Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.
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Host 1
Welcome back to Womble Perspectives! Today, we’re tackling part two of what it takes to find expert witnesses, and we’re following up with the next big question: once you’ve got a shortlist of candidates, how do you choose the best one? It turns out, it’s not just about degrees and licenses. There are multiple other factors that can make or break credibility in front of a jury.
Host 2
Exactly. Verifying education and employment history is important, but jurors and judges look at more than credentials. Things like prior litigation experience, retention history, and even where the expert lives can influence perception. So, what really matters when making that final choice?
Host 1
Let’s start with experience. Most attorneys want experts who’ve testified before, but there’s no perfect amount. Too much experience can make someone look like a “hired gun,” while too little can lead to mistakes during depositions or trial. And don’t forget flexibility—if your expert can’t adjust to the court’s schedule, that’s a problem.
Host 2
Retention history is another big one. If an expert only works for plaintiffs or only for defendants, that can look biased. Someone who’s worked for both sides—even if it’s not perfectly balanced—comes across as more neutral. That diversity can really help with credibility.
Host 1
Then there’s compensation. Expert witnesses often charge high hourly rates—sometimes around $1,000 an hour. Some jurors see that as greed, others as a sign of authority. And if most of their income comes from expert work, that can raise questions about motivation.
Host 2
Location matters too. Sure, experts can testify nationwide, but jurors often relate better to someone local—or at least regional. A Mississippi jury might trust a Tennessee expert more than someone from Boston with a strong accent. Of course, if the specialty is rare, you might not have much choice.
Host 1
And don’t overlook personal litigation history. Has your expert ever been sued for malpractice or other issues? That can affect credibility, so check court records and databases like Lexis or Westlaw. You don’t want surprises during trial.
Host 2
Finally, their digital footprint. Social media posts, political opinions, even old videos can surface during prep. A quick Google search can reveal a lot about how an expert might be perceived. In today’s world, online presence matters just as much as professional credentials.
Host 1
As is probably obvious after all that, there’s no formula for picking the perfect expert. You’ll probably talk to several candidates before finding the right fit. Cover all the bases—credentials, experience, bias, compensation, location, litigation history, and online presence—and then choose the expert you trust and can work with.
Host 2
That’s it for today’s episode of Womble Perspectives. If you missed our previous discussion on finding expert witnesses, go back and listen—it’s a great primer for what we covered today. You can find a link in the show notes.
Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.
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