An Expert Witness Profile is an exhaustive report that provides you with an expert’s testimonial history, challenge history, personal litigation history, professional history, educational history, publications, blogs, news articles, criminal history, SEC filings, donations and much more!
The Profile not only gives you an insight into the expert’s professional, testimonial and personal life; it also points you in the right direction if you wish to obtain any further information. This further information would primarily consist of crucial documents such as depositions, motions to exclude, expert CVs filed in previous cases, expert declarations, rulings and orders on the expert’s credibility and full text of articles published by the experts.
How do we do it?
The Case Laws
The Expert Witness Profiler uses proprietary databases which are not available to attorneys or law firms just because of the sheer cost to subscribe and get full access to such databases. The economies of scale allow the Expert Witness Profiler to access information, which would otherwise be too expensive, at a very moderate price. We look at all published and many unpublished opinions with a well guided Boolean logic to ensure that no relevant cases are missed. We do not just stop at judicial pronouncements but go on to search trial pleadings, appellate briefs, trial orders, dockets, jury verdict and settlement reports, federal and state agency decisions and even published arbitration decisions. We ensure that each and every available document has been searched for different variations of the expert’s name and expertise. For example, if we are researching John Doe, an insurance expert, we will not just search for cases where the word John has been mentioned within two words from the word Doe, we would also run searches for documents where the word Doe (many a times, the Judge or the counsel submitting a pleading/brief would just mention the last name of the expert) has been mentioned within certain distance from keywords such as expert, insurance, insurer, insuring, insured, CPCU, underwriter, underwriting and underwritten. While the term expert is invariably used as a keyword, the others are picked carefully after studying the CV and the areas of expertise of the expert in question.
We do not claim that we will provide information about each and every case where the expert has testified or deposed or consulted. However, we DO claim that if we cannot find a certain case, no attorney or law firm can find that information with the reasonable effort that is usually put in by interested parties into researching an expert witness.
The Professional History
The credentials of your expert witness are as important as his testimonial history. It has been seen in the past that experts have misquoted things on their CV and have later been excluded and even held guilty of perjury.
Under this section, we verify if the expert actually worked with an organization which is listed on the CV and whether there is any information available that ascertains the designations and the durations of employment.
Apart from this, we check all the degrees that the expert claims he has. This is done by looking up alumni association directories and if needed, we also contact the National Student Clearinghouse and the Registrar of various colleges.
For all licensed professionals, the website of the Licensing Authority is thoroughly queried and clients ordering reports are provided with the exact licensing details that are available.
Under this section, we also list all the publications of the experts with links to those which are available on the internet.
Many times, we have also found the rates that the expert charges for his services. This information is primarily obtained from any interviews that the expert may have given or a prior Rule 26 filing that may have been made.
We also verify if there has been any disciplinary action against an expert since this can be crucial to determine one’s credibility and standing in court. Any expert with a suspended license may not be qualified under 702 and it will always be a big weapon in the opposing attorney’s armory.
Thorough checks are run on the USPTO website to identify any intellectual property that the expert may have registered or have applied for.
Many experts list association memberships on their CVs. Each association directory is looked up and it is confirmed if the membership is still valid, has lapsed or never existed to begin with.
In a nutshell, this section of the report provides you a complete 360◦ overview of the expert’s professional history and disciplinary history.
Without violating any privacy issues, the Expert Witness Profiler will bring to you certain personal information about the expert. We will provide you with links and screenshots of the Expert’s LinkedIn, Facebook, Twitter, Orkut as well as scores of public websites where the expert may have created a public profile or an auto-generated profile may be available. This service is of utility to experts as they can rectify any errors in listings which they can be unaware of. Many of our clients have successfully gotten their phone numbers and addresses updated on different directories after ordering their Expert Witness Profile.
This section also looks into the following aspects of an expert’s bio:
- Political Contributions
- Other Donations
- Online groups
- News articles
- Multimedia such as audio, video, podcasts
- SEC Filings
- UCC Filings
- Criminal History
- Properties Owned
- Interests and Hobbies
Benefits for Expert Witnesses
When this product was announced to a group of expert witnesses, many thought that this product will be a tool, only for the defense attorneys who would be able to afford the service and bring the opposing experts down. However, that is a flawed notion! We believe expert witnesses would be the biggest beneficiaries of this service as it will provide you a comprehensive report on every information that is available about you on the internet and you would not have to face any surprises during cross.
Recently, an expert witness, who was listed on our blog as one of the experts recently involved in challenges, wrote to us and asked us to remove her name since she was questioned about the listing by the opposing attorney during a deposition. The attorney accused her of being associated with an online expert directory when she clearly stated that she had a policy of not promoting her expert witness services at all. Neither the attorney nor the expert knew that our listing was not an expert directory but a list of experts who were challenged in court or had a credibility assessment made for/against them.
If that particular expert had ordered a profile on herself, she could have replied to the attorney’s question with utmost confidence and the fact that the attorney really didn’t know what he was talking about, would have given the expert the upper hand straightaway.
Apart from these small instances, many a times, law firms do not inform their experts about such challenges and an expert doesn’t even know that his/her testimony was the subject of a Daubert challenge. Imagine discovering that your testimony was challenged at another deposition or cross and finding yourself clueless about it. You don’t know you were excluded – you can’t really refute the assertion – and it makes you look bad! Why would you want to take that chance? Why not order a profile and know what exactly could be the scope of enquiry at all your future depositions or crosses?
Benefits for Attorneys
Expert Witness Profiler is the ultimate research tool for attorneys. Now, you can order any expert’s profile and get a comprehensive report. This saves you at least 20 hours of extensive research which you can focus on important strategic aspects of the case.
Once you have a comprehensive report of all the cases an expert has testified in, their outcomes, the different motions to exclude, depositions, disciplinary history and much more; you can decide how to tackle the expert in that crucial deposition or court appearance.
A discount may be available for customers/associates of Expert Witness Guru. Please contact Expert Witness Guru for any queries or comments.