Mastering the Art of Expert Witness Testimony: Marketing Your Forensic Consulting Practice

Selling your services as a forensic consultant is very different from marketing your services as a non-litigation professional.

The adversarial nature of litigation services requires a careful approach to direct advertising, newsletters, and other solicitations for business.

The opposition will take any fact or statement out of context and try to use it to distort or undermine your otherwise credible analysis. Here are 15 points for you to consider when developing a marketing program for your forensic consulting practice.

One…. Any marketing materials that you create or publish will be requested by the other side during litigation.

Think about the damage that a published comment such as, “we can help you win your case,” will have against the expert witness if it’s distorted and taken out of context. 

Any printed or internet advertising of your services should be fairly bland, simply presenting your qualifications and your willingness to provide the appropriate services in litigation matters. 

Don’t state your qualifications and credentials in a way that can be interpreted that you are for hire to “help” a client prevail in litigation.  

You are simply a qualified professional who can analyze an issue and, if the issue is relevant to a litigation matter, you are available to provide professional services.  

Always maintain the appearance of objectivity and credibility in your advertising materials.

Don’t give the other side ammunition against you.

Target market:

Two…. Most forensic consulting services are sold 90% to lawyers and 10% to others such as insurance carriers, claims adjusters, clients and other referral sources.

Even if one of the other targets is the buyer of your services, a lawyer will usually have some involvement in the purchase decision, so it makes sense to target lawyers in your marketing. 

From the outside, the legal profession may appear to be a closed community, but it is easily reached. 

Lawyers are all members of the bar association, they attend required continuing education courses, they read the same professional journals, and they socially congregate at charitable and professional events. 

They talk to each other about their cases and they talk about who they have used as experts in their cases. 

Three…  it is important to be mindful of the perception of the target market. Lawyers don’t want to use the person who “wants to be” an expert witness; they want to use a person who is a seasoned, experienced expert. 

Four… one of the most fertile areas of marketing is attending continuing legal education programs relating to your field through local bar associations. . 

These events are the chance to meet lawyers who are directly involved in areas which you serve. 

Most of these programs welcome related professionals who are willing to pay the admission fee. 

These programs combine the value of providing substantive information in the expert’s field (and the lawyer’s perspective on the expert’s area) and put 50 to 100 members of your target market in one room for a few hours. This enables you to meet and greet potential clients. 

Five….There are at least two lawyers in every case, and that fact creates an interesting marketing opportunity. Even though the opposing lawyer is on the other side in the present matter, you have the opportunity to show off your professional capabilities and expand your circle of influence by approacing your job professionally. 

Think of the opposing attorney as your next best client. 

Creating your reputation:

Six…. There are some approaches you can use to create the perception that you are experienced, even when you’re starting out.

First, your professional résumé needs to look like an expert’s résumé, not a job interview résumé. Focus on your area of professional expertise and your relevant background, education, and experience as a court-qualified expert, if possible. 

Remember that every phrase of your résumé will be cross-examined, so it must be absolutely true and factually based. Don’t include the things one might include in an employment résumé, such as extracurricular activities in college, hobbies, or volunteer work. It should be completely professional.

Seven… within your profession, accumulate the requisite credentials that set you apart from the pack…. Leadership roles in local professional organizations, additional credentials of specialization in your field…  these are the distinctions that indicate you are a true expert in your field.

Eight… it is usually possible to find speaking opportunities to groups who have an interest in your substantive field, such as sub-sections of the bar association, colleges, civic organizations and business associations. Speaking to lawyers is one of the most successful areas of marketing I have pursued over the years.  

Nine…writing articles is an effective way to market your services to the legal community. 

I’m not talking about high-level scholarly articles, although if you are able to write those types of articles, you are well on your way to truly establishing your expertise. 

I’m suggesting basic articles of 300 to 750 words that are suitable for publication in blogs, community newspapers, local trade journals or local legal journals. 

The objective is to expand your reputation into the larger legal community. 

You must remember that you will be cross-examined on anything you put in writing, so be careful about making dogmatic, opinionated statements in articles that will eventually be scoured by opposing lawyers seeking to discredit you. 

Ten…  look and act the part of the expert.  Dress like an expert,  have an impressive office, don’t skimp on any part of your practice- location, office decor, stationery, business cards or report covers.  Create an impressive image.

Eleven…. . 

Create the perception that you have plenty of work (you’re busy, but never too busy to care for this new client). Cultivate the ability to discreetly say you’ve worked on “this” case or “that” case (without misrepresenting or breaching any confidences); and you’re involved in important litigation projects that are so confidential you can’t discuss the details. 

These techniques are a subtle building of your reputation. They build your reputation while not appearing to be trying to build your reputation. 

Direct marketing activities:

Twelve…. Another tactic is to sponsor bar associations or other professional organization events. Many of these programs seek sponsors and provide a tasteful opportunity to place an “advertisement” in professional programs or print advertising related to the event. 

The opportunity calls for a tasteful presentation of your name, credentials, and some mention of your professional availability for services. Frequently, a distinguished lawyer or judge will be honored at these functions, and there is opportunity to insert a “congratulatory message” into the event program. 

Remember, you will later be asked in depositions to provide copies of any advertising you or your firm has undertaken in the last three to five years, so be prepared to be cross-examined on everything that appears in print. 

Thirteen…  some professionals use newsletters to raise their profile within relevant markets.  I caution the wisdom of forensic consultants’ using newsletters to regularly reach existing or prospective clients.  

The problem with newsletters is that they are frequently written by copywriting services who are not mindful of the threat of cross-examination of every phrase of the publication.

Fourteen…. Expert witness referral services…  most of the concerns I have about them are basic litigation concerns. You will be cross-examined on where this particular case came from – are you paying a referral fee, or is the service paying you a “net” fee?  I am not suggesting that these services aren’t worthwhile for some experts. The forensic consultant needs to think through the fee arrangement and be prepared to defend against any attack. 

Fifteen….  Be careful of establishing the perception of a cozy relationship with a lawyer or law firm, it may not be improper, however, a close relationship will be used against you in litigation. Think through the answer to the challenging question inferring that you are too close to the lawyer or law firm for whom you’re working. 

In deposition, you may be asked if you have ever socialized with your lawyer-client or been invited to their home. There is nothing wrong with these associations, but they will be blown out of proportion by your opposition. 

Get more details about marketing your services as an expert witness in Mastering the Art of Expert Witness Testimony, available on Amazon.

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