Opposing counsel may discover virtually all the information provided to, developed by, or relied upon by an expert witness. We expect both consultants and witnesses to have exceptional knowledge about their field of expertise. Consulting experts do not require as highly developed communication skills. In determining whom to retain as an expert, either as a consultant or a witness, lawyers should take the time to interview several possible candidates before making a decision. The interview process allows the lawyer to evaluate not only the potential expert s qualifications and credentials but also his or her presentability, believability, and potential appeal to a judge or jury.
Most fields boast many such professional witnesses from which to choose.
On the minus side, professional witnesses have likely testified in other cases involving similar issues and may have given testimony unfavorable to your position. An opposing counsel armed with that information may substantially discredit your expert. A witness who testifies regularly for both plaintiffs and defendants will likely present fewer problems in that regard. The degree of difficulty in locating a satisfactory expert is directly related to the issue for which you require assistance. The more exotic the issue, the fewer potential candidates.