Casting Experts in Your Case's 'Storyline'
January, 2010
The Daily JournalIn any litigation setting, defining a cogent and compelling case narrative is a critical early step in strategy development. The growing complexity of business litigation has cast an even brighter light on the importance of creating a strong narrative, and highlights the important role experts can play in building your case's "storyline."
Virtually all litigated business-related cases require expert involvement. Retention of a case expert is a decision that must be made early in the management process, understanding that case strategy may have to yield to the eventual expert's findings or recommendations. There are a range of ways in which experts can be used, from being strictly an undisclosed consultant (afford privilege protection to attorney work product) to an expert designated to testify (requires discovery disclosure and no privilege). The expert can also be a percipient witness with expert credentials. While the largest employment of experts by far is in testimony roles, retaining experts solely to consult is a growing trend.
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