The email arrives on a Tuesday afternoon. An attorney has a case involving post-operative care in a cardiac ICU, and your name came up. "Are you available to review? Please send your CV, fee schedule and a list of prior testimony."
You have dreamed about this moment. You also realize you do not have a fee schedule, your CV is three jobs out of date, and you are not sure what a "list of prior testimony" should look like.
Saying yes to your first case is exciting. Saying yes before you are ready can be stressful and, in some cases, can hurt your credibility before you start. Here is how to know whether you are ready.
1. Your credentials match the case
Expert opinions on the nursing standard of care carry weight when the expert's background lines up with the care in question.
Ask yourself:
- Is my RN license active and unrestricted in every state I list?
- Are my certifications current, with dates I can verify?
- Does my experience match the setting, patient population and time frame of the events? The standard of care is judged as of the date the care was given.
- Do I meet the qualification rules where the case is filed? Many states have specific requirements. South Carolina, for example, looks at licensure and active practice or teaching in the relevant area. See S.C. Code Title 15, Chapter 36, section 15-36-100.
If the case is outside your lane, the most credible answer is a polite "this isn't a match for me." Attorneys remember experts who are honest about fit.
2. Your documents are ready to send
Before the first case, have these ready:
- An expert witness CV, not a job resume. Exact month and year for every role, unit and specialty, certifications with dates, and no license numbers.
- A fee schedule covering retainer, review, report writing, deposition, trial, travel, expenses, cancellation and payment terms.
- A retainer agreement template, reviewed by your own attorney.
- A testimony list. In federal cases, a retained expert's report must list other cases where the expert testified at trial or deposition in the previous 4 years, plus publications from the previous 10 years. See Federal Rule of Civil Procedure 26(a)(2)(B). If you have no prior testimony, your list simply says so.
- A W-9 and an invoicing system, with detailed time tracking.
3. You have a process for each new case
Conflict check
Before you accept, check the parties, facilities, providers, insurers and law firms involved. If you have any connection, decline or disclose it.
Your plaintiff and defense split
You will likely be asked what percentage of your work is for each side. Keep a record so you can answer honestly.
Employer policy
Some employers limit outside expert work or testimony involving their own facility. Check your policy before you begin.
Professional liability
Ask whether your current coverage includes consulting and expert work, or what you would need.
4. Records are handled securely
You will receive protected health information. Plan for it:
- encrypted storage and secure transfer,
- no patient information in texts or personal email,
- a clear plan to return or destroy records when the case ends, as agreed in writing.
HIPAA includes specific rules for how covered entities disclose health information in judicial and administrative proceedings. See 45 CFR 164.512(e).
5. Your online presence is consistent
Opposing counsel may look you up. Before your first case:
- Make sure LinkedIn dates and titles match your CV.
- Review old posts, bios and reviews for anything that could be taken out of context.
- Never post about a case you are working on.
6. You are prepared for testimony
Not every case goes to deposition, but you should be ready if it does.
- Know your file, every page you reviewed and what you did not review.
- Practice explaining clinical concepts in plain words.
- Expect questions about your CV, your fees and your past opinions.
- Answer the question asked, then stop.
- It is always acceptable to say, "I don't know" or "I'd need to see the record."
Quick self-score
Give yourself one point for each:
- License and certifications current and documented
- Experience that matches the cases you want
- Expert CV with exact dates
- Written fee schedule
- Retainer agreement template
- Testimony list (even if it is empty)
- Conflict check process
- Secure records plan
- Employer policy checked
- Online profiles consistent with your CV
A score of 10 means you are ready to say yes with confidence. Anything less is a to-do list, not a no.