— The Council of American Master Mariners, Inc. —
Witness Registry
Are You Truly an Expert?
Expert Witness Basics
This is the ship master's greatest problem. Am I truly and expert is this particular area? We ship masters have faces so many situations in our careers, we tend to think we are experts in everything nautical. This is a big mistake. Once you've faced off against a good attorney representing the other side, even on subjects you thought you were good at much of your like, you'll find out how quickly they can maneuver you to appear to be a fool. In particular, stick to the type of vessel with which you've had the most extensive experience.
Most of the business our there today is in recreational boating. If you haven't played with boats on your time off since you were a kid, don't try this field. As an example, one expert witness once wore a National Cargo Bureau tie with a plimsol line on it when testifying in a recreational boating case. A very sharp attorney on the other side pointed out to the judge the tie, forced the witness to explain what a lubber's line was, and in no time was disqualified as being "big" ship oriented.
Keep your Cool
You must have a "long fuse" when appearing either at a deposition or in court. The opposition's lawyers will do their best to get you annoyed. Once you lose your cool, your testimony is useless. If you are out of the foc'sle, they'll point out your lack of academic education. If you're from an academy, they'll point out you have no practical experience on deck.
Video depositions are particularly difficult for the novice expert. Once must look directly into the lights and camera, because in reality, you are talking to the jury. As you can't look into the eyes of the attorneys that are questioning you, it's like playing poker without being able to look at your cards.
Keeping Appearances
Your appearance is critical. When testifying in a recreation boating case, wear a navy blue blazer with a fancy yacht club's medallion on in. If testifying in a big ship case, wear a commanding dark suit and "school" tie.
Your accent is critical as well. Avoid testifying in the South is you have a Brooklyn accent. Conversely, if you have a Southern accent, avoid testifying in a suburban county in Connecticut.
Stick to your beliefs
Don't say anything you don't truly believe in. Attorneys may want you to stretch your realistic seaman's viewpoint further than you wish to go. As long as you stick to the truth as you see it, no one can shake you.
Getting Paid
Lastly, always get paid in advance - $1,000 down to start. Use a good contract, holding the attorney engaging you responsible for paying your fees. Attorneys tend to try to pass the fees on to their clients, and you have no control of their clients. Depending on where you live, don't work for less than $145/hr. Charge for a full day as a minimum, for depositions or court testimony. If you do an outstanding job on the deposition, the case will settle and you'll not go to court. Your work will then stop the case. That is why you need to get a greater fee for depositions.
Don't believe you can make a living at expert witness work. It's too sporadic. It is a good supplementary income. There are many "brokers" out there with whom you can list your experience. They add a commission on to your rate. Once you list with them, you cannot accept additional work on another case directly from the same lawyer. You need to let your broker now, as he wants to collect a commission. You have to monitor the brokers carefully. As they get your fees first, they often hag on to it for 30 days before they pay you. You are actually providing a loan to them. They think nothing of using your money as part of their cash flow.
Words of Wisdom
One other caution: when an attorney is shopping for an expert, he/she calls you in a very confidential tone and tells you a story outlining the case. You'll then be asked what you think about the case. Only give him your name, rank and ID number. He may then call two other experts in the same fashion. By the time he's done, if everyone tells him too many sea stories, he won't need any of you. Just tell him whether of not you can handle the case. If you can, suggest he send the case for review at your regular rate.
Occasionally, when the case is quite flagrant and you don't feel the side that wants you has a chance, offer to review the case as a Devil's Advocate. You can then collect a fee for telling the attorney what is wrong with the case.