Many experts believe that having a high profile is a good thing for an expert witness. The higher the profile, the more likely the expert witness is to attract new clients and business, the thinking goes.
Does there come a point when having too high a profile can become counterproductive for an expert witness?
Targeted by Bar
Flying too close to the sun (i.e. attracting too much attention) may result in the expert witness being targeted by either the plaintiff or defense bar. When so targeted counsel may join together to attempt to put the expert out of business by putting the expert under continuing intense scrutiny. If you think this scenario is far fetched or an exaggeration, let’s take a look at a recent REAL example.
Physician expert witness “Dr. X” testifies mainly for the defense. After losing cases they attribute to the testimony of Dr. X. the plaintiff’s bar decides to put a stop to these losses. The bar organizes what they call “The Dr. X Project.” The details are explained as follows:
Join a panel discussion to learn what you are up against when dealing with defense medical examiner Dr. X. Information has been provided by those with experience working with Dr. X while he is supporting the other side. Open to plaintiff attorney members only. Seminar includes:
– At least 10 transcripts
– 4 reports
– Federal court disclosures 2005-2009
– Tips from those who have worked with Dr. X.
If the above is not ominous enough note that the “seminar” is 2 ½ hours long and the notice concludes as follows: “If members find this beneficial, this will be the first in a series focusing on specific defense medical examiners across the state.”
Having too high a profile, especially if an expert testifies mainly either for plaintiffs or for the defense, can result in increased and unwanted targeting by the bar.
Dr. X is a pseudonym for the physician who the author interviewed and who does not desire any additional publicity.
About the Author
Steven Babitsky, Esq. is the President of SEAK Inc. (www.seak.com) and can be reached at email@example.com or directly at 508-548-9443.