Litigators can use the internet as a helpful tool for researching both potential experts and experts designated by opposing counsel. Simple search engine research can often lead to articles and websites featuring an expert. Blogging has become popular and a growing number of medical experts maintain their own websites that discuss the expert’s specialty. Blog entries and website articles can enable attorneys to learn more about a particular damages or liability issue. They may also provide a basis to challenge an opposing expert’s opinions at deposition or trial where the expert expresses an inconsistent opinion.
Industry associations are another useful information source for researching experts. Organizations, such as DRI and TIDA offer electronic expert databases to members allowing for a fast exchange of information. A number of private websites, including Daubert Tracker also provide background information, including prior trial testimony, to users for a fee.
Adverse experts who specialize in a particular subject may post articles they have written on their websites explaining their views on subjects that may be relevant to your lawsuit. For instance, the surgeon who has written that rotator cuff injuries are usually chronic injuries caused by wear and tear over many years may be questioned effectively on that opinion when offering the view in pending litigation that a rotator cuff injury was the result of trauma. Where there are emerging issues and disagreements within the discipline, it may also be helpful to review the expert’s published articles to explore for inconsistencies.
