The ability to conduct a successful client-expert interview is a skill every expert should cultivate and improve. While these interviews are an opportunity for the attorney-client to determine if the expert is a good fit, it is also an opportunity for an expert to determine if he meets the necessary qualifications and is interested in the case.
Given the gray areas involved in determining a conflict of interest, experts should be especially careful in their conflict checks. Failing to recognize a potential conflict can not only damage an expert’s reputation, it can also affect an expert’s ability to obtain future business. According to Cordy v The Sherwin-Williams Co., the attorney representing the case may also be disqualified for not delving into the expert’s past or revealing the conflict.
For these reasons, you should consider your financial, professional and personal relationships with each of the parties involved.