Expert Witness Marketing Article by SEAK, Inc.
Expert Witness Marketing

The 10 Biggest Marketing Mistakes Experts Make and How to Avoid Them
By Alex Babitsky, MBA and Steven Babitsky, Esq.
©2005 SEAK, Inc.

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Executive Summary

Experts spend years developing and maintaining their area(s) of expertise, yet many experts do not spend adequate time developing a plan to market their expertise. The most successful experts treat their expert witness practice as a business and develop a marketing plan after consulting with those with experience in the field.

Mistake #1 Failure to Track New Business

The most fundamental marketing mistake experts make is failing to track where each and every new assignment comes from.

Action Step

Experts who want to increase market share are advised to develop and utilize a simple tracking system which tells the expert what the source of each new assignment is.

Mistake #2 Failure to Identify Your Market

Experts who fail to identify where the most likely source of new business is, make a serious marketing mistake.

Action Step

Experts need to specifically identify who their likely clients are and how and where they can be reached.

Mistake #3 Not Contacting Current and Past Clients

Experts who fail to contact current and past clients are missing a significant marketing opportunity.

Action Step

Develop a database of current and past clients, contact them and ask them directly for additional work.

Mistake #4 Speaking at the Wrong Places

Experts who speak at conferences of their colleagues are generally not marketing effectively.

Action Step

Speak at conferences and meetings of lawyers and other potential clients who can retain you directly.

Mistake #5 Lack of 24-7 Marketing

Experts who set aside a small portion of their time and effort to do “marketing” are missing the 24-7 marketing opportunity.

Action Step

Market yourself and your practice 24-7 with superior service, reports and testimony.

Mistake #6 Failure to Advertise

Experts who fail to advertise due to a perceived “stigma” or lack of budget are making a major marketing mistake.

Action Step

Develop a cost-effective, professional, dignified advertising plan and implement it.

Mistake #7 Writing for the Wrong Audience

Experts who write exclusively in their professional journals for their colleagues are missing a substantial marketing opportunity.

Action Step

Experts should identify and write for publications for lawyers and other clients who can retain them directly.

Mistake #8 Failure to Write Excellent Reports

Experts who do not write superior reports fail to realize a significant marketing opportunity.

Action Step

Experts who realize the number of people who read their reports, including opposing counsel, and the marketing significance of a well-written report, make the effort to write excellent reports.

Mistake #9 Failure to Thank Referral Sources

Experts who fail to thank referral sources are missing an opportunity to ensure a continuing stream of referrals.

Action Step

Experts should acknowledge and thank all referral sources in writing, e.g. “Thank you for the confidence, you have shown in me….”

Mistake #10 Failure to be Accessible

Experts who are not readily available to talk to new potential clients are making a fundamental marketing mistake.

Action Step

Experts need to make themselves available and accessible to potential clients who may have an immediate need to consult with and retain an expert witness.


Experts who wish to control and increase their expert witness work should set aside the time, budget and effort to develop and implement a simple, direct, effective marketing plan.


Alex Babitsky, MBA is a Partner of SEAK, Inc. Mr. Babitsky received his MBA from Northeastern University and a BS degree from the University of Massachusetts. Mr. Babitsky deals with expert witnesses and the attorneys who retain them on a daily basis as the Product Manager of SEAK’s Expert Witness Directory, SEAK’s National Directory of Independent Medical Examiners, and SEAK’s National Directory of Medical File Review Consultants. Mr. Babitsky consults regularly with experts of all fields on the subject of expert witness marketing. He is on the faculty for the Annual National Expert Witness Conference and his publications include: How to Market Your Expert Witness Practice: Evidence-Based Best Practices, 2009 National Guide to Expert Witness Fees and Billing Procedures, 2004 National Guide to Expert Witness Fees and Billing Procedures, The A to Z Guide to Expert Witnessing and What All Physicians Considering Starting an IME Practice Should Know.