Expert Witness Blog

In Utilizing Experts In An Expert Way, Kelli Hinson and Tesa Hinkley describe the crucial role expert witnesses have at trial and give advice on how best to use them. In this excerpt, Hinson and Hinkley give tips on managing the information flow in your case.

When massive amounts of documents and facts are involved, it is tempting to restrict the amount of information flowing to experts. However, because the expert is independent and must consider all relevant information, such an approach can backfire, leading to surprises in deposition or testimony and potential amendments to a report. Providing access to all documents and fact witnesses while assisting the expert in the selection of relevant documents is the safer way to proceed, and can be done efficiently. Costs can be minimized by relying on those working under the expert's direct supervision (and at lower rates). Such staff can pre-screen client personnel for discussions with the expert, review documents, and develop factual summaries that consist of quoted excerpts and are devoid of opinion.