I’ve referred expert work to some of the best clinicians I know. Smart, thoughtful, and excellent with patients. But more than once, I’ve had an attorney call me afterward, frustrated.
Not because the medical opinion was wrong.
Because the expert made a basic process mistake.
They overstepped their scope.
They disappeared for two weeks without responding.
They sent a massive invoice without warning.
That’s why I started teaching medical professionals how to do expert work the right way. These are avoidable errors. But without training, even great clinicians make them. And once they do, the referral often ends there.
Here are three mistakes that I have seen firsthand that gets experts removed from attorney contact lists, and what to do instead if you want to keep getting rehired.
1. Poor Communication
Attorneys have deadlines. They are juggling multiple cases and need to know they can rely on you. When you delay your response, by even two or three days, they may already be working with another expert.
Being responsive does not mean sending long explanations or detailed updates. In fact, do not include your medical opinion in writing unless the attorney has explicitly asked for it. Emails is for logistics, not conclusions.
Stick to:
- Scheduling
- Billing
- Clarifying expectations
Here’s what good communication looks like:
- “Thanks for reaching out. I’m available Thursday at 2 PM to discuss.”
- “I received the records. I’ll review and send my availability for a follow-up call.”
- “Please confirm if you’d like me to proceed past the initial retainer.”
You do not need to overexplain. You do need to stay in touch.
If something comes up that will delay your review, say so. Attorneys don’t mind a delay if they know what to expect. They do mind being left in the dark.
Here is what to do:
- Respond to new case inquiries within 24 hours
- Confirm deadlines, deliverables, and scope
- Let the attorney know if anything changes
Even a short email like, “Got it. I will review and circle back by Friday,” keeps the relationship strong.
Do not ghost. Do not leave them wondering. Do not assume they will chase you. The experts who get called back are the ones who treat this like a business.
Because it is.
2. Surprise Bills
This one is avoidable but so common. An attorney sends a retainer check for five hours of work. You review the records, log 15 hours, and send a bill.
From your side, the work was fair. From their side, it was unexpected and hard to justify.
If the scope of work changes, stop and ask. Let them know you received more records than expected and want to confirm before proceeding. This gives them a chance to manage their budget and expectations.
A simple email works:
“I received over 2,000 pages of records. My estimate is closer to 12 hours. Would you like me to proceed?”
This builds trust and shows respect for their budget and process.
3. Overstepping Your Expertise
You do not need to prove how much of everything you know.
You do need to know where your scope ends.
If a case involves something outside your recent and substantive clinical experience, say so. That includes diagnoses you have not treated recently or procedures you no longer perform.
Attorneys want experts who are clear and confident in their boundaries. When you stretch beyond that, your testimony becomes easier to challenge. The risk is not worth it.
If you are unsure, ask yourself: Would I feel comfortable defending my direct clinical experience with this topic in court?
If the answer is no, step back.
Final Note
Most experts do not lose future work because of the details of their medical opinion.
They lose it because of how they managed the case.
If you want attorneys to call you again, avoid these mistakes.
Stay in your lane. Communicate early. Be transparent about your billing.
I cover all of this in my Beyond Basics for Becoming a Medical Expert Witness course. It’s built for clinicians who want to get this right from the start. Because once an attorney loses confidence in you, it is hard to rebuild.
Start strong. Protect your name.
🔗 Check out our Flagship Course Here.
About the Author
Amy Fogelman, MD, is a Board-Certified Internist with 20 years of experience and a leader in expert witness education. She founded High Rock Experts®, connecting over 700 medical professionals with attorneys, and High Rock™ Academy, where she empowers experts with the tools to excel while upholding ethical practices.
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