Experts: What's Voir Dire?

In terms of health law, #VoirDire is a Latin term that is defined as a preliminary examination of a witness or a juror by a judge or counsel.

I have been examined, interrogated, and accepted as a prospective expert witness on cases about #managedcare, #contracts, #MSO, #IPA, #ACO, and #PHO creation, operations, successes and failures, antitrust, and business development matters. This is very different than simply claiming to be an expert here on LinkedIn. One can make claims about their expertise and say whatever they want here on LinkedIn and on their websites and group spaces on LinkedIn, but convincing a judge, jury, or other experts of one's expertise and credibility is a totally different matter.

So what's the difference in claiming and substantiating one's expertise?

Voir dire is?the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties' lawyers in front of the judge (in chambers) and maybe the jury right from the witness stand. The judge and attorneys for both sides ask potential witnesses questions to determine if they are competent and suitable to serve in the case.

Unlike jury selection voir dire, the process can be stressful.

The process shouldn't, but can be somewhat acrimonious. An expert takes the side of truth and transparency, not the case of the one who's paying them. Take sides and you'll never be called upon for future cases. Take too many expert cases and you become labeled a "hired gun".

If the one lawyer is given to histrionics as was the situation in my first experience, it can take all day, too! This is why I charge by the day for my time on the case, and my travel, up front.

Mr Histrionics took my whole week and locked me up in the club level floor of the Downtown Marriott in Philadelphia, with my credit card on the hook, and with my credit card tied up for my airfare and expenses. Then, he lost the case and never paid me.

Worse and even more dishonest, he signed my expert witness agreement at the 11th hour knowing full well that his firm was to dissolve at midnight and that he was moving to a new firm. So, on top of everything else, when he lost the case, he called me, blamed me for losing the case (attorneys lose cases, not experts) and never paid me. A small consulting firm cannot afford such treatment and outcomes. Worse, he paid all the local experts because he had to look them in the eye going forward, but not the expert he could not source locally who flew in from Denver. I swear now, when I see the name of his new firm in the news, my eyes roll back.

So if you hold yourself out to be an expert, think long and hard about using terms like litigation support and expert witness testimony when listing the services you offer. It may seem glamorous to be accepted as an expert in a case that will likely be published in the bar review.

I have very little time these days to take on expert witness cases, but when I do, I tell them I am willing to review the case and write a report, but that I am unavailable for trial work. I don't want it, I don't want to spend my time like Rapunzel, looking out over the city waiting to be called down to come to the courthouse for a week.

And, if the attorney tells you that he/she cannot pay you a retainer deposit up front and your estimated expenses, in full, because if the other side's attorney asks if you've been paid in advance for your testimony, HANG UP! That's nonsense. Don't put up with it.

Be ready to prove your expertise and like Mama said, "Ladies are always otherwise committed, even when they aren't." You can always have something else you need to be doing like mowing the lawn, or filing your nails. If the attorney who wants you to testify as a witness wants you to take risk for your services, time, expenses and your billable hours, find something else to be doing.

IF you are a proven expert, charge for records review, calls, faxes, emails, research, meetings, flying time, waiting time, and more. And charge by the hour for voir dire; not just testimony time. You could do all your work and they could settle on the courthouse steps and you would never get to voir dire, may never get to testify, your name may never get published in the law review, and you may never have anything to show that you went through and passed voir dire, and then be stiffed on your bill.

And never forget to reward those who treat you right, either.

Maria K Todd, PhD MHA

AskMariaTodd?

(800) 727 4160