By Bruce Lewis, Payne Consulting Group

An expert witness is a "person with particular expertise in a field, by virtue of skill, training, or experience, who may testify in the form of opinions." Attorneys and law firms use expert witnesses in cases that require the testimony of a skilled professional or specialist to defend or disprove the merits of a particular position in civil and criminal litigation.

Medical specialists, forensic experts, financial professionals, and even government officials are just a few examples of the many different types of expert witnesses who can be called upon to provide skilled testimony in court cases.

Finding expert witnesses

The right expert witness can often help in cases where it is necessary to convince a jury or judge on the accuracy, or lack thereof, of specific evidence — resulting in a desired verdict.

Internet resources

Of the various resources available for locating expert witnesses, the Internet is perhaps the most accessible and efficient. Simply typing the words expert witness into any search engine will likely generate hundreds, if not thousands, of results.

Several legal-specific Web sites also offer support. For example:

• LexisNexis contains an entire research system dedicated to locating expert witnesses or helping to conduct research on an opposing party's expert.
• JurisPro provides information on locating expert witnesses in over 100 different fields — ranging from aviation and aerospace to weather and meteorology.

Professional referrals

Although the Internet can be a useful tool to help assist in the search for an expert witness, a professional referral is often the best way to find just the right person. This is especially true in larger law firms that specialize in, or have, large litigation practices. Often, a colleague can recommend an expert witness who has previously provided testimony in a similar case.

An in-house referral helps to immediately establish the credibility of the expert witness in the mind of the attorney who must depend on him or her for accurate testimony. An in-house referral also helps to greatly reduce, or even eliminate, the amount of time that you might spend conducting research by using the Internet or some other third-party source.

Keeping track of expert witnesses

For attorneys and law firms that regularly rely on expert witnesses, the ability to track, organize, and maintain an up-to-date list of expert witnesses is imperative. When you identify and use an expert witness, store the expert witness's contact information in a location accessible by other members of the firm.

You can store your expert witness list in a variety of formats, from database to spreadsheet to an accessible e-mail folder. The most important thing is to maintain the information and store it in a secure, searchable location.

Be specific

As you build your repository of expert witness data, include specific details related to the expert witness's area of expertise, case history, and other relevant information. It's also important to add known negative information. For example, has the jurisdictional licensing board reviewed or disciplined the expert witness? You cannot afford any surprises with respect to the integrity of your expert witness, so being aware and keeping track of this type of information is critical.

Make it searchable

The data gathered for each expert witness must be searchable by fields such as the expert's name, location, expertise, history, and fees. Microsoft Office Outlook® 2003, Microsoft Office Excel 2003, and Microsoft Office Access 2003 can all work well for this kind of data.

• Use an Outlook public folder shared with others within the firm.
• Use an Excel workbook that you post to your company intranet.
• Use an Access database to create reports and queries that make viewing and searching the data easier.

Information where you need it

Law firms that specialize primarily in litigation often have information on hundreds, or even thousands, of expert witnesses. Without the proper organizational structure, finding the best expert for a specific case can end up being akin to looking for a needle in a haystack.

More information

• About Access databases
• About public folders
• About shared workbooks

About the author   Bruce Lewis is Vice President of Publishing for Payne Consulting Group, a software training and development company headquartered in Seattle, Washington.