1. Look for a Specialist
If you're going to trial over a Ferris wheel accident, your witness should be a theme park expert. If you're suing a doctor for medical malpractice, your witness should understand the ins and outs of the hospital. Rather than hiring a generic professional, make sure that your witness has both skill and experience in their chosen field.
2. Vet Them Thoroughly
What skeletons are in their closet? Have they ever been arrested? Do they have any kind of illegal connection to the case? Don't put your witness in front of opposing counsel unless you're positive that they're clean. All it takes is one forgotten DUI from the witness's past to make the jury lose complete trust in them as an honest and credible person.
3. Discuss Compensation
Be upfront about things like rates and retainers. You don't want to be surprised by any invoices that you receive down the line. Make it clear what you are and aren't willing to pay for, and coach your witness on how to answer any legal questions about their compensation. Remember, the jury will be listening.
4. Practice for Court
Put your witness in front of a video camera. Run them through their testimony. Did they sound believable? Did they cough, stutter or blink too much? Did they tug nervously at their collar when you got too aggressive? Don't act like their friend; act like opposing counsel. That's who you need to be worried about when your witness is on the stand.
These are just a few things to keep in mind as you seek expert witnesses. At the end of the day, the most important thing is that you feel comfortable with your selection. If you don't think that your expert witness can withstand the pressures of the courtroom, they aren't the witness for you.
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