When hire an expert witness? Early, way before discovery.
Attorneys should hire their expert witness very early, before discovery, testimony and depositions. Actually the ABA recommends hiring the expert before the dispute arises.
- Many cases require the help of an expert witness months prior to discovery and their testimony.
- Moreover, finding the right expert takes time. It is prudent to start the selection process early on.
- Actually, multiple bar associations and professional institutes recommend the hiring of an expert as early as possible – even before litigation has started.
An expert witness can guide you in the early stage of your case.
- Even before claims have been filed or demand letter exchanged, your expert can guide you in your dialogue with the opposite party to extract as much information as possible.
- He will then help writing the initial claim or answer one.
- He will guide in the discovery process.
- He’ll need to review all pertinent documentation, work with the client and the attorney to ensure that they understand all aspects of the case.
- He may need to make research on his own.
- He needs to write a report, the basis of his testimony.
- If a deposition or testimony is/are required, the attorneys will need to prepare their expert. Preparations and time allotments also are required.
Last but not least, because the number of capable experts are limited in highly specialized areas of testimony, you may want to attract and bind the best expert early on in your process.