Issues to Think About When Working With Attorneys for the Defense or the Plaintiff

Issues to Think About When Working With Attorneys for the Defense or the Plaintiff

It is imperative to consider both points of view. The ways in which you help your retaining attorney will change according to whether the plaintiff or the defense retains you.

As an expert, regardless of whether you work for the plaintiff or the defendant, your key role is to educate your attorney-client in any technical elements of the case. This includes known technical facts in the case, plus newly discovered facts of a technical nature. These ongoing discoveries may come from your research, extra documentation from the other side, or just miscellaneous discovery during your investigation. Your attorney will often ask you to help by reading and analyzing facts submitted from the other expert.

The expert working for the plaintiff has to do appropriate research, analysis, or investigations that lead to believable findings and defensible opinions. Early in the case, your attorney may ask you to report your preliminary observations or findings verbally. He may also ask you to write a simple declaration or affidavit addressing a limited technical portion of the case. Only after you have finished your investigation and analyses might he ask you to write the expert report that contains your complete findings.

If your attorney asks you for your opinions early in the case, you should state clearly that opinions expressed orally at this point are preliminary. Do not hesitate to say that you have not completed your investigation or analyses. You do not want to mislead your attorney, but you also do not want to lock yourself into a position that you haven't yet firmly taken, and then end up having to defend that position to your own attorney or his client.

If you are the plaintiff's expert, the opinions in your expert report are central to your work. The attorney for the plaintiff wants to offer them to support his case. initial, do not stretch the truth. Do not offer an opinion or conclusion that you cannot back up completely by your research and analysis. Do not permit your attorney to pressure you into expressing an opinion that you do not fully believe and cannot fully defend by what you know as an expert. The investigative procedures and analyses that you contain in your expert report should stand as a foundation for the stated opinions. You should be careful not to let your phraseology make your opinion harder to defend. For example, do not claim in your report that something is always true or is never true, even if you do not currently recognize any possible exceptions.

Never say never' and always avoid always' in your opinions.

The expert for the defense has the task of reading the plaintiff's expert's findings, reports, affidavits, or declarations. Your goal should be to look for factual errors, oversights, or mistaken assumptions by the other expert. Your job is to assess whether or not the other expert's research, analyse, procedures, or references fully support the opinions he or she expressed. Your lawyer / client will use your assessment of the other expert in case planning and possibly future questioning. What's the goal? The defense counsel By and large looks for facts that can be used to discredit the plaintiff's expert, casting doubt on the expert's facts or methodologies. If possible the jackpot would be to negate all of the other expert's conclusions through your analyse and analysis.

The defendant's expert must look at every opinion expressed in the plaintiff's expert's report. first, see if each opinion makes sense to you as an expert in this field. If it does make sense, that's fine. You can go further and verify whether the plaintiff's expert has adequately explained the procedures or science that led to his opinion. If you can find any weakness in logic, even though technically proper opinions have been drawn, point them out to your attorney.

Further, you will probably want to point out those logical weaknesses in your own rebuttal report, which you will prepare as a direct response to the plaintiff's expert's report. Perhaps an opinion in the expert's report strikes you as incorrect or shaky. describe to your attorney why you believe this, and contain it in your own rebuttal report. Whatever you write in your rebuttal report will become the subject of your own testimony for the defense.

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