Saturday, December 29, 2007

Spend Your Profits on Yourself


End of the Year Tip:

If all went as planned, you've had a profitable year. But that has its own little downside - now you have to pay taxes on the profit. The upside is - you have two more days to invest some of that profit in your business. See if you can advance register for continuing education classes in your field; pre-pay for business development or marketing services; or purchase books, software, or other products that will benefit your practice. Check with your tax consultant about using this year's profit now on building your business for the coming year, instead of giving that profit to the government.

Wednesday, December 19, 2007

Website Question Made Our Day

In a recent email to our newsletter subscribers, Rosalie gave her views about the current economy and the subsequent need for professional service providers to spark up their businesses. The very first email received in response was from a long-term client asking whether his website that we had created several years ago needed to be updated. The kicker that we found so inspiring - this expert, still fully practicing both in his profession and in legal work, is 75 years young! May we all stay so ignited and inspired for years to come.

Sunday, November 18, 2007

Marketing Your Professional Services Is Not Optional

Happy Thanksgiving! In appreciation of all our experts I would like to share one of Rosalie's best essays about expert witness marketing. If you are one of the many who, like my mother Rosalie, will be traveling this week (she's headed to her hometown, Wichita Falls, TX), print this out and you'll have something to read while waiting at the airport!

Marketing Your Professional Services Is Not Optional --

Sometimes professionals say, “I don’t market my services; I rely on word-of-mouth to get business.” They don’t seem to realize these two statements are contradictory -— if they are getting plenty of referral business, they have marketed their services quite well! The issue is not a decision of whether or not to market your services, but is instead a decision of whether to assume responsibility for it and become more effective at it.

Actions you might not realize are marketing decisions:

  • What you name your business

  • What information you print on your business card

  • How you let people know you are available

  • How your resume or company brochure looks

  • Who answers the telephone and how

  • How you dress for encounters with prospective clients

  • How you respond when someone asks what you do

  • How you treat not only clients and prospects but also employees, associates and even competitors

All of these factors contribute to the image people form of you and are far more critical to the success of your business than you might realize.

For instance, does your business name indicate what services your business performs? If it doesn’t, is your business name accompanied by a tagline that states your field of work?

Does your business card provide all necessary data such as the type of work performed and your complete contact information? As a marketing consultant reviewing and analyzing professionals’ marketing materials, I see cards with important information omitted, such as the email address and even telephone area codes. I’ve seen two cards with no zip code after the address. What do these cards say about the professionals, i.e., what impression does their marketing create?

Particularly if you have chosen not to advertise your services, how did you announce that you had opened a business or practice? However you did it, and whether you did it effectively or not, it was a marketing action.

You're Not Alone

Fortunately, you’re not expected to already be knowledgeable about marketing, any more than you would expect people in other professions to be proficient in your discipline. Marketing help is available from books, magazines, the Internet, knowledgeable friends and marketing professionals. The key point is to realize that the decisions and actions that create others’ perception of you should be planned and well thought-out, as they constitute your marketing.

Prospective clients have no way of knowing what quality of service you will provide, so they must take clues from the appearance of your business card, stationery, resume or brochure and other materials, and website; your physical appearance and grooming; your manners and communication on the telephone; and even your promptness in returning phone calls.

The quality of your materials influences the perceived value of your services. Printed materials, whether produced professionally or on your personal computer, don’t have to be costly, but they should be error-free. Typographical, spelling, punctuation and grammatical errors in printed materials are inexcusable. We all make mistakes as we create and craft, but editing, correcting and proofreading comprise the second half of the job.

It is critical to have someone else proofread your writing and composition, because we all have difficulty finding our own mistakes. I frequently notice errors in professional brochures, even some that are quite expensively prepared. I have to conclude that not enough people proofread them.

Your Office Speaks

Often the initial impression you make on a prospective client results from the phone response in your office. If the phone rings several times before being answered by a person or a recording, the caller feels that his time has been disrespected. If the person answering is flippant, cold or, worse, rude, your image has been tarnished, perhaps permanently.

The time it takes you to return calls answered by someone else on your voice mail or through an answering service is also a factor in the prospect’s view of your services. An inquirer can’t help but associate your promptness or tardiness with your perceived work ethic and respect for deadlines.

In addition, if you determine that you can’t or won’t accept the proposal, are you as polite and as helpful as possible under the circumstances? You may not want this engagement, but you do want this person to be a referral source—the most effective kind of marketing.

Appearances Do Matter

Dressing for success” doesn’t necessarily mean wearing a suit for a man, or stockings and low heels for a woman if she wears a dress or a suit with a skirt. What it does mean is deliberately deciding what to wear for encounters with prospective clients, keeping your impression in mind. Whether the most effective look would be a business suit or other attire representing your profession or trade is an individual decision, but make it a conscious decision, because it matters. Perhaps a person could be sloppy or careless in appearance and be meticulous in work performance, but the prospective client has no way of knowing that—he can only conclude by what he sees and hears.

Does Your Dry Cleaner Know What You Do?

When asked what services your company provides, do you respond completely, smoothly and briefly or do you stammer, give a terse, incomplete description or ramble? Articulating your area of expertise and services is the core of marketing. Compose a brief statement that explains your work, using words people outside your profession will understand, and practice saying it aloud.

Business owners don’t always realize that their services are publicized, either positively or negatively, by individuals they might not consider referral sources or detractors. Employees discuss their work with others. Competitors speak either respectfully or resentfully about you, based, at least in part, on your attitude and actions toward them.

Remember that when you interact with another person, regardless of who the person is, you are marketing yourself and your services. You are enhancing his picture of you, or you are diminishing it.

____________________

Performing marketing is NOT optional. Marketing is the actions, whether deliberately strategized or unplanned, that communicate the availability, quality and value of your services. Marketing shapes the image people hold of you and your business and reflects your judgment, thoroughness and professionalism. You can take charge of this message and make it contribute to your success.

by Rosalie Hamilton, the Expert's Expert, author of The Expert Witness Marketing Book and President of Expert Communications, the business development firm helping experts get more clients.

© 2007 Expert Communications. All rights reserved. www.expertcommunications.com

Wednesday, November 14, 2007

Expert Witness Groups and Events

Expert witness Dr. Gerry Goldhaber emailed me this week about an upcoming event for expert witnesses. He would like to invite expert readers in the NYC area to attend the Gotham Networking Group's first meeting of expert witnesses on November 26 at 12:30 p.m. at Fabio Piccolo, 230 East 44th. The cost of the luncheon is $40.

The Gotham Networking Group consists of over 550 professional members. There are already two lawyer groups and Dr. Goldhaber decided enough of the members and their colleagues were expert witnesses to start such a group with the purpose of helping each other professionally and personally. For more information, email Dr. Goldhaber at
geraldgoldhaber@yahoo.com or phone his offices at 212-379-6661.

Another group that many of you are familiar with is expanding and each chapter has regular events scheduled. The Forensic Expert Witness Association, or FEWA, was started in 1994 in Orange County and now has chapters throughout California and a new one starting in Texas as well. Check out their events and the other services they offer their members at the FEWA website.

And last but not least, I strongly recommend all experts attend SEAK 's Annual National Expert Witness Conference. This year's event is scheduled for June 19-20, 2008 in Hyannis, MA (Cape Cod - beautiful at that time of year!) They haven't put up the brochure on their website yet, but I will let you know as soon as the do.

Saturday, November 10, 2007

Expert Witness Questions Holiday Cards


Like it or not, the holiday season is upon us. What business development activities do you use during this season? Do you send cards or gifts to your clients (past and present), referral sources, and prospects? Do you sign each card personally?

One expert has some questions about this and sent me the following email this past week:
It is coming up on the holiday season and in past years the firm I worked for mailed a card to clients, past and present. I considered it a good way to put our name in their head again. I also usually tried to personally sign all the cards (no rubber stamp or pre-printed signature). I also tried to write a brief message to those that I have worked with and recall a recent event, like if they had just had a child in the past year, a note to enjoy the holidays with their new child. Nothing too involved, just a little something. I have also had several clients over the years mention how nice it is to get a card with a personal touch.

This year the idea has come up to send a "nice" professional e-mail greeting in place of the card. Obviously no personal greeting or signature. My first thought is tacky, same as I have heard from a few people I have discussed this with. What are your thoughts? How about your readers?
I forwarded this email to Rosalie and here was her response:
This is the first time I've had this question posed, and I've never thought about it. My first thought is to use it to present a nice compromise - send an email instead of a postal mailed card, but do each one individually, with the personal greeting just for them. It would be easier, quicker and less costly than to do the same thing with postal mailed cards.

A group email doesn't sit well with me at all. I'm not even fond of pre-printed cards with no personal signature or note, although after signing and hand-addressing 200+ cards I'm not nearly as critical ; )
Readers - what are your thoughts? What do you plan to do this year? What have you done in the past?

Wednesday, October 31, 2007

Attorneys Getting the Most Out of Their Experts


The Expert Witness Committee of the ABA's Litigation Section publishes a quarterly "Expert Alert" for attorneys about working with expert witnesses. The latest issue (Fall 2007) features the article "Tips From the Experts: Getting the Most Out of Your Experts." Although written for attorneys, it highlights some best practices for the attorney-expert relationship. Making the process easier for the attorney is definitely good marketing, so it's worth a read.

Wednesday, October 24, 2007

Growing Your Expert Practice

Some time ago we did a random survey of our newsletter readers about the issues they face in building and expanding their expert practices. Experts mentioned five concerns/challenges above all the rest:

1. Identifying and locating the specific attorneys who handle issues issues involving their expertise, reaching them at the right time, and targeting the decision maker.

2. Attaining visibility/credibility and educating the attorney about their expertise and how they differ from the competition.

3. Avoiding appearing like a 'hired gun' and how to defend marketing and advertising on the stand.

4. Choosing the most effective venues in which to advertise and determining how attorneys find experts.

5. The time and money involved in effectively marketing an expert consultant practice.

Are these still the main challenges? What is the biggest issue you face in your practice today? What questions would like to have answered that would help you achieve your business development goals? Please leave your thoughts in the Comments below.

Expert Witness Deposition on YouTube


Expert witness video has made it to YouTube. Check out this video clip from the deposition of an accident reconstruction often retained by insurance companies. Search a little through the videos - there is a surprising amount of expert witness related material.

Monday, October 08, 2007

Practice Management Tips


Although written for lawyers, I found many realistic tips applicable to any professional service providers - in a solo practice or firm. Written by Jason Krause for the ABA Law Journal, the article is titled "Law Hacks - 101 tips, tricks and tools to make you a more productive, less stressed-out lawyer."

Krause includes both high and low-tech tips on subjects as varied as email to time management. Don't miss tip 101 - I let loose a big guffaw when I got to that one!

Too Much Litigation Experience?


In a blog post at Science Evidence, attorney Cliff Hutchinson comments on a Georgia trial court's standards and decisions regarding expert testimony in the case Bowers v. Norfolk Southern Corp.

Does the number of cases an expert has been retained on determine his classification as a "hired gun"? If so, does this warrant a stricter application of Daubert to the admissibility of that expert's opinion? Can wishy-washy terminology be cause for exclusion of an expert's testimony? (Take note of the italicized terms in his post).

Wednesday, September 12, 2007

Computer Maintenance as Marketing Tool

One of the very best techniques for generating more business for your expert practice is the quality of your work. Especially in the deadline/calendar-dominated legal world, your responsiveness, promptness and dedication to meeting agreed-upon dates of completion can mean the difference in creating a source of referrals or ruining your reputation.

When you can't access your files, data, report, etc. because your computer crashed - your attorney-client is not going to be sympathetic. With all the technology even the smallest firm uses today, I think we should all have a dedicated computer tech on staff. Since that is not realistic, it would be wise to know some basics that can help prevent the worst from happening (but keep a techie's number on hand at all times just in case ).

This post from The Working Guy, Christopher Null, “How to Keep Your PC From Crashing” explains seven steps even a novice can take to prevent disasters such as losing that expert report due tomorrow.

Sunday, August 26, 2007

Top Ten Credibility Killers


As an expert witness, the most effective marketing technique in your arsenal is the quality of your work. In addition to the strategies you can use to improve your consulting, reports, testimony, etc., you would be wise to also steer clear of the following damaging mistakes:


1. Accepting conditional engagements or contingency fees.

2. Reporting or testifying on matters beyond your area of competence.

3. Using misleading data to form or express opinion.

4. Not meeting deadlines.

5. Allowing attorney client to unduly influence your opinion and/or report.

6. Accepting a case with a known conflict of interest.

7. Contradicting prior positions or statements.

8. Ignoring available data.

9. Producing unclear or incomplete reports.

10. Unnecessarily discussing the case with others.

Monday, August 13, 2007

It Doesn't Have to Be Complicated

When looking at growing your expert practice, have you ever thought -
"I just don't know where to start. I could list in directories, but - which ones? And what do I list under? Should I do something to my website? What should I add, take away, or change? Should I try publishing articles or speaking at conferences? What about trade shows? Does direct mail still work? How about an email newsletter? Would press releases and media exposure help my expert practice? Do cold calls have any value?"

When looking at the various marketing options out there, I hear from many of you that the choices are just too overwhelming. I think that's why many experts end up just putting their time and money into the latest 'sounds good' offer to hit their email inbox. While one of my recommendations is to always track your marketing efforts and subsequent results (a topic ALL of its own), you can simplify the decision-making process even prior to that.

At its most basic, marketing your expert services is the process of making the attorneys who need your services aware of your availability and of the value of your expertise. It is effectively communicating (to the right audience) the four "C's" that attorneys are looking for in an expert consultant:

- Competence

- Credentials

- Communication Skills and

- Credibility

So to sum it up, marketing your expert services consists of three steps:

1. Identify the attorneys (types of cases handled, geographic area, etc.) who need your services.

2. Let them know you are available as an expert legal consultant.

3. Establish an identity and consistently reinforce your strengths in each of the four C's.

Yes, there will still be specific decisions to make. But once you really get the basic purpose of your actions, those decisions are not nearly as difficult.

Wednesday, August 01, 2007

Marketing Doesn't Have to Hurt


I frequently talk to experts who initially believe that experts shouldn't market. But as our conversation continues, it becomes clear that the foundation of that belief is a misunderstanding of what "marketing" is for professional service providers.

Marketing your expert services does not mean following some rigid set of defined steps and cookie-cutter actions. Some experts advertise, some don't. Many experts send out announcement postcards, while others mail newsletters, and still others (to their detriment) don't make use of their contact list in any way.

Your most successful marketing actions will be the ones that play on your strengths. If you are comfortable speaking to groups, look into CLE opportunities where you could speak on your area of expertise for attorneys who work on cases that involve those issues. Offer to make a a presentation for a section of your local bar association.

If you are more comfortable writing, then write articles about your subject. They don't have to be published in a legal publication. In our “Google” style world, an article published almost anywhere (academic journal, association publication, online newsletter, etc.) can increase your exposure and enhance your credibility.

Sum and substance - focus on what you are good at and comfortable with, and marketing your expertise becomes much less onerous and, dare I say it, even enjoyable.

Note: Rosalie would have my head if I didn't remind you that everything you say, write and do can and will be cussed and discussed and used against you by opposing counsel.


Thursday, July 26, 2007

Expert to Expert Advice Request

As I have said before, so many experts express frustration about encountering situations in the legal industry that they have no experience with in their own field and thus no guidelines. You, our readers, have been very generous in sharing your experiences and best practices with other experts, so on behalf of an expert who contacted me last week, I ask for your assistance.

Here is the question:

If an expert talks to one side in a case and, having heard some details about the case and perhaps done a bit of research, decides that in fact she cannot support that side's position...but she could support the opposition's side...is it unethical or otherwise looked ill-upon if that expert then accepts work for the opposing counsel on the very same (or other similar) case?”

Tuesday, July 24, 2007

Getting Paid for Your Work - Know the Local Statutes

As you may know, we have had an ongoing discussion about experts getting paid. How do you make sure you are paid? Should you require a retainer? If you aren't paid, should you sue the attorney? Can you refuse to hand over your expert report unless you are paid? Can you/should you require payment for services rendered prior to participating in a deposition or testifying in court?

In a recent email on this subject, an expert in California wrote, “I found out a few years ago that here in California, the attorney requesting the deposition is not required to pay the expert a week before or even an hour before!”


This was new to me, so I checked with Jim Robinson, an attorney in California and president of JurisPro Expert Witness Directory. He emailed me back with the applicable section from the California Code of Civil Procedure 2034.450, which says:

a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert's fee based on the anticipated length of the deposition, or tender that fee at the commencement of the deposition.

b) The expert's fee shall be delivered to the attorney for the party designating the expert.

c) If the deposition of the expert takes longer than anticipated, the party giving notice of the deposition shall pay the balance of the expert's fee within five days of receipt of an itemized statement from the expert.

The requirements for payment vary from state to state. As such, it is important for you to investigate and understand the applicable standards and laws in each state for which you might be called upon as an expert. It is also wise to double check any information you may hear from fellow experts, or even attorneys, regarding payment for your consulting and testimony.


Just as your CV,business cards and stationery, and website are key to establishing a successful expert practice, so are your engagement agreement, billing practices and collection policies. The more you know, the more you can do to protect your practice and successfully promote your expertise.

Thursday, July 19, 2007

Expert Witness Directory Time


July is the month when several expert witness print directories are published. My sister-in-law, Lisa, frequently checks our clients' listings and ads in both online and print directories and publications, and sent me some thoughts about the errors and omissions she frequently finds.

She suggests you check your online listings on a periodic basis (your information could have changed and need to be updated, or the computer gremlins could have attacked!), and examine your listings and/or ads in the print directories and publications as soon as they are published. If an error occurred on the part of the publication, you might be able to get all or part of your money back or negotiate for an extended run (with corrections of course).

Lisa recommends that you check for completeness (she often finds suite numbers missing), accuracy, and logic - did you include as many ways as possible for a prospect to reach you? If you have a website, did you include the address? Is your area of expertise clearly stated (in the terms an attorney would use to find you)?

If the publication lists experts by categories, are you listed in the categories you specified? Are you, heaven forbid, listed in any that you shouldn't be?

This is the time to check. I cringe when experts lose out on potential business due to minor typos and similar mistakes.

Monday, July 09, 2007

How Attorneys Vet Experts and Other Info


In their June newsletter, IMS Expert Services published an article by attorney Robert Ambrogi on How to Vet an Expert. He lists some valuable resources that you can use to check out the opposing expert or, even better, investigate yourself using the links he provides and see what information attorneys are reading about you.

One thread in the Rominger forum for expert witnesses has a couple of interesting "war stories" from experts. Hopefully you haven't insulted the judge as one expert thought he had!

Everyone who uses a computer and accesses the Internet or uses a network faces an increasing number of threats. Preston Galla of PC World has a list of 15 great, free security programs that will help you fight back.

Monday, July 02, 2007

Is Anybody Out There?


Am I the only one working? I've gotten more "Out of Office" automatic email responses and voice mail answers today than I've ever had. Heck, even the spammers seem to be on vacation.

If you are working (or pretending to) and experiencing the same thing, this might be an ideal time to evaluate your business development efforts.

If you are listed in any online directories, look at your listing with fresh eyes. Is everything accurate? Has anything changed or is there something that should be added or deleted? How effective has that particular listing been in producing inquiries?

How long has it been since you reviewed your website and marketing materials - are they current and accurate? Is your CV up to date?

When was the last time you sent out a mailing to your contact list? Remember, it doesn't have to be a big deal, a simple postcard will do - you just want to stay on your prospects' radar screens.

But, business aside, don't forget to take a few minutes to enjoy the fireworks, a cookout, and time with family and friends. Have a great July 4th!

Friday, June 29, 2007

Experts Can Sue and Be Sued


Jim Robinson's post on the Expert Witness Blog today is a must read. In Expert Witnesses Can Both Sue and Be Sued, Jim discusses issues from a key California case that probably are not known by most experts.