An expert’s early engagement is key for technical cases

One of the key benefits of having a subject-matter expert at your disposal is to interpret the technical jargon and concepts prevalent at every step of the case: negotiations, claim, discovery, deposition, testimony.

These language and concepts will be used by all parties to the involved in litigation – fact witnesses (plaintiffs  and defendants), opposing attorneys and experts. In legal proceedings, which involve technical disciplines, it is vitally important that the attorney litigating the case have a clear understanding of the meaning of terms and how they apply to and impact the evidence available in discovery documents. Without a background in the area, only the professional experience and expertise of a well-qualified expert witness can provide this comprehension.

In cases with highly technical issues, the expert witness should be engaged and brought to speed well before the deposition of fact witnesses to help the attorney craft meaningful claims, discovery requests and interrogatories that can go to the heart of the relevant technical issues.

Any litigation has only four possible outcomes,

  1. settlement,
  2. summary judgment,
  3. verdict or
  4. dismissal.

The Expert Witness’s influence can help in the ordering of these outcomes to the benefit of the end-client.

The key benefits of having a subject-matter expert at your disposal include:

  1. Interpreting technical jargon that will be used by fact witnesses and opposing Expert Witnesses.
  2. Assisting in claims construction (plaintiff) or rebutting claims (defendant).
  3. Helping the attorney craft meaningful interrogatories.
  4. Keeping relevant technical issues in focus.
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