Entire Issue - National Association of Legal Assistants

Experts on the Internet
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provided information about that expert. The experts themselves
often list the names of the attorneys with whom they
have worked in the past on their Web sites—or you can simply
ask the expert for a list of references.
Don’t Get Bitten
An expert is retained based largely on an educated guess.
You cannot predict with any certainty whether the expert will
be effective at trial, or how the expert will analyze the intricacies
of the case. Once a potential expert witness has been located,
however, you can research that expert’s past to see if there
are any skeletons in their closet.
• Has the Expert’s Opinion Been Consistent
in Public Forums?
It is important to learn if an expert’s opinion has been consistent
in public forums, such as at conferences where they
spoke, in online discussion groups (both the expert’s messages
to the group and any references to the expert in a discussion
group), the expert’s personal Web site, or even a Web site other
than his or her own. Searching for an expert using a search
engine may capture these extra nuggets of “public” information.
• What does the Expert Say at Conferences?
By typing the expert’s name into a general-purpose search
engine on the Internet (e.g., Google), conference papers and
even their PowerPoint presentations used at conferences can
sometimes be found. To limit your search to PowerPoint presentations
only, go to www.google.com and click on the
“Advanced Search page.” Enter your search (e.g., the expert’s
name) and then select the File Format “Microsoft PowerPoint.”
• Has the Expert Been Active in
Usenet Discussion Groups?
Besides using a search engine to learn an expert’s opinion on
a particular topic, you can also search postings made by the expert
if he or she participated in a usenet discussion group. These postings
are searchable in Google Groups (http://groups.google.com),
a feature that is separate from Google’s general-purpose search
engine. It contains over 750 million posts dating back to 1985.
To find the expert’s postings, users should conduct two
different types of searches on Google Group’s Advanced Search
page (http://groups.google.com/advanced_group_search). First,
search the expert’s name in the “author” field and second,
search by the expert’s e-mail address in the “author” field. You
might also learn what opinions others have about the expert by
searching the expert’s name in the “key word field” (either in
the “with all the words” box or the “exact phrase” box).
Keep in mind that many people have more than one e-mail
address, so try to discover all of them to conduct a complete
search. Also keep in mind that some people surf anonymously
or with pseudonyms, so you may find nothing. Finally, remember
that many people share even the most unusual of names.
Google Groups may also be used to search by topic to find
experts or lay-people who have encountered the same situation
as your client (e.g., “Firestone tires” may be entered as a search
term into Google Groups to find others who have encountered
serious problems with treads that have separated or to find
experts who have been involved in tread separation lawsuits).
• The Expert’s Web Site – Goldmine or Landmine?
An expert’s own Web site should be carefully reviewed prior to
retaining the expert. If a search engine did not locate the expert’s
Web site, try simply entering the expert’s name or company name
as a dot.com (e.g., expertname.com). Many experts post their full
curriculum vitae, litigation experience, speaking engagements, references,
memberships and professional organization affiliations, articles
and/or newsletters on their sites.
When reviewing an expert’s Web site, keep in mind that
opposing counsel can do so as well. Be aware that experts’ Web
sites are sometimes little more than self-promotion, so tread
carefully. Is there anything embarrassing or contradictory on
the site? Does the expert pronounce that he or she “is the
leader in the industry” or put forth similar bravado that could
affect how the jury perceives the expert? Imagine how the jury
would react if the pages of the expert’s Web site were displayed
as exhibits at trial—they very well could be.
• Ever been in trouble?
It is also important to determine if an expert has been
reviewed or disciplined by their jurisdictional licensing boards.
Although not a free search, Idex (www.Idex.com) has created a
searchable database for this purpose. To access this database, one
must be an Idex member and a defense attorney (or work on
behalf of a defense attorney). Also, check the licensing agencies in
the state where the expert is licensed and search their professional
association’s Web site for any discipline or malpractice information.
• You wrote that?
You cannot depend on the expert to have posted all of his
or her published works on their Web site; you must search on
your own. For a nationwide search of newspaper or magazine
articles written by (or about) your expert, you’ll need to use a
pay database such as Lexis or Westlaw. The Internet is a perfect
resource, however, to access an individual newspaper or magazine
(or a local newspaper or magazine that may be too small
to be included in Lexis or Westlaw).
A list of newspaper URLs can be found at www.ceoexpress.com.
A free search engine for finding and obtaining the full-text of articles
is FindArticles.com, which contains articles from more than 300 mag-
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FACTS & FINDINGS / AUGUST 2003