Getting Started as an Expert Witness - Interview with Steven Babitsky, Esq. - Part 4

Talk a little bit about the process of cross-examination. What techniques can expert witnesses use to survive it?
I think the most important thing is that they have to know their field. They shouldn’t underestimate the power of the attorneys and their expertise, nor should they underestimate them in finding out information. So the expert has to be honest and truthful. If they are honest and truthful, they’re much less vulnerable to cross examination. In addition, they have to stay within their true area of expertise, and not get involved in tangential issues which will drag them, make them much more vulnerable to cross examination. Doing a high quality job, following a protocol, following a procedure, doing high-quality work, writing good reports, proofreading them, being prepared by retaining counsel, all are ways of surviving and thriving during cross examination. And the other thing is that you have to be a kind of a person that can “rock-and-roll” with adversity. If you’re the kind of person that if somebody asks you a difficult question you have an anxiety attack, this is not the line of work for you because there’ll be a lot of questions asked, and that’s part of the litigation process. It’s an adversarial proceeding in which lawyers will ask hard and difficult questions to help win their case. And the people that do the best are the most qualified and aren’t intimidated easily by difficult questions and answer them as best they can and move on.

What are the biggest mistakes you see people make when getting started as an expert witness?
Usually they don’t get involved in any training. They don’t read any books, they usually have a very poor idea of what they should be doing, and then they make some basic mistakes. For example, doing shoddy work and getting involved in cases they shouldn’t be getting involved in. Most of the times the new experts don’t get retainer agreements, they don’t get paid up front, they don’t get paid at all, they charge too little, they do things that they wouldn’t be proud of later on. And unfortunately a lot of these mistakes become part of their permanent record, so that even though they learn from their mistakes, it’s now difficult to “un-ring the bell.” So my recommendation to these people is that before they run off and start becoming an expert, that they get some training, read some books, learn from people about what they need to do before they open up shop. It would be the equivalent of a person who’s an engineer starting up an engineering practice before he got any training. Or an orthopedic surgeon without any training. You wouldn’t do too well. Well, it’s the same thing with being an expert witness. Getting the training, getting the experience, learning something about your field, reading, researching what you’re going to be doing, learning the forms, and so on and so forth can be very invaluable. Getting a couple of books may cost a few hundred dollars, but can save you thousands and thousands of dollars, and can help build a long and successful career.

Any other advice for someone considering getting starting as an expert witness?
I think that people should think about if they’re suited to this kind of work, if they enjoy confrontation, and if they’re not afraid of confrontation. I think the experts need to be intellectually curious. If you’re the kind of person that’s intellectually curious, you like to solve problems, you like to look at complex situations and try to simplify them, you like to come up with solutions, you are articulate, you enjoy working in a fast-paced environment, then I think you might enjoy being an expert witness.