In Using Marketing, Business & Competitive Research to Win Cases, sales expert witness Don Smith writes that 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 fine-tuning 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.