It’s a common scenario: an attorney needs an expert witness, so they request a CV, a fee schedule, and perhaps a quick case review. What often doesn’t happen, however, is a thorough vetting of the expert themselves. And frankly, that’s a missed opportunity—one that could leave you blindsided in court.

I’ve worked with numerous legal teams, and the truth is, most attorneys don’t truly “vet” their experts beyond the surface-level credentials. While a solid CV is a good start, it only tells part of the story. To genuinely ensure your expert is the right fit and can withstand the pressures of litigation, you need to dig deeper.

So, how can you avoid unwelcome surprises?

• Request redacted reports: Seeing an expert’s past work, even with sensitive information removed, offers invaluable insight into their writing style, analytical approach, and how they structure their opinions.
• Talk to references: A direct conversation with other attorneys who have worked with the expert can reveal details about their responsiveness, reliability, and courtroom demeanor that a CV simply can’t.
• Ask the tough questions: Challenge your potential expert. Ask them directly, “How do you anticipate opposing counsel will try to attack your testimony on cross-examination?” A prepared expert will have considered these vulnerabilities and can articulate their defenses.
• Assess their communication style: One particularly astute attorney once asked to see my writing samples before retaining me. This foresight allowed them to confirm my communication style aligned with their needs, ensuring clarity and persuasiveness in future reports and testimony.