Ch. 9 - Marketing the Expert Witness Practice

According to the study on expert witness fees, which of the following problems "commonly faced by experts" can be solved with a non-refundable retainer? Case settling before the expert can accrue enough time to justify adequate fees Being conflicted out of the possibility of working for the opposition by being exposed to confidential information Delay in having monthly invoices paid when due None of the above

Being conflicted out of the possibility of working for the opposition by being exposed to confidential information

A long list of suggested content for the CV is presented in the course materials. Which of the list below is NOT part of the suggested content for the CV? Hobbies and extra-curricular interests Awards received Professional education Published articles or books

Hobbies and extra-curricular interests

What is a Lock-Up fee? A fee that is held in escrow until final resolution of the litigation A fee paid by an attorney to spring an appraiser from prison after he perjured himself A fee paid to an expert to preclude the expert from working for the opposition in a pending case None of these

A fee paid to an expert to preclude the expert from working for the opposition in a pending case

According to the study on expert witness fees, the average hourly fees for all non-medical experts was $_____ , and for medical experts it was $_____ , as of the date of the 2009 study. $150 / $275 $248 / $555 $276 / $388 $355 / $411

$248 / $555

In drafting the CV, you are considering the following litigation assignments to show qualified experience. You plan to provide a summary of the case, the parties, and the property involved. Which case would be appropriate to include with this detail? A case where you provided consulting services to the attorney who decided that the case did not have merit so did not pursue further action. A case where you were sued by a property owner for under-appraisal, and the case was dismissed without any finding of liability A case where the trial was held and a final decision was delivered by the jury Any of these

A case where the trial was held and a final decision was delivered by the jury

What is the definition of a Curriculum Vitae? A legal pleading designed to gather information from a legal opponent A feature in the Federal Rules of Civil Procedure that stipulates how an objection can be made in a trial A formula for designing a trial strategy in civil litigation A definitive presentation of an expert's qualifications for qualifying as an expert in a trial

A definitive presentation of an expert's qualifications for qualifying as an expert in a trial

In preparing your CV, you recall that the Civil Rules of Civil Procedure, Rule 26, require that, in your expert report, you need to include all publications authored in the previous 10 years and all cases in which you testified as an expert at trial or deposition in the previous 4 years. In your CV, which of the following MUST you include? A journal article you published 12 years ago A trial testimony experience 5 years ago A deposition testimony experience 3 years ago All of these must be included

A deposition testimony experience 3 years ago

What is a Lock-Up fee? A fee that is held in escrow until final resolution of the litigation A fee paid by an attorney to spring an appraiser from prison after he perjured himself A fee paid to an expert to compensate the expert for loss of business by not being able to work for the opposition in a pending case None of these

A fee paid to an expert to compensate the expert for loss of business by not being able to work for the opposition in a pending case

Why is it advisable for the expert witness to have all expert witness fees charged before the deposition or court testimony be paid in full before entering the deposition or the courtroom? It will help minimize "slow pay" by the client if the testimony does not go well for the client. It will minimize the possibility of opposing counsel finding a way to impeach the witness for bias because of the unpaid fees. It is sound business practice. All of these

All of these

You have just completed a shopping center appraisal with an in-depth "Level D" market analysis. You decide that you would like to use that work to increase your litigation business. What could you do with that study to accomplish this goal? Send a copy of the report to your attorney contacts Lift out the market study, sanitize it, and release it to the local newspaper Call the local TV news anchor and let him or her know you are available for an interview on the topic Answers b and c only

Answers b and c only

In preparing your CV, you recall that the Federal Rules of Civil Procedure, Rule 26, require that, in your expert report, you need to include all publications authored in the previous 10 years and all cases in which you testified as an expert at trial or deposition in the previous 4 years. In your CV, which of the following would you include? A journal article you published 8 years ago A trial testimony experience 3 years ago A deposition testimony experience 5 years ago Any of these could be included

Any of these could be included

There are many types of people who hire expert witnesses. Which person most frequently makes the hiring decision? Attorney in charge of the case Paralegal Insurance Company representative Judge

Attorney in charge of the case

You are writing an appraisal report for use in a Federal District court. The assignment was obtained from a source that required a fee that must be disclosed based on the ETHICS RULE, Management Section. Where in the report are you going to disclose the fee that you have paid or will pay to the source of the assignment? In the Letter of Transmittal In the Certification In the Summary of Salient Facts Both a and b

Both a and b

According to an expert who works marketing experts, what is the most important single thing that attorneys look for in an expert witness? Communication skills Professional expertise Writing skills Comfort

Comfort

According to some authorities, marketing the expert witness practice could have the following results: Having laypeople call you for legal advice Wasting money and effort and producing few results Exposing the expert to attack on cross examination for being a "hired gun" All of these are correct

Exposing the expert to attack on cross examination for being a "hired gun"

According to Babitsky, as quoted in the course materials, which is generally true regarding fees charged by expert witnesses? Experts typically over-value their contribution to a case Far more experts undercharge than overcharge for their expert witness services Experts are too timid when it comes to collection of delinquent fees from clients Attorneys usually decide on an expert based on the lowest fees among competing experts

Far more experts undercharge than overcharge for their expert witness services

You are testifying in court. The opposing counsel is especially hard on you and returns to the same question numerous times to see if you will change your answer. One of the more probable reasons he is doing this is: He is a jerk He does not believe your answers He is testing you because he may want to use you in the future None of the above

He is testing you because he may want to use you in the future

A list of suggested content for the CV is presented in the course materials. Which of the list below is NOT part of the suggested content for the CV? Leadership positions held Income level and tax bracket Speaking engagements Professional education

Income level and tax bracket

Which of the four sources listed below is most likely the first place an attorney needing an expert will look for one? Referrals from other attorneys Professional directories Internal database of the law firm Referral agencies

Internal database of the law firm

The USPAP ETHICS RULE - Management - indicates that "An appraiser must disclose that he or she paid a fee commission, or gave a thing of value in connection with the procurement of an assignment." How does this apply to an appraiser listing on an online directory of expert witnesses to obtain assignments? It is the same as paying to be included on a lender's appraiser panel. There is no direct application to the appraiser paying for a listing in an online directory. If the fee exceeds $25 for the listing, the fee paid must be reported in any assignment coming from that directory. It is uncertain - the Appraisal Foundation has not issued an answer to this question yet.

It is uncertain - the Appraisal Foundation has not issued an answer to this question yet.

When testifying in a deposition, who is required to pay the witness fees to the expert witness? Opposing counsel who is calling the witness for testimony Retaining counsel who hired the witness for the case The court will split the fee between the two litigants It is a negotiated issue not set by the Rules

Opposing counsel who is calling the witness for testimony

What is another term for Curriculum Vitae? Course syllabus Website Formal charging document Professional resume

Professional resume

According to Rosalie Hamilton, known as "the Expert's Expert on Marketing," which of the following is considered the "tie-breaker" when attorneys select experts based on the contents of their CVs? Professional designations Work experience Teaching experience Publications and presentations

Publications and presentations

Which of the following approaches to fees would probably generate more expert witness assignments and higher revenue? Lower hourly and flat fees and promote yourself more Raise hourly and flat fees and continue the same marketing approach Raise flat fees and lower hourly fees Raise hourly fees and lower the flat fee for the appraisal report

Raise hourly and flat fees and continue the same marketing approach

Items to be included on the CV to convince attorneys of the ability of the expert to communicate would include which of the following? Listing of the college degrees Work history, with details of job descriptions Speaking engagements not related to real estate None of the above would serve the purpose

Speaking engagements not related to real estate

You are considering seeking out speaking engagements that will either directly or indirectly generate litigation support assignments. Which of the following speaking engagements would probably have the most direct result of generating potential expert witness assignments? State real estate convention discussing market trends Kiwanis Club meeting discussing a specific downtown redevelopment project State Bar convention discussing USPAP and its application to litigation assignments Political gathering speaking about private property rights in the U.S. Constitution

State Bar convention discussing USPAP and its application to litigation assignments

The course indicates that there are at least six attributes that attorneys look for in an expert witness. Which of the following is NOT one of these six attributes? Technical skills Qualifications Communication skills Availability

Technical skills

In considering different approaches to marketing your expert witness practice, you look at both referral agencies and expert witness directories. You discover that one of the differences between the two is: The referral services charge a fee to be listed The referral services take a share of your expert witness fees The referral services will generate more business for you All of these

The referral services take a share of your expert witness fees

In setting the fee structure, when would an appraiser be able to use a contingent fee structure in litigation? Never - contingent fees are prohibited by USPAP When appraising for some probate courts When retaining counsel wants to put a reward or bonus into the fee structure if counsel wins the case When it is uncertain how long it will take to fully resolve the litigation case

When appraising for some probate courts