Attorneys, listen up: The most crucial step in securing a compelling expert witness often gets overlooked. Before you ever send over case materials or formally retain anyone, you must conduct a pre-engagement interview. And critically, this needs to be an “off-the-clock” conversation. This isn’t about billable hours; it’s about due diligence.

Why is this preliminary chat so vital? Because it’s your opportunity to gauge far more than just credentials. It’s a chance to see how an expert thinks on their feet, how they handle pressure, and ultimately, if they’re the right fit to represent your case’s medical or scientific truth.

Here’s what to ask, and more importantly, what to listen for:

• “Have you ever been sued, and for what reason?” This isn’t a trick question. Their response, and how they deliver it, can reveal a lot about their professional history and candor.
• “How do you anticipate your credibility might be challenged on cross-examination?” A seasoned expert has thought about their vulnerabilities and can articulate potential attacks and their rebuttals. If they’re flustered or dismissive, that’s a red flag.
• “Why do you do this work, and how much of their income does it represent?” Their motivation matters. Is it genuine interest in justice, or solely financial? A disproportionate income from expert work can be used to challenge bias.
• “On the spot, how do you define ‘standard of care’?” This fundamental concept should roll off their tongue with precision and clarity. A fumbled or vague answer signals a lack of fundamental understanding.