What skills, qualifications, or attributes make you attractive to an attorney seeking an expert witness?
Well, first and foremost is your education and training. Do you have skills? Are you qualified in a particular area? What is the level of your expertise? And, in addition to that, you have to be able to articulate your opinions, you have to be able to speak well and go to court when necessary. You have to be able to write well in terms of writing up a report. You need to be able to analyze information, just like they do on CSI or other kinds of forensic shows on television. You need to be able to look through a whole bunch of information and see what is legitimate and what isn’t, and formulate an opinion and be prepared to express your opinion in writing – and in court, if necessary.
What are some ways to market your services as an expert witness?
Most expert witnesses start by developing a Web page, and developing a niche. A niche being a small area of expertise that is very, very narrow, in which they can dominate a certain market. After they have a web presence, then a lot of experts utilize expert witness directories. SEAK has one and there are three of four other excellent expert witness directories. And by contacting attorneys, insurance companies and so forth who would generally hire experts to testify for them.
Is it important to compile a comprehensive list of references and recommendations?
I don’t think so, actually. I think it’s much more important to be qualified, to understand the necessary items to do a good and thorough job, to have a very good resume or curriculum vitae, or CV as they’re called in the industry, and to be able to speak in an articulate fashion with the attorney when he or she calls you about your particular area of expertise. The attorney will usually call the expert to talk to the expert to see if they can “rock and roll,” at least on the telephone, to see if they understand the issues. While having references certainly can’t hurt, the attorney probably will make that decision by talking to you and/or if it’s a significant case, meeting with you in person.
What kind of hourly rates do expert witnesses typically charge?
Expert witnesses can charge a significant amount of money depending on the area of expertise. They can go from a civil engineer or let’s say an arborist, a tree expert, might charge $100-150 an hour. High powered medical experts, economists and other people charge $400-500 dollars an hour, and I’ve seen at least a few people who charge $1,000 an hour. And that’s because they have a national reputation, and are in tremendous demand, and also because they’re involved in high-stakes litigation. So if you’re a lawyer and you’re litigating a case which involves, let’s just take $100 million, it’s not that important how much the expert charges, because you need to win the case. So they don’t care if the expert charges $10,000 or $50,000. If, on the other hand you’re involved in damage to a tree and the whole case is worth $5,000, then the expert can’t charge that much.
Should a new expert witness charge lower fees to compete for business?
No, actually. It’s counterintuitive. Most experts figure that they will charge a small amount because that’s the way normally it is done in business to compete with other businesses, so if Apple charges $1.99 or whatever they charge to download a song, then Wal-Mart will go in there and charge $1.79. This is not that kind of a business. This is a kind of a business that’s built on reputation, integrity, credibility and expertise. And actually the experts that charge too little are looked down upon. The example that I give is if, God forbid, you or a member of your family needed open heart surgery would you go to try to locate the cheapest open heart surgeon you could find? Would you go to an open heart surgeon that advertised on the side of buses that says, “I do open heart surgery for $1,200?” The answer would be no, because you wouldn’t trust them and you’d be afraid to use them. It’s the same thing for experts. The experts that charge too little will probably not be hired because the attorneys know that they don’t know what they’re doing.
In addition to hourly fees, is it customary for your out-of-pocket expenses to be reimbursed, such as food and lodging and travel?
Yes, most experts are reimbursed. Most experts should have some kind of a retainer or written contract with the attorney, and it should provide in there that if you have any out-of-pocket expenses, the attorney should reimburse you. Whether that be for FedExing, copying, overnight things, travel, telephone calls and lodging or whatever. As long as the attorneys know that they’re going to be charged for it and as long as the experts don’t abuse it. If people ask for a $500 dinner, they’re not going to be overly happy. If you go to get a sub and you charge them $10 or $12 for dinner or $15 if you go to a chain restaurant, they’re not going to complain about that.
Getting Started as an Expert Witness - Interview with Steven Babitsky, Esq. - Part 1
Getting Started as an Expert Witness, Interview with Steven Babitsky, Esq. - Part 1
Steven Babitsky, Esq., President of SEAK, Inc. shares tips about becoming an expert witness and advice on how to start an expert witness business. He covers expert witness marketing, qualifications, income potential, and more.
Tell us a little bit about your background.
Well, I was a personal injury lawyer for 20 years, and I enjoyed doing that. And after retiring from being a personal injury lawyer, I started SEAK, which stands for Steven, Ellen (my late wife), Alex (my son who works in the business) and Karen (who works in the business). We do conferences and seminars and publish books, a lot of which have to do with expert witness testimony. We do 30-50 conferences a year, as well.
How are expert witnesses used by attorneys?
Attorneys retain expert witnesses to evaluate claims, to see if they have a valid claim, to write a report, which would be used to settle or adjust cases, to form an opinion in a case, to see if their claim is a viable claim, and to testify at deposition, and/or in court to express their opinions when cases are tried or litigated.
What qualifies someone to be an expert witness?
The law says that you can be qualified by various methods. Most people think that, for example, you have to be a doctor, or an accountant or something like that. But the law says that you can be qualified if you have the education, training, or experience. And it’s in the alternative, so that any one of the three is sufficient. So you can be a doctor and be qualified to testify about medical issues, you can be an accountant and testify about financial issues, you also could be a car mechanic to talk about mechanical auto issues. Even though the car mechanic doesn’t have further education, his experience would qualify him to be an expert. And there are hundreds of different fields of expertise which people could be an expert in.
So you could be in a trade such as carpentry, or be a nurse, or real estate agent, and conceivably start an expert witness service?
Yes, I mean it will depend. The amount of business you would get would depend on your qualifications and the amount of litigation in a certain area that would require your testimony. So, for example, a doctor – an orthopedic surgeon – would get a lot of business because a lot of people who go to orthopedic surgeons eventually file lawsuits for car accidents and stuff of that nature. If you’re an aviation person and there is an aviation issue or an air crash or something, you could go into that. There are dozens and dozens or hundreds of different areas of expertise, maybe more than that. You could be in law enforcement, you could be a mechanical engineer, you could be a civil engineer, you could be a nurse, you could be a CPA, you could be a construction person, you could be any one of hundreds and hundreds of different areas of expertise. And some will generate more business than others because there’s more litigation. Generally speaking the more litigation, the more there is a need for expert testimony.
Steven Babitsky, Esq., President of SEAK, Inc. shares tips about becoming an expert witness and advice on how to start an expert witness business. He covers expert witness marketing, qualifications, income potential, and more.
Tell us a little bit about your background.
Well, I was a personal injury lawyer for 20 years, and I enjoyed doing that. And after retiring from being a personal injury lawyer, I started SEAK, which stands for Steven, Ellen (my late wife), Alex (my son who works in the business) and Karen (who works in the business). We do conferences and seminars and publish books, a lot of which have to do with expert witness testimony. We do 30-50 conferences a year, as well.
How are expert witnesses used by attorneys?
Attorneys retain expert witnesses to evaluate claims, to see if they have a valid claim, to write a report, which would be used to settle or adjust cases, to form an opinion in a case, to see if their claim is a viable claim, and to testify at deposition, and/or in court to express their opinions when cases are tried or litigated.
What qualifies someone to be an expert witness?
The law says that you can be qualified by various methods. Most people think that, for example, you have to be a doctor, or an accountant or something like that. But the law says that you can be qualified if you have the education, training, or experience. And it’s in the alternative, so that any one of the three is sufficient. So you can be a doctor and be qualified to testify about medical issues, you can be an accountant and testify about financial issues, you also could be a car mechanic to talk about mechanical auto issues. Even though the car mechanic doesn’t have further education, his experience would qualify him to be an expert. And there are hundreds of different fields of expertise which people could be an expert in.
So you could be in a trade such as carpentry, or be a nurse, or real estate agent, and conceivably start an expert witness service?
Yes, I mean it will depend. The amount of business you would get would depend on your qualifications and the amount of litigation in a certain area that would require your testimony. So, for example, a doctor – an orthopedic surgeon – would get a lot of business because a lot of people who go to orthopedic surgeons eventually file lawsuits for car accidents and stuff of that nature. If you’re an aviation person and there is an aviation issue or an air crash or something, you could go into that. There are dozens and dozens or hundreds of different areas of expertise, maybe more than that. You could be in law enforcement, you could be a mechanical engineer, you could be a civil engineer, you could be a nurse, you could be a CPA, you could be a construction person, you could be any one of hundreds and hundreds of different areas of expertise. And some will generate more business than others because there’s more litigation. Generally speaking the more litigation, the more there is a need for expert testimony.
Expert Witness admits lying on resume
One of the prosecution's key witnesses in the trial of three people charged with conspiring to defraud Owsley Brown Frazier and his International History Museum was forced to admit yesterday that he had fabricated part of his resume.
Appraiser C.W. Slagle, presented by the government as an expert witness, acknowledged that he had falsely described himself as a graduate in civil engineering from the University of Illinois.
In response to questioning, Slagle claimed he attended the university though he didn't finish -- but an attorney for one of the defendants showed the jury letters from the university saying there was no record that he'd ever enrolled.
The government claims that Slagle's appraisals show that defendant Michael Salisbury overpriced weapons he acquired for Frazier and that another defendant, antique weapon expert R.L. Wilson, inflated their value when he and Salisbury appraised them.
But Wilson's lawyer, Laura Wyrosdick, a federal public defender, attacked Slagle's credibility by showing he had violated standards requiring appraisers to be truthful and honest by lying on his resume and by failing to fully research the history of weapons that he valued.
Appraiser C.W. Slagle, presented by the government as an expert witness, acknowledged that he had falsely described himself as a graduate in civil engineering from the University of Illinois.
In response to questioning, Slagle claimed he attended the university though he didn't finish -- but an attorney for one of the defendants showed the jury letters from the university saying there was no record that he'd ever enrolled.
The government claims that Slagle's appraisals show that defendant Michael Salisbury overpriced weapons he acquired for Frazier and that another defendant, antique weapon expert R.L. Wilson, inflated their value when he and Salisbury appraised them.
But Wilson's lawyer, Laura Wyrosdick, a federal public defender, attacked Slagle's credibility by showing he had violated standards requiring appraisers to be truthful and honest by lying on his resume and by failing to fully research the history of weapons that he valued.
National Legal Fiction Writing Competition for Lawyers - SEAK, Inc.
SEAK, Inc. is proud to be sponsoring the 7th Annual National Legal Fiction Writing Competition for Lawyers. The purpose of the competition is to encourage lawyers to become more interested in and skillful at writing legal fiction.
Click here for additional information and the competition rules for SEAK’s 2008 Competition.
This competition is in its 7th year, is very popular with attorneys and features a $1,000 cash prize for the winner.
There is no fee to enter in this competition.
P.S. Our Advanced Fiction Writing with Personal Attention workshop is being held April 5-6, 2008 (Saturday-Sunday), in Chicago. This workshop is limited to 36 attendees. This is an advanced writing program conducted in an intimate group setting. It is designed to give you the personalized attention and knowledge needed to help you break through and get published.
Click here for additional information and the competition rules for SEAK’s 2008 Competition.
This competition is in its 7th year, is very popular with attorneys and features a $1,000 cash prize for the winner.
There is no fee to enter in this competition.
P.S. Our Advanced Fiction Writing with Personal Attention workshop is being held April 5-6, 2008 (Saturday-Sunday), in Chicago. This workshop is limited to 36 attendees. This is an advanced writing program conducted in an intimate group setting. It is designed to give you the personalized attention and knowledge needed to help you break through and get published.
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