a specific field of practice, rather than expert witnessing generally.
Additionally, private groups, particularly on LinkedIn may have more active discussions, so consider asking a moderator for access, or starting your own. While private groups are typically not indexed by search engines or visible to non-members, always post as though your discussions are public, because they may end up visible at some point. Private chats outside of social media, or real time get-togethers on Zoom are additional options to connect over the Internet.
Conclusion
Stay in touch with other experts at work, during events, and even through engagements. While good old-fashioned networking is still the best way to make connections, experts can maintain those relationships online. Well-connected expert witnesses have more opportunities, and having a supportive, knowledgeable network of peers is a valuable asset.
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!