Federal Rules of Civil Procedure’s Rule 26 and the Duty to Disclose Overall, the Rules can provide information about proceedings that may help orient an expert witness to the process. Rule 26 covers a number of details related to the…

Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure mandates disclosure of the expert report to opposing counsel. The report summarizes the expert’s opinions and includes the facts on which the expert relied. Additionally, the report consists of the expert’s…

It’s essential to understand your jurisdiction’s standards for expert qualification—typically Rule of Evidence 702 and admissible scientific testimony. If you’re an expert, the opposing party may challenge your testimony or qualifications. If you’re an attorney, you must establish that the…

Independent medical examinations (IMEs) are a critical part of any personal injury litigation. As the term suggests, an IME is an exam of the injured party conducted by an independent, third-party medical professional. Its goal is to render an unbiased…

Although you’re an expert in your field, perhaps you’re not landing as many expert witness roles as you’d like. Your resume is impressive and you have robust industry experience. So why aren’t more hiring attorneys reaching out? Many experts overlook…

An expert witness’s role is to break down complicated subjects so that triers of fact can make informed decisions. However, sometimes even the most reputable experts in a particular field are not necessarily the best ones for trial.  For instance,…

Serving as an expert witness is akin to running your own small consulting business. You provide unique expertise on short-term projects without being employed full-time by an attorney or firm. For many experts, this flexibility to contribute to legal cases…

For experts and attorneys, expert retainer agreements are an important component of the legal working relationship. The retainer is an up-front, lump-sum paid by the hiring attorney for the projects they want an expert to complete. For experts, a retainer…

Both inside and outside the courtroom, experts’ services are becoming increasingly indispensable in all stages of litigation. As experts become more and more involved in a case, and the scope of their performance broadens, so will their fees. As such,…

Finding the right expert can be a daunting task for attorneys, especially when the case involves highly complex and scientific information with which the attorney is unfamiliar. Any potential experts can make the job easier—and increase the likelihood that they…