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Expert Due Diligence – Part 1
When deciding whether to retain an expert, ask for two to four references, other attorneys (both plaintiff and defense) who have retained his services. Call them, and ask them: 1) Is he easy to work...
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Expert Due Diligence – Part 2
Before retaining an expert, review his C.V. closely, looking for the following: 1) Is he published? Are any of his texts or articles relevant to the issues in your case? If so, you need to review them....
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Expert Due Diligence – Part 3
In addition to closely reviewing an expert’s curriculum vitae and following up with references (discussed in prior posts), consider doing the following when conducting your expert due diligence: 1)...
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Retaining Experts -Signing on the Dotted Line
More and more, experts have retainer agreements they expect you to sign, and more and more these agreements have their share of onerous clauses. Before signing a contract with an expert, read it...
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Sharing Experts
When sharing experts with co-parties in a case, reduce the agreement to writing and have it address the following: 1) How expert fees will be split. 2) Who has access to experts and how. 3) What occurs...
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An Expert’s File
Assume everything you write or e-mail an expert will be discoverable. Even if you can somehow keep it from being discovered, you will probably spend your time and the client’s money to keep it...
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Ten Things Your Expert Neglected to Tell You
“I refuse to answer that question because the answer may incriminate me.” No attorney wants to hear his witness assert his fifth amendment right against self-incrimination. And certainly no attorney...
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Getting Experts to Agree with You
When cross-examining an expert in deposition, get him to agree with basic assumptions, principles and facts that are generally accepted by others in that expert’s field. Search out federal...
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Product Inspections
Whenever inspecting a product, always consider potential spoliation. You don’t want to turn a good case into a bad one or a bad one into a worse one. Before the inspection, speak with your expect and...
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