For law firms, expert witnesses can have a high return on investment.
They can be particularly useful in court cases involving technical challenges. What can you do strategically to ensure your ROI is as high as possible in complex litigation? Here’s everything you need to know.
Consult with experts in the pre-discovery phase
Make sure you consult expert witnesses in the pre-discovery phase. Don’t leave it until the discovery is complete. Bringing in an expert early lets us review the initial documentation and highlight what might be missing, especially when it comes to psychological industry claims that require a forensic psychiatrist expert witness.
Early engagement ensures your deposition questions are more grounded. It means that you’re far less likely to rely on guesswork going forward with the case.
Leverage experts to evaluate opposing reports
The next thing you’ll want to do is leverage experts to evaluate opposing reports. It’s usually the best way to deconstruct what the opposing counsel is trying to rely on in court.
In many cases, opposing experts rely on unsupported evidence and must be taken to task. Often, they do this without realising that they can be biassed by the case that they’re directly working on. Getting your legal expert to look at the opposing team’s report can uncover various methodological flaws and inconsistencies. You can then use this information to mount a counter case, helping your team pinpoint exactly where their objective evidence gathering ends and where subjectivity begins.
Perform methodology-driven evaluations
It’s also a good idea to perform methodology-driven evaluations under various rules. You need to adopt a methodology that’s suitable for the cases. A physician focusing on patient well-being is different from a retained expert who’s applying a rigorous, objective framework.
This is particularly important when it comes to commercial disputes, especially when there’s an issue around the plaintiff’s mental capacity or emotional distress. Independent evaluations ensure the final opinion rests on real data instead of biassed categories, making it very resistant to evidentiary challenge.
Protect the expert’s unbiased objectivity
While you’re going through this process, it’s absolutely essential for your law firm to protect the expert’s unbiased objectivity. Make sure you don’t pick an expert who’s overly invested in the firm’s victory, as these individuals often allow bias to creep into their work. After all, what you need from an expert witness is a plain telling of the facts. You don’t want a situation where they are providing superficial reassurance, whereas real cross-examination in court could lead to issues.
Prioritise plain language translation
Lastly, you’ll want to prioritise plain language translation. This often carries more weight than being a dedicated expert using specific terms. Law firms need to evaluate the expert’s ability to connect abstract findings to real-world limitations. For example, if a forensic scientist or psychiatrist is talking about cognitive impairment, they need to explain why that impairment affects the case, rather than simply going through the technical details. In other words, any evidence that expert witnesses provide must be made relevant by them to the case.
Photo Credit: Unsplash CC0 Licence.
