New to Hiring Experts? Here’s a Helpful Guide

As a vocational expert witness in personal injury cases across the U.S., I've learned that the first phone call with a new attorney can tell us a great deal about whether an engagement is the right fit. The questions we discuss help establish expectations, clarify my role, and set the foundation for a productive working relationship.

For attorneys new to hiring expert witnesses, here's what I expect us to discuss, why these questions matter, and how they can build a great working relationship.

This Call Goes Both Ways

The first time you talk to an expert, know that the conversation isn't a one-way intake. We're each evaluating whether the engagement is the right fit.

I'm assessing the case, my schedule, whether the requested services fall within my scope of practice, and if I can accept the engagement. I know that you're also assessing me: my qualifications, my approach, and if I can explain vocational concepts clearly and credibly.

Questions I Expect to Be Asked

Here are the 10 primary questions I expect to answer and/or topics I expect to discuss.  

1.     Background

I expect you to ask about my education, my experience as a vocational expert witness, and my process for evaluating a case and developing vocational opinions.

This step may be abbreviated if you were referred to me by someone you trust, but I will not be offended if you do ask. Likewise, if we have an established working relationship, I am not expecting us to start from the beginning each time.

If we don't know each other, however, these questions are important. An expert's education, experience, methodology, and approach to forming opinions should matter when determining whether that expert is the right fit for the case.

Just as importantly, I want attorneys to understand from the beginning that my opinions are developed from the evidence, not from the outcome either party hopes to achieve.

2.     Fees

Requesting my fee structure is an important part of determining whether we are a good fit. Understanding fees, anticipated services, and the retention process at the beginning helps establish clear expectations for everyone involved.

If you're in the preliminary stages and speaking with multiple expert witnesses, it's perfectly fine to say so.

3.     Type of Expert Needed

I can serve in two different capacities. As a consulting expert, I am not designated and only review the file to help you understand a fair evaluation of vocational damages, without issuing a formal report or being available for testimony. If retained in a capacity as an expert witness, I anticipate preparing a formal report, opinions will be disclosed, and testimony may be required.

Some experts work exclusively in one capacity, while others offer both. If you are retaining a consulting expert, be sure to ask at the outset whether that expert can later transition into an expert-witness role should the needs of your case change, and what that process looks like.

‍ 4.     Availability and Deadlines

‍ Early in the conversation, ask about the expert's availability. Providing known deadlines and important dates helps determine whether the expert has sufficient time to complete the requested work and meet the needs of the case. If a Scheduling Order is in place, all discovery, deposition, and trial dates are important.

An expert may have availability to complete an evaluation and report but have existing commitments that affect their availability for testimony.

5.     Conflict Check

Before we move forward, I pause to check for conflicts of interest that could preclude me from accepting the engagement. For that reason, I'll need to know the parties involved.

Once the conflict check is complete, we can continue discussing the potential engagement.

6.     Exclusions

I expect to be asked if I have ever been excluded or had my testimony limited by a court. Any expert should be prepared to answer this question directly and provide enough information for you to understand the circumstances. ‍

If their answer is yes, the fact that an exclusion occurred may not tell you everything you need to know. It can be helpful to ask what opinions or testimony were at issue, the basis for the court’s ruling, and whether the ruling related to the expert’s qualifications, methodology, scope of opinion, or another case-specific issue.

‍This is information you will want to know before retaining an expert, not discover for the first time later in the case.

7.     Basic Facts About the Case

I don't need (or want) every detail during the initial call. A basic summary of the case without going too far into it is enough for me to determine whether my expertise is the right fit and whether the requested services fall within my scope of practice. ‍

At this stage, I want to understand where the case stands, the status of plaintiff’s medical treatment, whether the information necessary to begin the vocational evaluation is available, or if we are still waiting on relevant information/documentation to be obtained.  

8.     Establish Referral Questions

‍Early in the retention process, establish the vocational questions you are asking the expert to address. When retained to provide an independent vocational opinion, my role is not to be an advocate for a particular side of the case. My role is to evaluate the available evidence, apply consistent vocational methodology, use my professional expertise, and render an objective, evidence-based opinion to the referral questions. Thus, establishing the right questions is important.

Vocationally, these most often involve:

‍ ‍·        Has the plaintiff sustained a loss of earning capacity?

‍ ‍·        What can be done to assist the client in mitigating any vocational or earning losses?

‍ ‍·        What support may the client need to return to the workforce?

‍Clearly establishing the referral questions helps define the scope of the retention and the information needed to address those questions. It may identify additional records or documentation that should be obtained, clarify whether input from another expert is needed, and allow for sufficient time to complete the necessary evaluation and analysis within applicable deadlines.

If you're not certain how to frame the vocational referral questions, that's perfectly fine.  We can discuss this during the initial phone call.

9.     Documentation To Request

You should always ask your expert, at minimum, for the most recent copy of their CV, Testimony List, and Fee Schedule.

It is common for experts to watermark the documentation provided during the initial inquiry or retention process. This simply helps ensure the expert is not identified as retained until the retention process is complete.

10.  Full Retention Process

It is important to understand what the next steps will be if you decide to move forward with an expert. Every expert handles the retention process a little differently, so this is an area where you should not make assumptions.

Specific to my office, the retention process is complete once all of the following have been received:

·        the fully executed Professional Services Retention Agreement;

·        the required retainer payment; and

·        the requested documents necessary for the preliminary review to begin.

An initial conversation does not mean that the retention process is complete or that work on the case can begin.

If you are working within a tight timeframe, moving through these steps promptly becomes especially important. The sooner the retention requirements are completed, the sooner the expert can begin the preliminary review and identify any additional information that may be needed to address the referral questions within your deadlines.

Final Considerations‍ ‍

The first call between an attorney and a potential expert witness establishes the foundation for the working relationship that follows. For attorneys newer to hiring expert witnesses, knowing what to ask can make it easier to determine whether an expert's qualifications, methodology, communication style, and professional approach are the right fit for the case.

That's why I take the initial conversation, and the decision to accept an engagement, seriously.

If you're interested in setting up a call to discuss a case, grab time on Kelsea’s Calendar

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About Kelsea Mills, MRC, CRC, CVE, CEAS I

‍ ‍Kelsea Mills is a Certified Rehabilitation Counselor, Certified Vocational Evaluation Specialist, and Certified Ergonomic Assessment Specialist.  She is the founder of Kelsea Mills & Associates. With over 18 years of experience, she provides targeted vocational evaluations, earning capacity analysis, vocational rehabilitation, return-to-work planning, vocational case management services, and testimony in Workers’ Compensation, Civil, and Federal litigation matters.

Ms. Mills serves as a nationwide vocational expert witness, consulting with legal teams nationwide to deliver comprehensive loss-of-earning capacity evaluations and expert testimony for personal injury, medical malpractice, and employment law cases.

She serves on the board of the Vocational Evaluators and Career Assessment Professionals (VECAP) and is a member of the International Association of Rehabilitation Professionals (IARP) and the American Board of Vocational Experts (ABVE).‍ ‍