How to find the expert that is right for your case

Daily Record and the Kansas City Daily News-Press, Nov 5, 2004 by Jane Pribeck

The other side produces 500,000 documents in Japanese. Translation costs alone will be millions. Do you give all the documents to your expert to muddle through them at a cost of several hundred dollars per hour? Sure, it might be better from a credibility standpoint to let the expert have at it without any guidance. But can your client afford it?

Clearly, experts' costs are a huge factor in litigation, and attorneys serve a critical role in controlling them.

It's incumbent upon you as the attorney, the intermediary between the client and the expert, to see that the client receives a good value from the expert. It's one of the ways we make ourselves valuable to our clients, observes Minneapolis attorney Jan M. Conlin.

The first step toward fulfilling that obligation is to find the best expert. Sometimes a great expert will be quite reasonably priced, and unfortunately, occasionally the opposite holds true. Sorting them out isn't easy. Further, there appear to be many more experts for hire these days, and, like lawyers, they've heard about marketing.

There are so many experts out there now, they're trying to sell themselves to you, points out Minneapolis litigator J. David Jackson.

The second step is to work with the expert in ways that will save the client money, while getting what you need from him or her for the case to succeed.

Minnesota Lawyer, a sister publication of The Daily Record, talked to several veteran litigators, as well as an expert placement specialist - all truly experts on experts. We asked for their ideas on how to (cost) efficiently use experts. The result is this two- part series. This week, we'll look at how to identify an effective expert, and next week, we'll probe how to work with him or her with an eye toward saving the client's money.

Finding the expert. Educate yourself. Attorney Maury D. Beaulier of Eden Prairie advises before choosing an expert to research fully the issue as well as the prospective area of expertise. Only by understanding the case and the issues it presents, in the context of the expert's field, can you intelligently discuss them with potential experts and make a proper expert selection.

Match the size of the case to the expert. Knowing the value of your case and hiring the expert with that in mind is critical, says Minnetonka plaintiffs' personal injury lawyer T. Joseph Crumley. There are a lot of people out there, especially small firms, trying to get by on the cheap. But sometimes you just have to spend money to make money, and it's no coincidence that some of the most expensive experts are also the very best, he said.

In an automobile accident case where a plaintiff strained his or her neck versus one in which the plaintiff was severely injured, the underlying liability facts are probably fairly similar, he says. But when millions are on the line, as for the severely injured plaintiff, it might behoove you to pay a little extra for the top expert.

Use your imagination. Crumley speaks of a slip-and-fall file where his client fell in some oil spilled in a parking structure. Coverage turned on whether the oil was fresh or whether it was just an oil drip. The expert who carried the day was an extremely reasonably priced mechanic - someone who literally had grease under his fingernails - and not a high-priced scientist.

On a similar note, he says that he has found chiropractors to be very strong witnesses, usually for reasonable fees. While there might be a long-standing debate over the merits of chiropractors among traditional medical providers and the legal community, the fact is because most chiropractors are used to encountering a little initial skepticism, they're great teachers who do well before a jury.

Consider if you really need an expert. Sometimes lawyers hire superfluous experts, according to Crumley. For example, in Minnesota, almost every auto accident involving a death is investigated by the state patrol's own accident reconstructionists. Lawyers can obtain copies of their reports and consider hiring them or at least use the information to eliminate some of the work that a subsequent reconstructionist might have to do. He adds that sometimes the other side's expert can give you what you need during cross-examination, and it doesn't cost you a dime.

Start looking early. Give yourself time to conduct a proper search, says Carol Gayman Stein, the vice-president of Technical Advisory Service for Attorneys, located in suburban Philadelphia.

'Time is money' especially applies here, she observes. You have a better chance of finding someone who is well qualified, does not have a conflict, is available when needed and has not already been approached by another party.

Talk to other lawyers. Colleagues are more than happy to fill you in on who's knowledgeable and articulate, first and foremost, but also who will slam you with an exorbitant bill. Have these conversations frequently, Crumley advises, because experts can change. Someone might be a fabulous witness initially but later starts to get sloppy, or vice versa.