Are You Ready to Be An Expert Witness?

Judd Robbins did not get into computers to become an expert witness.

He has advanced degrees from UC Berkeley and the University of Michigan, has been an Information Systems manager and an Education Systems manager, and currently runs his own consulting and training company. However, since he began testifying as an expert witness in 1986, he has turned it into a reliable revenue stream for his consultancy, and he thinks just about anyone with an expertise in their field can do the same.

"The fact is, judges and juries aren't fond of ‘professional' expert witnesses, who go from trial to trial as their primary means of support," said Robbins, author of Expert Witness Training from Presentation Dynamics (www.expert-witnesses.net). "But they do like working professionals who have an expertise in their fields, who maintain their day jobs, but who also know and understand the legal process. People with that knowledge can earn additional income if they know how to apply that knowledge to address the needs of attorneys and their clients."

Robbins advises professionals who want to get into the expert witness field that they need to become familiar with the three primary ways expert witnesses work with attorneys:

• Investigation -- As an expert witness, you study the technical details of materials, accident or other events. You might run tests, create reconstructions, or research books and journals for writings on the same subject matter as your case. Afterward, you consolidate your research, analyze your findings and draw conclusions from them. Your primary role in the beginning stage of an investigation is to learn the technical facts of the case and to explain to your retaining attorney the application of those facts. This, in turn, will guide your retaining attorney.

• Assessment -- Attorneys will sometimes hire you to assess the technical merits of either or both side's claims. You may review their submissions, but you may also research beyond that material to shine more light on the topics important to your client attorney. You then make an objective assessment about the potential strengths or weaknesses of those claims, giving your client the ability to use that information to either prove their case or disprove their opponent's case.

• Opinions -- In some cases, you will then use the information from the assessment stage to form an opinion, and then you will be called upon to deliver that opinion in court on the witness stand or in a recorded deposition. In many more instances, however, your work will take place entirely behind the scenes as an expert who never testifies. Both roles are critical for attorneys as they prepare to either settle a case or go to court.

"There is no magic wand that you can wave that will make you an expert witness," Robbins said. "But if you have a professional expertise in your field, with the proper training, you could become a vital technical consultant for attorneys around the country."