Selecting A Forensic Expert

In Key Factors In-House Counsel Need To Know When Selecting A Forensic Expert, John J. Scott and Hutch Hubbard write:

Although experienced expert witnesses are quite familiar with the requirements of Daubert and the Federal Rules, it is important for corporate counsel to remain aware of the issues. This is of particular importance throughout the selection process.

Your expert should provide full disclosure as to theories and methodology in preparing his or her report. There may not be an opportunity to supplement a report that provides too little at the onset. Discuss with your expert whether the work described in his or her report could be duplicated by another expert in the same field. Finally, ensure that your expert is thorough in disclosing all of the material considered, and ask your expert to address the obvious objections by specifying the reasons competing techniques were rejected, and why they deemed unhelpful or otherwise did not rely on data that might have been considered pertinent.

For more, see MetropolitanCorporateCounsel.