HOW TO KEEP COSTS DOWN WHEN WORKING WITH EXPERT WITNESSES

Timing, planning, and clear communication can go a long way toward minimizing the cost of engaging consulting and testifying experts. Here are some suggestions that could make a significant difference to you and your clients.

Start looking early . Give yourself sufficient time to conduct a thorough search for experts who match your criteria, including knowledge, experience, education, and location. You will have a much better chance of finding experts who are qualified, do not have conflicts of interest, have not been approached by your adversary, and will be available when needed.

Early case evaluation can be very cost-effective because it provides opportunity for experts to advise you about the technical strengths and weaknesses of a case at the outset -- before you've invested time and money. At that stage, bolstered by expert opinion, you might decide to proceed, to settle, or to decline a case.

Education. If the case involves complicated technical terms or issues that are unfamiliar to you, consider whether it might ultimately be more efficient and cost-effective to educate yourself or to engage a consulting expert to teach you what you need to know.

Explain your strategy in detail. At the earliest opportunity, provide sufficient case information and materials to experts you are considering so they can determine if they have the precise expertise you require and can comfortably support your position. Sending organized files will cut down on the time it takes experts to review them. It's a good idea to ask whether you will be billed for the time it takes to review your materials. If the time will be considered billable, ask experts to provide estimates when they receive the materials. This will help to avoid unpleasant surprises that could have a negative impact on your working relationship.

Do your homework. Screening each expert carefully helps to avoid false starts, wasted time, disappointments, and the annoyance of having to start the search process over again. An objective, ethical expert will not be reluctant to answer your questions candidly. Assume nothing.

• Take the time to interview all candidates. This is your opportunity to gauge the chemistry between you, assess how articulate they are, and determine how effective they would likely be on the witness stand.
• Go over experts' CVs in depth. Look at what is there, and what might be missing. Ask them for references from previous clients, and follow up on them.
• Look into experts' Daubert histories, and ask about any outcomes that concern you.
• Read experts' reports and publications to learn how they organize their thoughts and how well they communicate. You may also learn whether they have gone on record with statements that could prove damaging to your case.

Communicate about costs and your expectations. If you have a budget for experts' services, it is wise to disclose it at the outset. If you want to restrict the amount of time or expense for a specific phase of work, or for the entire engagement, ask for a detailed estimate. Experts appreciate knowing the parameters, and this conversation can help avoid disagreements later on.

Don't hesitate to ask experts important questions like these:

• What services are billable?
• When does the meter start running?
• Is there a charge for initial, in-person interviews?
• Are fees on an hourly, daily, or project basis?
• Do you require a minimum number of hours?
• Are any fees required in advance? If so, are any advances refundable if experts use less time than estimated?
• Are there different rates for deposition and court?
• What costs might be associated with travel time, laboratory testing, etc.? Some experts add a surcharge for out-of-pocket expenses. You might save money by paying these expenses directly.

Communicate about scheduling. Notify experts of any deadlines so they can check their calendars. Experts charge for time they set aside, so if you learn that a scheduled meeting, inspection, deposition, court appearance, etc. will be postponed or cancelled, notify them immediately to avoid being billed for this time. Similarly, let them know if a case settles so that no further billable work will be done.

[ By Carol Gayman Stein, Vice President of The TASA Group, Inc. Founded in 1961, The TASA Group, Inc. provides technical and medical experts, expert witnesses, and consultants in more than 10,000 categories to law and insurance firms nationwide. This article may not be reproduced without permission of The TASA Group. ]