1. 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.
2.
The "right" expert will not only have knowledge, skill and experience - he/she will also tell you when there
are problems, and is a good teacher.
3. 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.
4. 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.
5. Assume that everything you
send to your expert will eventually be discoverable to the opposing side.
6. 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.
7. 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 concerns.
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