[Fredslist] Fw: [Expert Communications] Expert News March 2009

Fri Mar 27 16:00:40 EDT 2009

More reading for you, fellow experts.  Gerry

 Gerald M. Goldhaber, Ph.D.
President and CEO
GRA, LLC
800 6th Avenue, Suite 26G
New York, NY 10001
(212)379-6661 (O)
(917)279-2303 (Cell)
www.goldhaber.com

----- Forwarded Message ----
From: Expert Communications <expertcomm at earthlink.net>
To: geraldgoldhaber at yahoo.com
Sent: Friday, March 27, 2009 3:52:54 PM
Subject: [Expert Communications] Expert News March 2009

````````````````````````````````````````````````````````````
  Expert News
  The Practice-Building Newsletter for Expert Consultants
  March 2009
```````````````````````````````````````````````````````````` 

* Marketing Brief   Payment from Insurance Companies
* Training Center   Get More Business from Attorneys
* Expert Excerpt    What Not to Include in an Expert Report
* Bonus Tip         Check Your Phone Message

Expert News is published monthly by Expert Communications. 
We provide training tools and marketing materials, coaching and websites
for expert witnesses.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Marketing Brief
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
            Payment from Insurance Companies  

Below is a question I recently received from an expert witness about
payment from the attorney-client when an insurance company is involved. 
My response follows. Since I have heard of this problem from several
experts, I wanted to share it with you.

-------------------------

We are construction consultants -- architects and engineers. Often we
wait 5-12 months to receive payment from the insurance companies that
hired the attorneys that retained us. The attorneys we work for, repeat
clients, say “I’m sorry, but that particular insurance company is slow
in paying. You will just have to wait.”  Yet, we made our agreement with
the attorney [not the insurance company].

Any ideas on how to handle this all-too-common situation?

--My Response--

Slow payment from insurance companies seems to be the norm, though I
haven't heard often of THAT slow.  The good side is that insurance
companies and their attorneys rarely ever default on payment (unlike some
plaintiff attorneys), although I have heard isolated stories of their trying to
renegotiate the rates after the work is done!

Concerning your agreement with the attorney, this is YET ONE MORE
(Sorry) thing to cover in advance with the attorney -- whether you really are
contracting with him, or whether you are in fact contracting with the
insurance company. If the second, then perhaps the insurance company
should sign the contract, which should have provisions for late payment
penalties.

When the attorney is defending an insurance company, I would ask whether
payment will be coming from him or from them, and proceed accordingly.  

My caution is that defense work is sometimes more challenging to get
than plaintiff work, which is the bind you may find yourself in -- not
wanting to kick the cow that gives the milk.

I'm sorry I can't be more encouraging about this (common) problem.  You
might find some more advice in this expert pay discussion,
http://www.expertcommunications.com/epd.htm.  After I had laid down the
law on retainers and contracts, Alan Westheimer, CPA, kindly corrected me
that the same rules simply can't always be enforced the same with all
clients, including attorneys for insurance companies.

Best wishes to you, and keep on making your best effort to 1) protect
yourself with retainers and contracts, 2) bill frequently, 3) collect
diligently, and 4) have the courage to quit working on a case when an
attorney refuses to pay a bill that should have been paid.

Rosalie

---------------------------
(Rosalie Hamilton is the Expert's Expert on marketing. She is a
consultant, coach, outsourced marketing provider and the author of *The
Expert Witness Marketing Book* http://www.expertcommunications.com)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Quote
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

“The basic rule is that you don't argue the facts, you state the facts
so that they make an argument themselves.”

-- Joseph Cotchett

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Training Center
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
           *How to Get More Business from Attorneys*

Have you read *The Expert Witness Marketing Book* by Rosalie Hamilton
yet?  Here's what one reader had to say:

“I have read your book carefully twice and adhered to the principles and
my practice has flourished. I have all the clients I need and I am about
to raise my hourly rates next month. Thank you so much.” 
-- Forensic Architect

- Are you new? - You'll learn where to start.

- Are you struggling? - You'll learn successful strategies.

- Are you successful? - You'll learn how to be even more so.

“Finished your book last night. Came up with 39 things to do, check out,
revise, etc! Your ideas are, and will be, a big help. Thanks.” 
-- Investment Banking Expert

You *can* increase* your business by promoting your practice in a
professional manner using the required approach for the legal market. 
See more about what this book can do to increase your business at
http://tinyurl.com/5nf9lr or contact me, Meredith, for more details or
to place an order by fax, phone, or email (see contact information at
the end of this newsletter)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Expert Excerpt
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
        What Not to Include in an Expert Report

The only language that should appear in expert reports is language that
objectively states or objectively supports an expert’s findings and
conclusions. All other information is superfluous and should not be
included in the report.

Including superfluous language in a report is one of the most common
mistakes experts make. This mistake can cost the expert’s credibility
dearly. Superfluous language often provides fertile grounds for
cross-examination that can damage the expert’s credibility. The authors
recommend the following:

-- Avoiding “friendly” language to counsel that thanks them for the
assignment, invites comments or questions, or includes personal
salutations.

-- Not including speeches in the expert report that expose the expert’s
beliefs.

-- Making sure letterhead does not include references to being an
“expert witness.”

-- Cover letters accompanying reports should be short and formal. One
sentence is ideal.

-- Not documenting discussions with retaining counsel in the expert
report unless they are relevant.

-- Experts should self-edit their reports aggressively to remove all
superfluous language.

Certain words will raise red flags with an attorney whose job it is to
undermine an expert, her credibility, and her opinions. These words
should be avoided.  Some examples are:

-- “Authoritative” to describe a text. This term has special legal
significance that may allow a cross-examining attorney to question the
expert about everything in the text.

-- “Draft.” This term alerts counsel to the existence of prior or
subsequent reports that are usually extremely fertile grounds for
cross-examination.

-- “Work product,” “confidential,” or “privileged.” These terms make it
appear as though the expert is trying to hide something.

-- “Probable” and “possible.” Experts should avoid these ambiguous
words.

-- “It seems,” “could,” “apparently,” “I believe,” and other hedge
words. It is always better to use confident language.

---------------------------
Excerpted from *Writing and Defending Your Expert Report* by Steven
Babitsky, Esq., and James J. Mangraviti, Jr., Esq.  For more red flag
words and expert report guidelines and examples, check out their book at
http://tinyurl.com/ccb4kr 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Legal Levity
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Reported by The Murfreesboro Post (Tennessee) in an article on
interesting excuses offered by speeding drivers:

“Murfreesboro Police spokesman Kyle Evans, a former traffic officer,
said he stopped a man and inquired about the reason for speeding. “The
reason I was going so fast is because I couldn’t see the speedometer,”
the driver said. Evans peered inside the car and the speedometer
appeared fine. The driver explained. “Sir, I had my head so far up my
butt there’s no way I could possibly see how fast I was going,” the
driver said. “After a few short laughs and a warning citation, he was on
his way,” Evans remembered. “It was the most original excuse I’ve heard
in my 10 years as a traffic officer.”

(seen at http://www.legaljuice.com )

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Bonus Tip
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Take a watch with a second hand, call your own phone, and see how long
it takes to actually leave a message. In some cases, it's over a minute,
and business people aren't going to wait that long. (No one cares where
you are and it's obvious you can't answer the phone since we're hearing
a recording. Skip the obvious and superfluous and get to the beep. We
all know the drill.)  

-- Alan Weiss – Balancing Act Newsletter

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Note from Meredith
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Whew!  I have just completed a cross-country move from Florida back home
to Dallas, Texas. (Mom/Rosalie is still in Florida). It was quite an
adventure (think three days on the road with two cats in a moving
truck).  

So thank you to all who responded to our latest Help This Expert
question about getting paid for preparation time. Now that I’m settling
in, I will compile all of the responses and send you a link to the
compilation sometime next week.

Best wishes,
Meredith

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Fine Print
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Expert Communications
Expert Witness Marketing & Training
140 Island Way, #288, Clearwater, FL 33767
Tel 727-467-0700 Fax 727-467-0800
meredith at expertcommunications.com

*Expert Communications* - We provide expert witness training tools and
coaching, and create marketing plans, materials and websites for expert
witnesses.

Find additional articles and resources for experts at
http://www.expertcommunications.com 

If you would like to share this with friends and colleagues, please feel
free to forward it (including the copyright notice).  Or, invite them to
subscribe to Expert News so they receive their own.

Sign up to be notified by email about new posts at Meredith's blog - 
http://www.expertcommunications.blogspot.com/ Check out the archives and
post your own comments while you're there!

Remove yourself from future email here:
http://i.ms00.net/remove?experts:*:1238182789.84760:geraldgoldhaber@yahoo.com:e

This message was sent to geraldgoldhaber at yahoo.com
X-PMG-Recipient: geraldgoldhaber at yahoo.com

pmguid:4n.by8d.dpg

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://www.gothamnetworking.com/pipermail/fredslist/attachments/20090327/be3592f4/attachment.html