Far too often, the person contacting you will describe elements of the case, then ask you “what you think” or whether “you’re interested in the case.” At that point, neither one of you knows the answer so you should not try to provide one. Both parties need to ask extra questions before you agree to take on a case and/or they agree to engage you. One good question that rarely gets asked is “what are you trying to accomplish and how can I help you?” It may surprise you how much you can help once you know the attorney’s legal goals.
Attorneys always ask about possible conflicts of interest. Any pre-existing relationship with a person, persons, or firm involved in a case constitutes a conflict of interest. This kind of conflict, and conflicts of time, are often unfortunate reasons you are not able to take a case.
Make sure you ask about any known scheduling for the case:
* Are there firm dates?
* Are they flexible?
* Are there dates for the close of discovery?
* Are depositions already underway or scheduled?
* Is there a trial date?
* What is the projected duration of the trial?
The job of an expert witness is a demanding and occasional grueling exercise. Ideally, you want to take on cases that are satisfying and rewarding. If you like your expert witness work, you will have your heart in it and you will be a better witness.
The biggest and first reason you should reject a case is if, in good conscience, you do not think that you are qualified. You may not believe that you have the necessary expertise and skills to do the investigation, analysis, or tests for the case. Since you will eventually have to defend any opinions you form from your work, you should be confident that you have the right credentials and skills for doing that work. On the other hand, you just might not like the sound of the attorney on the other end of the line. You might not like his attitude, or you might conclude a lack of professionalism in his approach to the case.
I once had an attorney call me with one month notice to ask me to undertake the entire investigation, analysis, and writing of the report. A month may sound reasonable, but on further questioning I discovered that the opposing counsel had selected their expert a year earlier and the expert had been working on the report for nearly 9 months before finally final it. Needless to say, I would not have been able to do as competent a job within a month. If you do not have the time to do the job properly, you will suffer when you are unable to present a credible expert analysis or a defensible expert testimony.
Do not accept a case with a timeline so tight that you will not have time to do the job right.
You may reject a case if you truly have ethical or moral issues with it. I know expert witnesses who do not accept any defense cases having to do with child pornography. Some expert witness’s certifying organizations forbid members from taking on any defense cases. Some expert witnesses will not take on a case if they think their side will lose. They simply do not want their own reputation hurt by a losing verdict.
You are more likely to be on the losing side of a case if you work with attorneys who are dishonest or incompetent. You might become suspicious if attorneys are unresponsive to your questions or needs in the case. When attorneys discount the importance of steps you suggest, or documents that you feel should be considered, suspect a problem. Occasionally, you can only confirm your suspicions after the case ends and after the clients sue the attorney for malpractice.
However, you can check the reputation of virtually every attorney in the country before you accept a case. The Martindale-Hubbell® Peer Review Ratings?? offers a service for any person seeking to employ an attorney. You can use this service to help you determine whether an attorney is ethical and has a great track record. On the Internet, look up ‘peer review ratings service’ at Martindale.com.
To figure out about the performance track record of attorneys, use the ‘peer review ratings service’ at Martindale.com
Various reasons exist for rejecting cases and you can always express your rejection politely. It is a great idea to keep a list of names and contact information of other experts to whom you can refer the clients you must turn down. Referrals to other experts generate goodwill, and may lead to new business from the attorney or the other expert in the future.