By Stephen D. Kirkland, CPA, CMC, CFC
Originally published in the September-October 2007 edition of Connector, the Institute of Management Consultants’ member newsletter.
Consultants in every field serve as expert witnesses to help judges and jurors understand complex issues in court cases. Many of these professionals have narrow niches, such as fingerprinting or handwriting analysis. Some specialize in broader fields, such as business valuations or, in my case, executive compensation and related financial issues.
So, what does it take to become an expert witness? There are several factors to consider before accepting that responsibility.
For example, an expert witness is usually hired and paid by an attorney representing one of the parties to a lawsuit. However, the witness must be able to remain objective, and not become an advocate for the plaintiff or the defendant. The truth must be told, no matter whose case is helped or hurt by it.
Extensive experience and formal training are necessary to gain the trust of the court. You may be asked to recite government regulations and definitions of words used in your field. You may be asked which publications you read to keep current.
During a deposition and court testimony, many detailed questions must be answered in ways that can be understood by jurors who have no experience in your field. An expert’s role is to explain and clarify complex issues so the judge and jury can do their jobs.
Your lifestyle and background must be able to withstand intense scrutiny. Before the trial, expect attorneys to closely examine your credentials, experience, training, and reputation. Expect them to know your credit rating, what bumper stickers you have on your car, where you were born, how much you paid for your house, and which organizations you have belonged to. They may ask, and you will answer under oath, questions about fun things like the prescription medications you take.
You must be able to remain composed during long hours of relentless questioning in depositions and courtroom testimony. Under cross-examination, the attorneys may do all they can to make you nervous and to say something foolish. It is critical to stay calm and focused throughout the deposition and trial.
Be flexible in your schedule. It is not uncommon to be engaged late in the process. Once you become involved in a case, you may need to peruse hundreds of documents in order to understand all the relevant facts. Ask a lot of questions. And be sure you have plenty of time to thoroughly research the issues and complete your analysis and form opinions in time to the meet the court’s deadline.
Court calendars are subject to change at any moment, and they expect you to be there when called. You must be ready to answer hundreds of questions about a report you wrote and submitted to the court months earlier.
So, why would anyone put themselves in this position? Very simply, because they have a great appreciation for our court system and enjoy the satisfaction of a job well done.