In Using Marketing, Business & Competitive Research to Win Cases, business and corporate strategy expert witness Don E. Smith, President, American Consulting Group, Inc., writes that marketing research is a powerful tool that helps lawyers win cases.
Many market research expert witnesses have an undergraduate degree in their specialty (engineering, business, marketing) and an MBA or PhD. They average over twenty years of business experience. Unfortunately, some lawyers do not recognize the value of marketing research...and put their cases at risk. For example, many lawyers bring in an expert to express an opinion based on his/her experiences. In many cases, this experience is narrow; the expert’s testimony is weak. With effective research, numerous facts from a range of sources provide a far more convincing argument.
Market size & growth
Best effort evaluation
New product opportunity
Effectiveness of programs
The keys to the selection and use of marketing research professionals include:
1. Define the hypothesis and the information required to win the case. This
guides you in the selection of your researcher and keeps the research
focused and affordable.
2. Define key words that define the background and experience you
require from your researcher. Such finetuning is now possible through
the use of ExpertLaw.com’s search capability.
3. Use researchers with extensive (a) Business experience and (b) Expert
witness experience. Unfortunately, many market researchers are (a)
Academically strong but do not have in-depth experience in line
management of a business or (b) Not comfortable or practiced in public
speaking and are not effective during the stress of a deposition or trial.
4. One of the strengths of market researchers is attention to detail. This
Can also be a weakness. An experienced researcher recognizes when
details are not required; this saves both time and money.
5. Secure several research-in-progress verbal reports. The information will
provide you with valuable insight to the case and your strategy. It also
helps focus the researcher.