Therefore be wary of anyone advertising 'expert witness' services - as that is not up to them at all. Just because you were given expert status one time doesn't mean it will be given the next time.
Well stated, your post really sums up the situation. In many cases your "expert" status will be argued by two attorneys, neither of which represent you. Expert witness status is truly temporary, not a lifelong title.
In many cases your "expert" status will be argued by two attorneys……
That maybe so in US, not apparent in the UK. In most cases over here a person instructed to provide opinion on evidence submits their details. From a criminal case defence aspect the solciitor will decide firstly from information supplied and pass a copy to Counsel. If person is acceptable then any concern if at all about an expert or witness will be addressed at court. There is a notable case over here about experts - R v Luttrell & Ors [2004] EWCA Crim 1344.
Expert witness status is truly temporary, not a lifelong title.
Agreed - no one lives forever, people retire and so on. But at no point in my experience has a statement been issued that once an expert has given evidence you go back into what you were doing, you can't promote you have been an expert or expert witness and you will have to prove yourself again next week. That doesn't mean you wont have to demonstrate your competence of the subject matter, of course, but the legal system doesn't take away skill and experience of being an expert or expert witness or the rights of an individual to provide that service again.
I suppose it is semantics, but I'm careful how I claim to be an "expert". If I bill someone for expert witness services, and a judge declines it, do I offer a refund?
When I say temporary, I mean for the duration of your testimony in the case where you are declared an expert. I have no problem saying that I have been an expert witness, that's a fact, but the next time I go into court, I'm not an expert witness until the judge says I am.
I suppose it is semantics, but I'm careful how I claim to be an "expert". If I bill someone for expert witness services, and a judge declines it, do I offer a refund?
When I say temporary, I mean for the duration of your testimony in the case where you are declared an expert. I have no problem saying that I have been an expert witness, that's a fact, but the next time I go into court, I'm not an expert witness until the judge says I am.
It was me, Greg, my brain had not clicked-in on the above -).
After I had posted, one matter I missed, which is not too dissimilar to what you are saying. At one time in the UK (late 1980s to mid-1990s) the court would from time to time hold a voire dire (trial within a trial) and experts and witnesses turned up for cross-examination to be assessed fit for purpose. It is not heard of now as a frequent event, but occasionally I hear such and such a person was in a case where it happened.