{"id":905176,"date":"2025-12-18T14:46:23","date_gmt":"2025-12-18T21:46:23","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=905176"},"modified":"2025-12-18T14:46:27","modified_gmt":"2025-12-18T21:46:27","slug":"expert-witness-choosing-best-candidate","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/expert-witness-choosing-best-candidate\/","title":{"rendered":"Finding an Expert Witness (Part 2): Best Practices for Choosing the Best Candidate"},"content":{"rendered":"\n

Kim Beane | Womble Bond Dickinson<\/a><\/p>\n\n\n\n

Once you\u2019ve done the mental legwork and have candidates to consider as an expert witness<\/a>, how do you choose the best one? Several considerations may influence your final choice. \u00a0Verifying licensure, education, and employment history is essential, but other factors that may significantly influence jurors and judges must also be assessed.<\/p>\n\n\n\n

Prior Expert Witness Litigation Work<\/h4>\n\n\n\n
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Experience<\/strong><\/p>\n\n\n\n

Most attorneys prefer experts to have some <\/em>litigation experience under their belts, but there is no \u201cjust right\u201d amount.  An expert with decades of experience in hundreds of cases may be seen as a \u201chired gun\u201d who will say whatever the hiring attorneys want her to say. Conversely, experts with minimal experience may lack familiarity with deposition or courtroom protocols or lack appreciation of the tactics employed by opposing attorneys, leading to damaging admissions, responses beyond the scope of the questions, and testimony outside the witness\u2019 expertise. And finally, make sure your expert understands the \u201clay of the land\u201d with the timing and pace of trials. The judge determines the schedule, and an expert who cannot be reasonably flexible to rearrange her calendar if needed will not be of use.<\/p>\n<\/blockquote>\n\n\n\n

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Retention<\/strong><\/p>\n\n\n\n

For experts who have a history of consulting and testifying, a propensity to work only for the plaintiff or only the defense may be construed as biased. An expert who has worked on cases for both sides, however, even if it\u2019s one side more than the other, may eliminate the bias perception.<\/p>\n<\/blockquote>\n\n\n\n

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Income \/ Compensation<\/strong><\/p>\n\n\n\n

Expert witnesses frequently command substantial hourly fees, sometimes in the neighborhood of $1,000 per hour, and juries may perceive rates in the higher ranges as attempts to take financial advantage of the legal system.<\/p>\n\n\n\n