How To Become An Expert Witness

To become an expert witness, you need the requisite expertise a court will accept under Federal Rule of Evidence 702 or your state’s equivalent. You also need a practice an attorney can find and verify. That means a CV that’s tailored for attorneys (not for the general public), a website that matches that CV, directory listings that match it, a fee schedule, a retention agreement, and a testimony log.

This guide is for doctors, engineers, accountants, and other specialists who are about to go in as an expert witness for the first time. It covers what makes you qualified, whether you need any training, and what lawyers look for before they call you. It also covers the Goldentell practice setup checklist and how a new expert witness finds their first case.

What makes you an expert witness?

A court will decide on a case-by-case basis whether you qualify. Under FRE 702, an expert can be qualified by knowledge, skill, experience, training, or education.

Federal Rule of Evidence 702 sets the standard for the admissibility of expert testimony. Qualification is one element of that standard. The party seeking to have your testimony admitted must also demonstrate to the Court that it is more likely than not that your testimony is based upon sufficient facts or data and that it is the product of reliable principles and methods, reliably applied. An amendment effective December 1st 2023, clarified that standard.

State courts have their own rules and, in some instances, will have additional requirements for certain types of cases. Arizona’s expert witness statute is a case in point: it imposes additional qualifications on standard-of-care experts in medical malpractice cases (i.e., where the defendant is a specialist), requiring both licensure and a matching specialty. You need to check the rules in each jurisdiction where you anticipate testifying.

Do you need expert witness training before your first case?

Expert witness training is a judgment call, not a requirement under the Federal Rules. FRE 702 does not mention certification or a training credential.

Training generally covers report writing, deposition testimony, and cross-examination. SEAK Inc. provides training on how to start an expert witness practice and on testifying at deposition and trial, and it has published guides on report writing. When you’re comparing programs, check what they cover and who actually runs them.

Treat any ‘certified expert witness’ qualification with the utmost caution. If you’ve done a course, say so. Don’t go beyond that. Just say you’ve done a course with X provider in year Y.

What do lawyers look at before calling an expert?

Before an attorney reaches out, they will have looked at your CV, searched your name, and reviewed your website, directory listings, and LinkedIn profile. Opposing counsel can do the same at a later stage and will look for anything they can use on cross-examination.

Every page you publish has two readers. It has to give the retaining attorney a good reason to call. It also has to stand up when the other side reads it aloud at your deposition.

Some of the stuff you publish will also be cross-referenced against your formal disclosures. If you’re retained to give testimony in Federal Court, you’ll be required to provide a written report. Under FRCP 26 (unless the Court orders otherwise), that report must contain a list of your publications from the previous 10 years and the cases in which you gave testimony at deposition or trial in the previous 4 years. Your CV and website will already match those lists.

Search your own name before your first inquiry comes in. Fix anything that’s out of date or inaccurate before an attorney even finds it.

How to become an expert witness attorneys can find and verify

The Goldentell practice setup checklist is an 8-step process for new expert witnesses. Steps 1 to 5 are what the attorney sees when they look you up. Steps 6 to 8 are in the next section and are about getting you ready for the first call.

Step 1: Define the specific area you will testify in

Write one sentence that states your specialty and the types of cases you will accept. Use it verbatim on your CV, website, and listings. A defined scope of practice helps lawyers match you to a case and is easier to defend than a general one.

Example (hypothetical): “Licensed structural engineer dealing with building failure and construction defect work.”

Step 2: Build an attorney-facing CV

An expert witness CV is written for the lawyers who will decide whether to retain you. Have a very brief qualifications summary at the top of page one. Then structure the entries in order of relevance rather than in strict chronological order.

List all publications from the past 10 years in full so your CV is already in line with a federal expert report. Add an “updated as of” date. For more detail, see how to write an expert witness CV.

Step 3: Publish a website that confirms your CV

A basic website with your scope of practice, your CV, and your contact details is all an attorney needs to check things out. Register the domain in the name of your practice, not a vendor’s. Keep the language descriptive rather than promotional, as anything you put online will be discoverable for years. Our Expert Witness Website Guide explains what to include, what to avoid, and where to find website support that understands expert witness work.

Step 4: Choose one or two directories based on fit

An expert witness directory is a searchable directory service that attorneys use to find experts (usually by specialty and location). The SEAK Expert Witness Directory is a case in point, letting attorneys search by specialty and state. Before you commit to a listing, it’s worth comparing:

• the cost
• who actually uses the directory
• how many experts in your specialty already list there

Create each listing under an account your practice controls, and keep a close eye on renewal dates. Ask every new client how they found you so you know which listings are generating inquiries.

Step 5: Make every asset state identical facts

Check that your CV, website, directory listings, and LinkedIn profile all state the same dates, titles, affiliations, and case types. A mismatch between two of your own documents can become a cross-examination question on its own.

An attorney may check LinkedIn to confirm who you are, so treat it as part of the same record. Copy titles and dates from your CV rather than retyping them. For a section-by-section walkthrough, see LinkedIn profile tips for expert witnesses. To run the same comparison across every profile, use the digital presence consistency checklist.

What do you need in place before the first attorney call?

Have your rates, your agreement, and your record of prior testimony all ready before the first inquiry. Steps 6 to 8 of the Goldentell practice setup checklist cover what an attorney may raise on that first call: fees, terms, and any potential conflicts.

Step 6: Write a fee schedule

A fee schedule is simply a one-page statement of your rates and billing terms. Set your rates for record review, deposition, and trial testimony. Include your retainer, your minimums, your cancellation terms, and your travel.

If you’re providing a written report in a federal case, the report will include your compensation, and FRCP 26 leaves compensation open to discovery. Write the schedule as if opposing counsel are going to read it.

Step 7: Use a signed retention agreement

A retention agreement is the signed agreement between you and your retaining counsel covering fees, payment terms, and scope. Get the signed agreement and initial retainer in place before you review any records. In SEAK’s 2024 survey of expert witness fees, 64% of respondents said they require retaining counsel to sign a retention agreement.

Step 8: Start a testimony log and a conflicts record

A testimony log is a running record of each deposition and trial at which you testify as an expert. For each entry you make, record:

• the case name and case number
• the court
• the date
• whether it was a deposition or trial

Update the log the day you testify. If you’re providing a written report in a federal case, FRCP 26 requires it to list the testimony for the prior 4 years.

A conflicts check screens the parties to the new inquiry, opposing counsel, and any other experts against your professional and personal relationships. You need to capture those names on every inquiry and run the check before you even discuss the case.

How do the new expert witnesses find their first cases?

The primary routes to a first engagement are directories, referral services and brokers, and your own professional network.

• Directories put your listing where lawyers search by specialty. The fees and the audiences are different, so you need to pick the one that’s right for you (step 4).
• Referral services and brokers are firms that match up lawyers with experts. They can bring you inquiries that you wouldn’t otherwise see and may well do the screening and scheduling for you. Terms of engagement vary by provider (fees, how communication is routed, etc.), so read the agreement before you register.
• Your network is made up of colleagues and lawyers you already know. Just tell them plainly what scope of work you’re prepared to take on.

Once you’ve got engagements, your past clients can become a source of repeat work. A brief logistics note (e.g., sending your updated CV) is enough to stay in touch without discussing any case.

What mistakes do new expert witnesses make when trying to market a practice?

Marketing blunders become the subject of cross-examination, so avoid them from the outset.

• Superlatives without a source. ‘Leading’ or ‘renowned’ will get you into trouble if you can’t actually point to a source.
• Claiming to have broad expertise – a scope that covers everything – immediately raises questions about your depth of knowledge in any one particular area.
• Let facts drift between assets. A date that differs between your CV and a directory listing is a finding in itself.
• You can’t have a case count that you can’t reconcile. Any case count you put in your marketing has to match your testimony log exactly.
• Describing the outcomes or the sides. Any language about the results or who you’re working for will, of course, undermine the impartiality you’re expected to provide.
• Posting on active issues. Keep your LinkedIn posts to general education in your discipline.

How Goldentell helps with setting up an expert witness practice

Goldentell works only with expert witnesses, and it supports both the marketing and operations of their practices. For experts new to the industry, the Attorney-Ready Foundation covers the CV, website, LinkedIn profile, and directory strategy as one integrated package.

Frequently asked questions

Who can be an expert witness?

Under Fed. R. Evid. 702, a witness can be qualified as an expert based on knowledge, skill, experience, training, or education. The advisory committee notes to the rule state that experience alone may be sufficient. The court will, of course, decide on a case-by-case basis whether the witness is qualified and, in some instances, state law may impose additional requirements (for example, in the area of medical malpractice).

Do you need a cert to be an expert witness?

FRE 702 does not mention certification. It refers to knowledge, skill, experience, training, or education. Some state statutes do set professional requirements in certain circumstances. In Arizona, for example, in a medical malpractice case where the defendant is a board-certified specialist, the standard-of-care expert must be board certified in the same specialty. Just list any course certificate on your CV as a course certificate.

How much do expert witnesses get paid?

Fees will vary by specialty and by type of work. In SEAK’s 2024 survey of over 1,600 expert witnesses, the experts surveyed reported median hourly fees of $450 for file review and preparation, $475 for depositions, and $500 for testifying in court. These are self-reported medians, not a rate to copy. You’ll need to set your own fee schedule based on your field and market.

How do you become a medical expert witness?

Physicians, like all other expert witnesses, follow the same route. Medical experts face an additional check, though: state law about where you intend to give your evidence. In Arizona, for instance, a standard-of-care expert in a medical malpractice case must be licensed, have the same specialty as the defendant, and have spent most of their professional time in clinical practice or teaching in the year before the incident.

This is general information only and not legal advice. Confirm what applies to you with an attorney.

If you’d like your CV, website, and directory listings all reviewed in one go before your first engagement, book a consultation with Goldentell.