In court, cases often come down to the “battle of the experts” and the credibility and character of experts can make or break a case. When you need an expert witness for your case, where do you turn?

• The facts of your case will determine which type of expert or experts will be required. Case law has repeatedly ruled that people who are skilled in their particular fields can be designated as experts if their knowledge, experience, training, or education is relevant to the case and can help the judge or jury. 
• Experts are used in civil and criminal cases, and in almost any field or specialty, covering disciplines in various legal sectors like products liability, intellectual property, employment, industrial, personal injury, construction, financial, taxes, and more.
• For example, if you need an expert in bread making for a case involving an illness, a person who has a degree in food science, has published in relevant industry journals, owns patents to novel ingredients, and worked in the industry for over 20 years, would likely be accepted as an expert.

Whether you need an oncologist, a mechanical engineer, a statistician, or a meteorologist, a good first stop is to try the online legal platforms you likely know well, Lexis and Westlaw. Lexis Context provides almost every specialty one could imagine, lists members in the field who’ve been involved in expert witness work, and whether or not they have a plaintiff or defense leaning. There is also a section for Daubert challenges and case opinions. If you don’t have access to Context, the Expert Materials section Lexis should have comparable information presented in a slightly different format.

Another good choice is Westlaw Expert Materials which allows you to search by state or specialty, and you can limit by document type (transcript, CV, report). One good way to use both of these databases is to create a search for your relevant terms and look at case opinions, discovery, and trial court documents to see who is listed as an expert and who is on the opposing side. Such online resources are good places to build an initial list of expert witness candidates. But that is just the first step---those candidates must undergo rigorous additional vetting.

Other options for potential candidates are online witness databases with experts listed that can be searched across different specialties, e.g., SEAK (covers wide variety of specialties), as well as specialty-specific sites, e.g., ARCCA for technical disciplines, such as biomechanics, failure analysis, etc. Some groups require a fee, but many are no cost. Social media such as LinkedIn can also be a good source to check – think what kind of company the expert you need would be employed and search on those types of businesses.

If you are not happy with your online search tool results, check the professional networks and associations in the relevant industries. The people in leadership positions are often those who are active and involved in the industry. Look for industry newsletters, blogs, online articles, or books by those in your field. The authors are likely specialists on the topic and may be a good fit. Depending on your timeframe, you may be able to attend a conference or seminar in the specific area needed. Speakers at conferences will already have experience in talking to a group so they shouldn’t be daunted by a jury.

Another good pool of potential candidates is the academic institutions across the country. Professors and researchers will not only be knowledgeable, but also have experience teaching others about the field. Be sure to consider the trade and vocational / technical schools as well to cover certain areas of expertise. The technical education teacher will likely have the knowledge you need, as well as training in the topic, and be a good educator to explain concepts to a judge or jury. You may also need to confirm if their institution has a policy about extracurricular work.

Don’t forget about referrals. If you reach out to potential candidates and they cannot work with you, be sure to ask if they know someone who can. They are already in the niche you need, so maybe one of their colleagues can assist. Speaking of colleagues, check with others in your own firm, or a firm with whom you work, who may have had similar situations and ask for a referral. It’s always nice to have a name to mention when you contact the possible expert.