Expert Witnesses: Researching Factual Experts to Use in Litigation

Posted May 13, 2008.
Prepared by Kelly Aldrich.

Often in litigation, lawyers must turn to expert witnesses to help demonstrate and provide foundation for the factual bases for their clients’ claims or defenses. For example, in a medical malpractice case, a physician is needed to testify to the standard of care expected in the industry. Or, when suing a condominium developer, the plaintiff needs a construction expert to testify as to the nature and extent of the construction defects.

To find an expert, one might first ask colleagues for recommendations. Or, you might start with a general search on a search engine, including the phrase “expert witness,” the area or category in which you need an expert (e.g., “construction”), and, if relevant, the geographical area (e.g., Washington state or Seattle).

Outlined below are books, free websites, and subscription databases that offer information on expert witnesses, both generally and in specific categories.

See also the Gallagher guide on Jury Verdicts, Settlements, Judgments and Liens.


Books

A Litigator's Guide to Expert Witnesses, 2006. KF8961.K84 at Classified Stacks

The National Directory of Expert Witnesses. KF195.E96N38 at Reference Area. Available online.

The Lawyer's Guide to Fact Finding on the Internet, 3d ed. KF242.A1 B63 2006 at Reference Area

For more books about expert witnesses, search the Law Library catalog by the subject Evidence, Expert--United States.


Websites

Martindale-Hubbell Directory of Experts & Legal Services

National Law Journal’s ALMExperts
Claims to be the “leading” expert directory with 15,000+ experts, expert witnesses, investigators, court reporters, consultants, and litigation support professionals.  (Also available on Westlaw; see below.)

JurisPro
A professional marketing company that maintains a free online directory of expert witnesses for the legal community.

FindLaw
Generally, FindLaw claims to be “the highest-trafficked legal Web site, providing the most comprehensive set of legal resources on the Internet for legal professionals, corporate counsel, law students, businesses, and consumers.”

LERN
“The mission of the Expert Witness Network is to link attorneys and expert witnesses via the World Wide Web by using online technology to reduce the time and costs associated with locating the best expert for a case. Our expert witness directory and database has over 2000 full length expert witness CV's.”

National Directory of Expert Witnesses
Note from website: The experts and organizations included in the directory pay a fee for their listings.


Commercial Services

ExpertPages
A privately funded directory of expert witnesses in a variety of fields.

ExpertLaw
Includes expert witnesses for civil, criminal, medical, and regulatory matters. Browse by expert witness categories, or search for an appropriate category of expert.

The American Association for Justice’s Exchange’s Expert Database
Provides information on plaintiff and defense expert witnesses nationwide including, if available, the names and addresses of American Association for Justice members who used or faced them and the experts' CVs.

Idex.com
Claims to research the background of expert witnesses. Boasts a network of over 4,400 member law firms, insurance companies, corporations, and government entities.

Verdict Search
Includes verdict and expert witness information.

Daubert Tracker
Provides litigators, judges, legal researchers and testifying experts with “fingertip” access to information associated with reported and unreported “evidentiary gatekeeping” cases. The product tracks cases from both federal and state jurisdictions going back to 1993 and is updated daily.

LexisNexis

  • Martindale-Hubbell(R) Law Directory - Experts & Services. Legal > Area of Law, By Topic > Litigation Practice & Procedure
  • Expert Admissibility. Legal News > Mealey's Legal News (Full-Text). Provides multiple ways to get to the Expert Admissibility source, including clicking on the Find a Source tab and entering “Expert Admissibility” in the search box.
  • Expert Witness Transcript Excerpts. Legal > Area of Law, By Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts > Transcripts, Briefs and Motions
  • Expert Witness Transcripts. Legal > Area of Law, By Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts > Transcripts, Briefs and Motions
  • Federal and State Expert Witness Filings, Combined. Legal > Area of Law, By Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts >Jury Verdicts & Experts
  • LexisNexis Expert Witness Summaries. Legal > Area of Law, By Topic > Litigation Practice & Procedure > Find Briefs, Motions, Pleadings & Jury Verdicts > Jury Verdicts & Experts

Westlaw: Litigation > Expert Witnesses

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By Subject

Authoratory
A privately funded search engine intended to help visitors to find experts in the specific areas of life-sciences, including chemistry, biology and medicine (still under development as of May 2008).
 
Field Website Westlaw
Attorneys ExpertLaw: Experts and consultants in the field of legal malpractice help evaluate when lawyers have engaged in misconduct or violated their duties to clients, addressing such issues as standard of care, ethics, and attorney fee and billing disputes.  
Business & commercial   Business and Commercial Expert Witness Filings (BUS-EW-DOCS)
Employment & labor   Labor and Employment Expert Witness Filings (LB-EW-DOCS)
Insurance   Insurance Expert Witness Filings (INS-EW-DOCS)
Intellectual Property   Intellectual Property Expert Witness Filings (IP-EW-DOCS)
Maritime   Maritime Expert Witness Filings (MRT-EW-DOCS)
Personal injury   Personal Injury Expert Witness Filings (PI-EW-DOCS)
Physicians & healthcare American Medical Association West's National Physician Directory (PHYSICIAN-DIR)
Real property   Real Property Expert Witness Filings (RP-EW-DOCS)

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Washington State

Jury Verdicts NW
Often includes names of expert witnesses. Available on Westlaw (JVN-JV) and via separate subscription.

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