How Do You Know If You Have Partnered With a Qualified Notice Media Expert?

Here are some simple things to look for and questions to ask your Legal Notice expert:

• Has your expert actually worked in the field of media, public relations or communications?
• How long have they practiced in that field?
• Does your expert actually have direct experience and expertise, or are they reporting what others have given them?
• Have they provided expert testimony through an affidavit or in court?
• Has a court previously discounted their experience or opinion?
• Have they published articles, or have they spoken on media and related legal notice?
• What case experience do they personally have—not a company case resume.
• Are they writing a report in a way that can be replicated by a peer?
• Are  they  citing the  research  used  and  are  they clearly  describing how  they  have arrived at their conclusions?

If the expert  answers ‘‘no’’ to any of these questions, the explanation and reasons for  the negative  response should  be carefully examined (and practitioners should expect  potential objectors  to scrutinize this  after  submission  as well,  which  could  be disastrous). Also, keep in mind  that  a reputable media  expert  will not  speculate on, report on, or measure the results of certain elements such as a press release before it is issued. No credible public relations person  would  do this,  as it is not  possible to predict in advance how many articles  will result from  a press release. The news of the day could  trump any given publicity effort.

After  the notice  program has been implemented, the legal notice  expert  must  be able to fully explain to the court  the methodology used to determine the target  audience. The expert affiant should be the person who actually devised and implemented the media program, not the administrator. The media expert must  provide  the reasons for choosing  certain  means of communication, and  the  basis for  the  overall effectiveness  of  the  program using reach and frequency percentages.