Look for your expert early! The right expert will be
able to help you in the discovery process and can help you prepare
deposition questions and flow.
The "right" expert will not only have knowledge, skill and experience -
he/she will also tell you when there are problems, and is a
Hire the expert as a consultant first, and later decide whether he/she
should testify. You may not have to
disclose the findings if an expert consultant reaches
unfavorable conclusions, or other problems
arise. Although unfavorable findings are
never pleasant to hear, it is better to face them early, rather than
try to first deal with them during trial. Of course, this is
another reason to retain an expert early.
Remember that an expert witness may be asked disclose interactions with
you; therefore, the expert should maintain a file that
includes all communications, include you in all communications
about the case, and be aware that it is likely the opposing side will
eventually have a copy of all of it.
Assume that everything you send to your expert will eventually
be discoverable to the opposing side.
That said, show your expert everything in your file except something
that is your undisclosed work product. Definately show the
expert everything the opposing side has.
Keep paper trails to a minimum. Reports can be written, but
it may be better to do so after discussion about the findings and any