What do lawyers need in an expert witness in purchasing?

Experts in purchasing are rare indeed – an expert witness in purchasing is close to unique. Therefore, many lawyers resort to broker agencies to find a purchasing expert.  Whether you are a lawyer or a broker, here is profile of an expert witness in purchasing.

CONTENT EXPERTISE        Published works such as books, workbooks, online courses, CDs, MP3s and the like all indicate content expertise. At the very least, magazine articles or interviews with industry authorities are required. Speeches, talks, seminar and workshops to industry groups are another reliable indicator. Peer recognition from fellow professionals is more difficult to establish but an expert witness in purchasing should be able to provide verifiable sources.

PROFESSIONAL DESIGNATIONS (earned) Certified Purchasing Professional (CPP), Certified Professional Purchasing Consultant (CPPC), and Certified Green Purchasing Professional (CGPP). are recognized standards of excellence I have earned. They demonstrate dedication and devotion to the profession and differentiate the pro from the pretender.  I also serve as the coach and instructor for the CPP and CGPP Exams.

EXPERIENCE IN THE FIELD       My career of nearly four decades since college includes roles as an employee, business owner, and consultant to many scores of clients, small to large, domestic to foreign. Professional duties discharged include sourcing, contract management, negotiation, supplier qualification and evaluation, foreign trade, business law, and education, training, and coaching. 

ORAL AND WRITTEN COMMUNICATION SKILLS           Well developed and practiced oral and written communication skills are mandatory.  A history of published works and experience with spoken presentations (such as many hundreds of seminars, speeches, etc) is essential. The expert witness in purchasing will need to compose oral and written reports. Depending upon the facts of the case, a finely crafted and imposing report with unshakeable opinions can often encourage settlement, especially if the opposing party does not want the expert witnesses report to be made public.

REFERENCES     A true purchasing expert should have dozens of references from coworkers, clients, and fellow purchasing pros. These should be immediately available in the form of a web page, PDF document, or even on Linkedin. Most importantly, the expert witness in purchasing should have references from attorneys he has served.

KNOWLEDGE OF AND EXPERIENCE WITH THE LEGAL PROCESS To work well with legal professionals, the expert witness in purchasing must be familiar with discovery, depositions, and testimony. An understanding of direct and indirect examination and the ability to hold up under legal pressures is helpful.

OTHER SKILL SETS    Many law suits never reach the court house.  For those that do, an ability to testify appropriately is required.  Depending upon the scope and magnitude of the law suits, some lawyers help the witnesses with mock depositions and testimony, using video tape as an instructional tool. Ask your lawyer about answering “hypothetical questions”, saying “I do not know”, and how to recognize other traps posed by opposing counsel.

• Always let your attorney take the lead and never let the opposing lawyer take the lead or confuse you, especially with hypothetical questions. Answer the questions in direct testimony with short, clear, and direct responses. Let the lawyer develop the case at his approach and pace.
• Do not volunteer information that is not asked. This is especially true for cross examination. Respond to opposing counsel’s cross examination in ping pong style with short strokes.
• The expert witness’s testimony should not self aggrandize. Rather, the expert witness wants to come across as a personable and knowledgeable authority whose valuable opinions carry the weight of persuasion.
• Practice in Alternative Dispute Resolution (ADR), particularly arbitration as opposed to mediation, is very helpful. My 15 years of service to the American Arbitration Association Panel of Arbitrators provide a thorough mastery of adversarial representation techniques.
• This web site has other helpful tips.

For attorney’s seeking an expert witness in purchasing, call 214.513.8484 in Dallas or send me an email to RobertMenard@RobertMenard.com
This is my list of areas of Expertise on my CV.

• Professional Practice in Purchasing
• Purchasing Policies and Procedures
• Purchasing Ethics
• Purchasing Best Practices
• Purchasing Department organization such as Centralized, Decentralized, Strategic, etc
• Supplier Qualification (Certification) standards
• Supplier Evaluation systems
• Green Purchasing
• Foreign and domestic supplier negotiations
• Development of negotiation plan and implementation strategy
• Consulting Reports
• Terms and Conditions
• Due Diligence for Mergers & Acquisitions
• Sarbanes Oxley compliance
• Supplier Base reduction methods
• Supplier plant visits
• Hiring purchasing talent
• Create/expand P-Card, Ghost Card, and P/R Card programs
• Travel Spend
• Software selection for purchasing